Tuesday, April 17, 2018

They're Back to 1948

J Street tweeted a throwback to the 1948 "occupation":


The article referenced highlights the December 4, 1948 letter in the New York Times that infamously, responding to the Deir Yassin battle, blacklisted Menachem Begin as a "fascist" and which sought to upset his successful New York tour.

The author of the piece, published, with J Street approval, is David Granberg of IfNotNow. That letter, signed by "27 American Jewish leaders", condemned Begin

as the “latest manifestation of fascism,” [and] the letter cites the Irgun’s open and boastful involvement in the 1948 Deir Yassin massacre of over 100 Arab men, women and children as exemplary of the party’s dangerous and reactionary character. The letter called for Americans to unequivocally denounce Begin and his party, which also terrorized left-wing Jews 

and Granberg adds:

Less than four years after the liberation of Auschwitz, Jewish leaders recognized that Israeli violence against Palestinians was morally abhorrent, dangerous and absolutely unrepresentative of Jews or Judaism. 

That letter actually described Herut, Begin's political party, of which J St. founder's father was a member, as

closely akin in its organization, methods, political philosophy and social appeal to the Nazi and Fascist parties

And some are aghast at the terms some call IfNotNowers. 

Perhaps some Israeli violence was problematic. For sure. Especially that of the Palmach. But this throwback to 1948 is in line with the ideological line adopted now that justifies Arab violence, specifically the Return March antics at the Gaza border, while condemning the IDF's defensive measure against a terrorist organization.  And while IfNotNowers are saying Kaddish for Arabs killed there at the Gaza fence, they have never recited Kaddish for any Jewish victim of Arab violence (I have tweeted them repeatedly to counter my assertion but no denial).

Make no mistake: IfNotNow, JVP and now JSt. are pursuing an anti-Zionist cause.

^

Monday, April 16, 2018

Magnes, and the State Department, Continued

I have detailed the nefarious scheme to thwart Israel's independence in 1948 which involved Judah Leib Magnes coming to America in May 1948 and meeting Secretary of State George Marshall and President Harry Truman, in that order. And see the documents here.

I see now that Efraim Karsh has added more information:

the State Department, sensing an opportunity to reap some domestic political benefit, leapt into the fray. “We should abandon our present defensive attitude and take the offensive in a confident and courageous manner,” Loy Henderson, Assistant Secretary of State for Near Eastern and African Affairs, wrote to Undersecretary of State Robert Lovett on April 22

So

Henderson lost no time in transporting to Washington. There he met Marshall on May 4, dutifully assuring the secretary that the administration had needlessly been “too apologetic” in pushing its trusteeship proposals. Instead, Magnes urged, U.S. sanctions were called for: these would stop “the Jewish war machine in Palestine” dead in its tracks and disabuse the country’s “artificial” Jewish community of its dreams of statehood. Impressed by “the most straightforward account on Palestine” he had yet heard, the secretary arranged for his guest to be seen by President Truman.

But what has special interest to me, on the background of the activity of the IfNotNow group saying Kaddish for Gaza Arabs killed as they seek to invade Israel, is this thinking of Henderson:

We must persuade the more moderate Jews in this country to break the hold which a minority of extreme American Zionists now has on American Jewry so that Jewish leaders in this country, instead of continuing to push Palestine Jews into an extremely nationalistic position, will endeavor to impress upon them the importance of assuming a reasonable and moderate attitude with the Arabs.

Nothing has changed in the past 70 years, just has nothing had altered prior to 1948, in 1919, when hundreds of assimilationists, Reform Rabbis and anti-Zionists published their anti-Balfour Declaration in the New York Times, attempting to influence President Woodrow Wilson, a "tradition" carried on throughout the 1930s and 1940s. And it continued and continues: Breira, Open Zion, Jewish Voice for Peace, J Street, etc.

^

Sunday, April 15, 2018

Was Jabotinsky Judaically Ignorant?

Many people, if they know anything about Ze'ev Jabotinsky, presume that because he was agnostic, he was unaware of Jewish sources.

While searching for some material, I came across an article which he published in Russian in
«Еврейскаяжизнь», (Jewish Life) № 6, June 1904 and it opens so:

СИДЯ НА ПОЛУ…
Помню еще из детских лет одно место в Pirké Aboth: «Не утешай ближнего своего, – учил Симеон, сын Элеазара, – пока еще лежит перед ним усопший». Вряд ли скоро мы сможем обменяться друг с другом словами утешения, потому что долго еще будет усопший перед нами.

and it translates so:

SITTING ON THE FLOOR ...
 
Since a young age, I remember this piece from Pirkei Avot:  "Do not comfort your neighbor," Simeon, the son of Eleazar, taught, "while his deceased lies in front of him." It is unlikely that we will soon be able to exchange words of consolation with each other, because the deceased will lie in front of us for quite a long time.

That reference to the Ethics of the Fathers is found in 4:18

Rabbi Shimon the son of Elazar would say: Do not appease your friend at the height of his anger; do not comfort him while his dead still lies before him; do not ask him about his vow the moment he makes it; and do not endeavor to see him at the time of his degradation.

Jabotinsky was 23 at the time that appeared and so we can be assured that his Jewish knowledge was not gained at a later age when it was required politically (for the Jewish masses in Poland, for example).

^

Thursday, April 12, 2018

So, When Is The Holiday?

Today, the Temple Mount is closed to Jews.

the solemn celebration of the Holy Prophet Muhammad Israah (Night Journey to Jerusalem) and “Miraj” (Ascension to Heaven) on the 27th Night of Rajab. The Israh Wal Mi’raj: It’s symbolism of the Night Journey which in Arabic is called “Israah” and “Miraj” is ascension to heaven by the Holy Prophet of Islam.
Credit: Arnon Segal

But when is that holiday?

I checked:

a) "the Directorate of Religious Affairs at the Ministry of Justice, Islamic Affairs and Endowments in Bahrain, said it will hold the annual ceremony of the Isra Wal Miraj after Isha (evening) prayers on Thursday, April 12 (Rajab 26,1439 in the Islamic calendar) at the Ahmed Al-Fateh Islamic Centre in Bahrain."

b) "In Oman Sayyid Khalid bin Hilal bin Saud Al Busaidi, Minister of the Diwan of Royal Court, Chairman of the Civil Service Council yesterday issued a decision declaring Sunday 28 Rajab 1439 AH corresponding to April 15, 2018 as an official holiday for employees at ministries, public authorities and other departments of the State's Administrative Apparatus on the occasion of the blessed anniversary of Al Isra'a Wal Miraj."

c) "UAE announces details of Al Isra Wa Al Miraj holiday: Al Isra Wa Al Miraj holiday will fall on the weekend, meaning public and private sector employees working on Saturday will get a day off. The Federal Authority for Government Human Resources said ministries, federal agencies and all private sector establishments will resume work on Sunday. Schools had initially told parents that Thursday may be a day off for pupils, but later said it was a normal school day."

d) "Parking in the emirate of Dubai will be free on Saturday, April 14, on account of the holiday for Isra Wal Miraj, the Roads and Transport Authority (RTA) said as it announced changes to the working hours of all its services for that day. Paid parking will be reactivated on Sunday, April 15."

e) and according to Wafa news agency, in Palestine "Saturday is an official holiday marking al-Isra wal-Miraj Muslim holiday."

So, when is the holiday?

______________

Even if the special prayers begin on Thursday evening, why close the compound to visits by Jew and other non-Muslims today?

______________

UPDATE

Amman, Apr.15 (Petra) -- HRH Prince Faisal bin Al-Hussein, on Sunday, attended a ceremony, organized by the Ministry of Awqaf, Islamic Affairs and Holy Places, marking the anniversary of Al Israa wal Miraj, Prophet Mohammad’s nocturnal journey from Makkah to Jerusalem and his ascension to heaven.

Jordan's Waqf oversees the Temple Mount's Islamic shrines. So what day was the holiday? 

^

Wednesday, April 11, 2018

Never

In response to Israel's efforts to prevent a mass breakthrough of it border along the Gaza Strip, an area from which it disengaged in 2005, removing every bit of its former presence including destroying homes and expelling over 8,000 Jews, conducted in a violent fashion with firebombs hurled, shots fired and attempts to cut and/or damage the security fence, an American Jewish group of college-age people, IfNotNow, has been demonstrating in several places, marching and even blocking entrances of establishment Jewish organizations and institutions.

In at least two places, Manhattan and Twin Cities, (add Boston and Los Angeles as of April 11) the demonstrators have recited the Kaddish, the Jewish prayer said for the dead, on behalf of Arabs killed by the IDF to prevent them from illegally entering the state of Israel and harming its citizens and property.

How many times, and on which occasions, have members of IfNotNow recited Kaddish for Jews murdered - shot, stabbed, car-rammed - by Arabs since they were founded?



^

Sunday, April 08, 2018

Synagogues in the Hotel Area of Jerusalem

Besides the Great Synagogue, are there other synagogues to grab a minyan in when visiting Jerusalem?

Sure.

Yeshurun:





Be'er Miriam at David's Court facing Washington St.:


Hazon Ovadia on Jabotinsky


Don't forget Renanim at the entrance of the Great Synagogue:


And also Hovevi Tzion.

Add others in comments.

^


Raids, Stormings, Assaults, Barging, Etc.


The language hyperbole continues as regards how Jordanian outlets report quiet and peaceful tourist-like visits of Jews at the Temple Mount, restricted in their utterances and gestures, that is, no praying, swaying of prostrating.



AMMAN — The government on Friday condemned storming of Al Aqsa Mosque/Al Haram Al Sharif by Israeli occupation forces and Jewish extremists, the Jordan News Agency, Petra, reported.

State Minister for Media Affairs Mohammad Momani said that the occupation forces and the extremists assaulted a number of worshippers, used pepper spray and closed the southern mosque inside the sanctuary, the Jordan News Agency, Petra, reported. 

Momani said that the Jewish religious holidays have unfortunately become occasions to increase tension at the mosque, voicing rejection of the practices of extremists groups, who barge into the Muslim holy shrine under the protection of the Israeli police, which breach the sanctity of the holy place and provokes the prayers.


And this is cheeky:

He also stressed the importance of respecting Jordan’s role as the custodian of East Jerusalem’s holy places as stipulated by the peace treaty binding the two countries.

And why?

Well, read Article 9 of the Israel-Jordan Peace Treaty:

ARTICLE 9     PLACES OF HISTORICAL AND RELIGIOUS SIGNIFICANCE
Each party will provide freedom of access to places of religious and historical significance....The Parties will act together to promote interfaith relations among the three monotheistic religions, with the aim of working towards religious understanding, moral commitment, freedom of religious worship, and tolerance and peace.

and explain Jordan's rhetoric and why it deviates from its treaty obligations.

_______________

UPDATE

From an article by Efraim Halevy I have now just seen in Haaretz that explains Jordanian sensitivity:

I will conclude with a report on an event that took place on the White House lawn on July 25, 1994, as President Clinton was reading out the complete text of the Washington Declaration. When he reached the section stating that the Hashemite Kingdom of Jordan was to be recognized as having status as pertains to the Islamic holy sites in Jerusalem, the audience reacted with a roar of astonishment and elation. Altogether coincidentally, I was sitting in the third row of those invited to the ceremony, behind a senior member of the entourage of Minister Peres, who turned around toward me and angrily asked, “How dare you write such a thing in today’s declaration! That is completely contradictory to what we agreed to with the Palestinians.” I asked him, “And what did you agree to with the Palestinians?” His response was to sit down in his seat, turning his back on me.

^

Mazower Wow


Mark Mazower is a historian at Columbia University and the author, most recently, of the memoir “What You Did Not Tell: A Russian Past and the Journey Home.” That is how he is identified in the New York Times which published on April 6 his op-ed on anti-Semitism in Great Britain and especially the Labour Party.  Entitled "Anti-Semitism and Britain’s Hall of Mirrors", it appeared to be a bit rambling.

But he does come to an early conclusion that

the scale of anti-Semitism inside the Labour Party is insufficient to warrant the kind of reaction we have seen recently.

And he is upset that the head of the Board of Deputies criticized that Jewdas Seder in which Jeremy Corbyn participated:

Is fighting Jewdas really a priority in the struggle against anti-Semitism?

In addition, it appears the main thrust of his piece is to denounce England's Brexit policy:

In Brexit, Britain faces the most consequential foreign policy decision of the past half-century, one that will transform the country’s position in the world. So far, the government has handled the negotiations like amateurs...Britain itself, losing its way in a hall of mirrors, distracted by secondary issues while the country’s fate hangs in the balance.

So, what of the Jews?

Well, he does inform us his grandfather was a Bundist, that is, a fierce anti-Zionist. Mazower thinks of the Bund that it was "this big, courageous strand of the Russian left".


 But I was informed that:

"He’s a virulent anti zionist. Wrote an article claiming Zionist approaches to colonisation were drawn from proto-Nazi German ones, based on his analysis of Arthur Ruppin’s work. Married to an Egyptian secular Muslim."

Could that be? 

I found this:

Mazower finds common origins between Nazi racial theory and aspects of Zionist thinking. Similarly, the Zionist Arthur Ruppin, who purchased land from non-Jews in Palestine, is described as mirroring the policies of his pre-Nazi Prussian homeland in its struggle to dominate the Polish borderlands through land acquisition.

I turned to Shlomo Aronson's review of Mazower's book, Hitler's Empire: How the Nazis Ruled Europe who writes that the book 

...is a very good summary of largely secondary sources, going all the way back from the Prussian Colonization Commission to the Nazi extended version thereof – until the author’s arrival at “The Jewish Question: From Europe to the Middle East” on page 597. 

What begins to go wrong?

Well, the 

“hero” in these pages was Dr. Arthur Ruppin...transformed to “Prussian” by Mazower, whose main motivation [to settle the Land of Israel] seems to have been acquired from the Prussian Colonization Commission, which was further used by the Zionists to bring about the “ethnic expulsion” of the Palestinians

Aronson is a bit critical, for Aronson anyway, and notes

While tracing the sources of other alliances of that kind in Europe, Mazower remains silent when it comes to the Palestinians and their role in closing the gates of Palestine to Jewish immigration in 1939, when Hitler was still pushing Jews out. As a result of this, and Hajj Amin’s efforts to prevent any future rescue efforts, hundreds of thousands died. Palestinian refugees, whose leaders tried to destroy Israel upon its birth, are alive, if under dreadful conditions related – among other things-to their own leaders’ call upon them to leave until the Arab armies extinguished the “illegal Jewish quest for a national state on Arab soil.” 

He continues:

Mazower’s methodology – paying tribute to Eric Hobsbawm and other scholars in his acknowledgment – is a basically anti-nationalist or anti-nation state ideology and praxis, while trying to create continuums between pre-WWI nationalisms all the way to the post WWII period of decolonization. Yet Jewish nationalism was, and is, a fact, which was hardly the result of “Prussian” influence, even in the case of the half-assimilated Dr. Arthur Ruppin. Fighting nationalism and Zionism is one thing, and history-writing is something else. 

and ends so:

Mazower’s strategy and tactics in studying this chapter before WWI, in the inter-war years, during the Holocaust and after the Holocaust, using a few paragraphs pertaining to much more complex processes, are ideologically – not historically – grounded. They are possibly one more example of a post-Zionist syndrome in American academia, probably a continuum of previous anti-Zionist traditions in this country, which in Israel itself belong obviously to a very small, but loud minority, quoted by Mazower as best he could.

Another reviewer writes

Ethnic homogenization is no central European practice spread to Arabs. They found their own way with Jews: tolerating them, driving them out of Arabia or killing their male half and selling the other half into slavery. Arguing that Israel was the motor for this (p. 601), that is Arabs drove Jews out, for Israel’s single-minded pursuit of an organized, state-led return, distorts the facts. This was the result of hostilities after three lost wars until 1967. That the Jewish state embraced Sephardim, Jews from the neighboring Middle East, and often supported them, goes without saying.

The reviewer is quite knowledgeable. He disputes portraying Ruppin as the "architect of Zionist settlement", pointing out the ideas of Kalischer, Alkalai and others a century before and is just as critical as Aronson:

Saying that the end of Europe’s Jewish question turned out to be the start of the Middle Eastern one, is wrong (p. 597).

There is more to a NYTimes op-ed than is printed.

^ 

Gordis Left Out One Important Episode

In his March 22 "The Universalist Impulse and Israel's Being", Rabbi Dr. Daniel Gordis zeroes in on the reality of Diaspora-Israel relations, stating


that the roots of American-Jewish distaste for Israel antedate even the Jewish state itself

While he mentions the Reform movement’s 1885 Pittsburgh Platform, he then jumps to 1948 and Joseph Proskauer, president of the American Jewish Committee to illustrate the decidedly non-Zionist character of America's Jewish establishment in too many forms.

One thing he did skip over, and which I consider important, is that American Jews not only expressed discomfort with Zionism or declared that Zionism was not their cup of tea but that they actively sought, at times, to undermine, politically, the Zionist effort.

One, of course, was the American Council for Judaism.

Another was even more invidious.

As I had blogged previously, on March 9, 1919, 299 Reform Rabbis intervened to attempt to halt President Woodrow Wilson from proclaiming agreement with the Balfour Declaration and its role in the post-World War I political reality.

Their letter was published in the New York Times and eventually gathered over 300 supporters.  It included this theme:


We raise our voice in warning and protest against the demand of the Zionists for the reorganization of the Jews as a national unit, to whom, now or in the future, territorial sovereignty in Palestine shall be committed...We reject the Zionist project of a "national home for the Jewish people in Palestine"

and they continued there:

We protest against the political segregation of the Jews, and the re-establishment in Palestine of a distinctly Jewish state.



Among the signatories were

1. Congressman Julius Kahn, R-CA. 
2. U.S. Ambassador to Turkey, Henry Morgenthau
3. Simon Rosendale, Attny.General , State of NY, founder of the Jewish
Publication Society.
4. Simon Wolf, U.S. Consul in Egypt
5. Max Senior, 1st Pres. National Conference of Jewish Charities
6. Dr. Morris Jastrow Jr., Professor of Semitic Languages, U.of Penn. &
Librarian of the University.
7. Rabbi Henry Berkowitz, 1st Sec. of the Central Conference of American
Rabbis (CCAR - Reform Mvmt.)
8. Rabbi David Philipson, founder and past pres. CCAR
9. Jesse Isidor Strauss, Pres. Macy's, Ambassador to France
10. E. Robert A. Seligman, Prof. Political Economy and Finance, Columbia U.
11. Jacob H. Hollander, Prof. Economics Johns Hopkins U.
12. Adolph Simon Ochs, publisher The New York Times 


^

Thursday, April 05, 2018

Why Shouldn't Peter Beinart Be Discomforted?

Peter Beinart is a professor at CUNY's Graduate Center located at 365 Fifth Avenue in Manhattan. Or an Associate Professor.  His best course seems to be Opinion Writing.

He is not an unfamiliar person to my readers (although as he banned me from his Twitter account, I lost track of some of his output).

In any case, according to IfNotNow back in early 2015, they understood a piece he wrote as being an


Important piece...encouraging the Jewish community to welcome discomfort

That piece from January 5 was headlined

 the Palestinians won't gain freedom on their knees.

and it contained this final paragraph:

It would be wonderful if Palestinians could win those freedoms without causing Jews discomfort. But it hasn't happened that way because it never happens that way. People are not given freedom; they take it. What matters is not what the goyim say, said David Ben-Gurion, but what the Jews do. Mahmoud Abbas is finally taking that maxim to heart. Hes tired of relying on the benevolence of Benjamin Netanyahu and Barack Obama. He's doing it the Zionist way.

Let's be clear: the Arabs-called-Palestinians were given an all-Arab country in 1922, TransJordan, in which Jewish settlement was prohibited (and the British stemmed any attempt by Jews to purchase land there even when the Emir Abdallah wished to sell it, as some of his countrymen managed to do, surreptisiously).

That was not enough.  They rejected, from the start, Jewish national rights. No Jewish People, not immigration rights, no settlement rights and not a Jewish Homeland.

As a result of Arabs-called-Palestinian's terror in 1920, 1921, 1929 and 1936, and during the intervening years as well, and following hundreds of Jewish dead, thousands injured and raped and maimed with property loss and ethnic cleansing from their homes in several locations, the British suggested a Partition Plan in 1937.

The Arabs refused it.

The 1939 White Paper, an illegal policy action, did away with the idea of a Jewish National Home as enshrined in the Balfour Declaration, the San Remo Conference decision and that of the League of Nations and set out that

The objective of His Majesty's Government is the establishment within 10 years of an independent Palestine State...with a view to the termination of the Mandate...[that] independent State should be one in which Arabs and Jews share government

And they rejected the 1947 UN Partition recommendation.

Despite no "occupation" of Judea, Samaria and Gaza between 1948-1967 and not one Jewish settlement constructed there at the time (it was occupied by Jordan and Egypt), the Arab terror continued in the form of the fedayeen and from 1964, the PLO/Fatah.

Given all this, I find his penultimate paragraph there subversive if not irrational and surely immoral as well as deliberately, I think, justifying violence:

As a liberal, I want the Palestinians to demand nonviolently. As a Zionist and a pragmatist, I want them to demand a state alongside Israel, not in its place. But as a Jew who this week begins reading the Book of Exodus – which calls us to remember the heart of the stranger – I cannot deny the Palestinians right to demand the same freedoms that we demand for ourselves. And I cannot ask them to wait.

That was three years ago.  In 2017, even the +972 radical progressive site was disturbed by Beinart's thinking.  Extremist Tom Pessah wrote:

In a well intentioned column in The Forward this week, titled “IfNotNow Is The Jewish Black Lives Matter,” Jewish American journalist Peter Beinart is creating divisions precisely where alliances are needed. Not principled divisions, but divisions resulting from a lack of sensitivity and awareness of his own privilege. (IfNotNow issued a response to the piece, and INN’s Philadelphia chapter put out a statement of their own.)

In the article, Beinart, who deserves credit for compellingly broadening the conversation about Israel within the Jewish American community, sets out to highlight activist groups pressuring the Jewish establishment to end its complacency with the occupation. 

In IfNotNow's response noted, they quite forthrightly declared

IfNotNow is a movement to end the American Jewish community’s support for the occupation.

The strategy was, and is, identical; tactics could differ as they clarified there:

Beinart’s writing is and has been a source of inspiration and insight for many of us. We write about the ways his piece missed the mark in the spirit of intellectual inquiry and public challenging of our community to do better

He has been pushing IfNotNow constantly as in this July 2017 example:

what gives me hope that the American Jewish community will one day defend freedom and justice for Israelis and Palestinians, rather than defending Benjamin Netanyahu, I answer: “If Not Now.” A Millennial-powered movement, speaking in an authentically Jewish idiom, which challenges American Jewish leaders to meet the moral responsibilities of power, is exactly what American Jewry needs

Today, IfNotNowers were in Manhattan, saying Kaddish for Arabs-called-Palestinians, 80% of them Hamas members, shot and killed by the IDF as they attempted to crash through Israel's post-disengagement border opposite Gaza and otherwise commit violence of various sorts.  The day before they shut down briefly the Israel Consulate in Boston.

I don't mind anti-Jewish establishment demos.  Been there, done that.

But what irks and bothers me, and yes, even disappoints me, is that these youngsters cannot think (one of them really has a hard time reciting the Kaddish), do not know history and have been corrupted as to what is Zionism on the one hand, and, on the other, what is Palestinianism, by people like Beinart.  He let the genie out of the bottle. He is not alone but he takes the credit.

I think Beinart should feel some discomfort.  He's discomforted Jews in Hebron, after all.  Non-violent discomfort. The discomfort he pushes but not the "Palestinian way".

___________

Reminder of non-success of non/anti-Zionists.


^

Hammerman's Anti-Zionist Terror

Ilana Hammerman has smuggled Arabs-called-Palestinians into Israel illegally from Judea and Samaria as an act of defiance.  With friends*.

Now, she ratchets up the incitement speech.

She has published, in Haaretz, of course, an op-ed:


sub-titled:


Young Palestinians are not carrying out acts of terror- they are leading a desperate struggle against an army

Selected outtakes:

the West Bank – in which not a single dunam belongs to the State of Israel 

the reality there [in Judea & Samaria]...it’s one of state-sponsored terror, [by] the State of Israel. 

All this stems from

the choice of Israeli governments to use terror to impose the “state of the Jewish people” on the entire region between the Mediterranean and the Jordan River.

Despite the terror of Haj Amin El-Husseini 1920-1948, that of the Fedayeen 1948-1956, that of the PLO founded in 1965, Hammerman writes that it is 

 this policy [of Israel] that gives rise to the acts of resistance against it.

Either she cannot think, cannot read or, like too many in the anti-Zionist camp, simply ignore facts of history, fly in the face of logic and seek to harm Jews and the state's existence.

Anti-Zionist terror.

_________

*
Annelien Kisch, Ramat Hasharon; Daphne Banai, Tel Aviv; Esti Tsal, Jaffa; Irit Gal, Jerusalem; Klil Zisapel, Tel Aviv; Michal Pundak Sagie, Herzlia; Nitza Aminov, Jerusalem; Ofra Yeshua-Lyth, Tel Aviv; Roni Eilat, Kfar Sava; Ronit Marian-Kadishay, Ramat Hasharon; Ruti Kantor, Tel Aviv

^ 

Wednesday, April 04, 2018

How "Great" is That March? Greater Palestine

Arabs of Gaza are engaged in this Great March campaign.

Buit what exactly do they want?

Here's the picture, in a short version, of their territorial demands:





and here is some more explicit detail from Iqbal Jassat, Executive Member of Media Review Network, Johannesburg, South Africa, published in the Palestine Information Center site, a Hamas-affiliated web site:

Great March of Return: a New Defiance Campaign

Palestinians have geared up to mobilize en masse in what has been dubbed as Great March of Return. Starting Friday 30th March 2018, thousands upon thousands head towards homes and lands from which they were forcibly expelled...

...Concealing the ugly reality of Zionism’s imposition of a foreign entity (Israel) and the consequences of the Nakba (catastrophe) which to date are eminently visible throughout the Occupied Palestinian Territories OPT, Palestine ’48 and refugee camps...a return to an understanding of the enormity of losses suffered by the Palestinians at the hands of a racist colonial entity supported and facilitated by the British government a century ago...

The Great March of Return has the support of all the Palestinian factions – Hamas, Fatah, the PFLP and Islamic Jihad. Expected to continue until 15 May to coincide with the 70th anniversary of the Nakba, it’s demands will hopefully resonate across all corners of the world: Right of Return to their pre-1948 homes!

And some people talk disparagingly of the concept of "Greater Israel".

This is Greater Palestine. Not "two states living side-by-side".

P.S.

Um Farid al-Dalais got ready to take part in the Great March of Return to the east of Al-Bureij refugee camp, wearing her traditional peasant dress (Thobe), which she cherishes.“Today I came to the border wearing my Thobe to demand my right of return to the town of Asdod

Here they come:



^ 

Sunday, April 01, 2018

On Law During Beliigerent Occupation

Israel's High Court for Justice handed down its decision on April 5, 1983 in the matter of HCJ 69/81 Aita v. Regional Commander of Judea and Samaria.

Arab petitioners who carried on various businesses in their respective regions challenged the validity of enactments imposing excise duty on local manufacturers in Judea and Samaria and on goods and services in the Gaza Strip, along with maintaining accounting procedures. These had been levied following the introduction of Value Added Tax in Israel.

Their main submissions were (a) since the Regions where the Petitioners live and work were occupied territory. Article 43 of the Hague Regulations required the Regional Commander to respect existing law unless the circumstances rendered it absolutely impossible. Such circumstances did not obtain in the Regions; (b) under the said Article, all enactments not designed to promote public order and safety were forbidden, whatever the purposes thereof; (c) Article 48 permits the Military Government only to adapt the collection of taxes to existing law and therefore does not give it power to enact new legislation even if it is for the benefit of the Region and its local population.

In the end, the High Court for Justice ruled:

A. (1) The basic norm on which the structure of the Israeli government in Judea, Samaria and the Gaza Strip is built, is the norm of military government.

  (2) The authority of such government is temporary and it shall continue in power as long as it is effective.

  (3) On assuming authority and as long as it continues, the military government occupies the place of the central government and its local authorities that ruled in the region, and concentrates in its hands every power, right and duty of such central government under the existing law in the Region, subject to such changes as the establishment of the military itself involves and the restrictions imposed by the laws of war.

  (4)  The authority of the military government is not limited to implementing the local law. It may translate its powers and directives in terms of security enactments subject, however, to the rules of the laws of war.

...C. (1) The acts of the occupying power derive their force and validity from customary international law which is embodied in international conventions and partly remains in the form of common law as reflected in the judgments of international or national judicial tribunals, in the practice of nations and in legal literature.

  (2) The latter is not merely interpretative of the international conventions which codify customary rules, it may also serve as an independent source evidencing general practice accepted as law.

  (3) When the High Court examines the question of the law as to whether there has been an act of omission or commission conflicting with public international law, it must differentiate between customary and conventional international law, and make a distinction between the two.

  (4) Customary international law is automatically incorporated into Israeli law, and becomes part of it except when it is in direct conflict with enacted Israeli law, in which case, Israeli law takes precedence.

  (5) Conventional international law does not become part of Israeli law through automatic incorporation, but only if it is adopted or combined with Israeli law by enactment of primary or subsidiary legislation from which it derives its force.

  (6) The legal principles embraced by the Supreme Court on subjects arising in the occupied territories are those of customary international law which gives force also to the local courts in the occupied territories according to Article 43 of the Hague Regulations, adopted in the security legislation.

...E. (1) The Addendum to the Fourth Geneva Convention of 1907 (Hague Regulations) expresses customary international law in the framework of the laws of war.

  (2) The convention contains no express prohibition on the imposition of taxes by an occupying power. The ramifications arising from Article 48 of the Addendum to the Convention should not be examined according to the narrow limits resulting from the wording of the article - which does not enable reaching definite conclusions regarding the permissible limits of taxation. But the subject should be examined in light of the quality of the military regime and its obligations, and in light of the responsibilities towards the areas which it controls.

  (3) Article 49 opens the door to the imposition of additional payment on the populace: there are no restrictions on the frequency of the levy; no restrictions on the reasons for its imposition, the manner of its collection, its scope, the individual rates that shall be determined, or resulting associated features; but there is a restriction regarding the purpose of the levy, and other restrictions lacking real significance according to Article 51.

  (4) Articles 48 and 49 of the Hague Regulations have the sole purpose of limiting the scope of responses in the event that either of two situations arises: One, the collection of taxes by the military regime that are intended for the needs of the State, and two, the imposition of forced levies. Should either of these two actions take place, the military regime will be restricted in regards to methods of implementation and disposition of income, as detailed in the Hague Regulations.

  (5) Regarding the implementation of the payment to be made: The amount of the debt shall be determined according to the normal rules of assessment (how much to be collected) (from whom to collect). The debit is not rigidly fixed, but is flexible to no small degree and can be fixed according to existing conditions. In this matter there is no logic in applying the same criterion to a recently established military government and to a military government that has been in charge of an area with all its attendant civilian problems for more than ten years.

  (6) A forced levy by the military is clearly a means of compulsion expressed by a forced collection of cash meant to flow directly to army coffers, with no relationship or resemblance to taxes for civilian purposes.

F. (1) The military regime does not have the right to impose taxes on the inhabitants of the occupied territories and divert those taxes to the treasury of the state in whose name it acts.

  ...(4) There is no basis to the argument that a general rule of customary international law has developed, forbidding totally and absolutely and for any reason whatsoever, all military legislative enactments imposing new taxes. On the other hand, there is no reason to conclude that the matter of new taxes is left to the sole discretion of the military regime. [p. 203].


JUSTICES
Shamgar, Meir Primary Author majority opinion
Bejski, Moshe majority opinion
Shilo, Yitzhak