What would Kafka do?

Tuesday - Two funerals & a prisoner exchange


Both Jewish law and rational analysis should instruct Israel's cabinet to conclude that this country must under no circumstances release hundreds upon hundreds of murderous Palestinian prisoners as ransom for our captive soldier Gilad Schalit.

Yet, just as soft-hearted Diaspora sages of old tended to interpret Halacha creatively to enable ransoms to be paid when, prima facie, religious strictures demanded the opposite, so too, contemporary Israeli politicians, generals and spymasters are leaning toward jettisoning the no-nonsense strictures of security in order to reunite Noam and Aviva Schalit with their son Gilad.

NO PARENT of a soldier, or of a child about to enter the army, would find fault with how the Schalit family has mobilized public support for the unconditional release of over 1,000 prisoners, including the most dangerous killers incarcerated in Israel's maximum security penitentiaries, in return for their son. The Schalits have a right - nay, an obligation - to put Gilad first. Few of us can truly feel their anguish, even as Hamas refuses to confirm that their son is alive.

His torments are the last, upsetting thoughts they have before each night of fitful sleep; and they are surely the thoughts with which they arise to face yet another day of pain and uncertainty.

Gilad's parents are admirably fulfilling their role as his truest advocates. We cannot say, however, that our politicians, generals and spymasters are performing their fiduciary responsibilities equally.

The Schalits have every right to allow emotion to govern their actions. But those charged with protecting the national interest must be guided by other considerations.

AS THE cabinet meets today, the hunt is on for the Palestinians who shot dead at close range two traffic policemen Sunday night near Maswa in the Jordan Valley. David Rabinowitz, 42, and Yehezkel Ramzarker, 50, apparently stopped their patrol vehicle to assist what they thought was a motorist in distress.

Writing - before Sunday's attack - in support of an unconditional surrender to Hamas's prisoner-exchange demands, A.B. Yehoshua appealed "to the bereaved families who lost their loved ones in the terror attacks committed by some of the prisoners who may be released: Don't think only of revenge, think rather of the future of Israeli-Palestinian coexistence, which will last forever."

One might expect the Ramzarker and Rabinowitz families, as they sit shiva, to be dwelling not on revenge but on this Kafkaesque scenario: that the yet-to-be-captured killers of their loved ones will one day be released in some future, lopsided prisoner exchange.

MOST OF the men and women Hamas wants freed may not kill again directly; but these masters of the craft will mentor and inspire the next generation that will menace café-goers, bus riders, children in pizza shops, teens at Tel Aviv discos, participants in hotel Seders and motorists driving down lonely roads at night.

Untold numbers of Israeli high-schoolers yet to be conscripted may one day be called upon to undo the damage caused by the "Gilad Schalit prisoner release of 2009" - to seek out the terror chiefs again, and protect us against their evil - just as their older classmates have had to stand ready to reverse the damage of every previous asymmetrical trade, from the Jibril deal in 1985 to the Regev and Goldwasser exchange in 2008.

Granted, the terror war against the Jewish state will continue regardless of whether Israel does a prisoner deal or not. And yet setting these incarcerated exemplars of Islamist values free would doubtless provide an immense boost to enemy morale; for, paradoxically, in Palestinian mythology shahids have a "future," while those taken alive and sentenced to rot in Israeli prisons are monuments to the futility of waging war on the Zionist enterprise - provided, that is, that they are kept in those prisons, with the possibility of their release arising only when the Palestinians make real peace with the Jewish people.

WHILE THE Schalits' campaign and the Olmert-Livni government fumbles, Prime Minister-designate Binyamin Netanyahu's deafening silence is sending a message of acquiescence.

Yet however the Schalit dilemma pans out, Israel must, at the very least, consider declaring a new, irrevocable and sacrosanct policy: There will be no more lopsided prisoner exchanges with terrorist organizations.

Ehud Olmert casts blame....

Monday -- A Sunday confession


Something extraordinary happened at yesterday's cabinet meeting. Prime Minister Ehud Olmert blamed his government's failure to achieve peace with the Palestinians on … the Palestinians.

The premier has been obsessively hammering home the message that peace requires painful concessions from Israelis. He stressed it again yesterday.

"Israel," he said, "will need to make unprecedented dramatic and painful concessions in order to reach peace …"

But he also acknowledged that an accommodation requires Palestinian concessions - concessions, he bitterly reported, that they were not prepared to make.

Olmert has been working on a deal that would require practically a total withdrawal to the 1949 Armistice Lines. Most West Bank Jewish communities would be uprooted. Strategic settlement blocs - presumably Ma'aleh Adumim, Gush Etzion and Ariel, all in close proximity to the Green Line - would be annexed in return for giving the Palestinians an equal amount of land in southern Israel.

On Jerusalem, Olmert has purportedly offered to transfer to Palestinian sovereignty Arab neighborhoods that encircle Jerusalem on the east, north and south. The holy places would be administered by an international body. And a tunnel or bridge would connect the Gaza Strip and the West Bank so that "Palestine" had territorial contiguity.

Where Olmert drew a firm red line was in his demand that the Palestinians abandon the so-called right of return - meaning refugees from the 1948 war and their descendants could not "return" to Israel, only to "Palestine," so as not to demographically overwhelm the Jewish state.

With his stewardship drawing to a close, Olmert publicly declared that the failure to reach a deal was "first and foremost the result of the Palestinian leaders' weakness, lack of will and lack of courage... Everything else is excuses and attempts to divert attention from the main issue.

"We were ready to sign a peace agreement; the Palestinians, to my regret, did not have the courage to do so."

WHY SAY this now? Perhaps to ensure history does not blame Olmert for the failure of the Annapolis process.

Regrettably, Olmert also sought to commit the next government to resuming negotiations where he and Tzipi Livni left off. A smarter Israeli negotiating approach, from the get-go, would have been to caution the Palestinians that failure to reach an agreement with him might leave them having to start their talks with the incoming Netanyahu government from scratch.

But let's leave in abeyance Olmert's peculiar reticence to publicly take his interlocutors to task until now, and his attempt to hamstring his successor, and ask: Why didn't the Palestinians jump at the generous deal Olmert was offering?

Nabil Abu Rudeineh, a Palestinian negotiator, responded to Olmert's cabinet statement by saying that the real reason the talks failed is that Israel did not give the Palestinians everything they demanded. Plain and simple. This may be accurate - but it also means that even the most moderate Palestinians are not prepared to make the basic compromises necessary for a breakthrough.

Many mainstream Israelis might have had a very hard time going along with Olmert's concessions. Yet the thought that relatively moderate Palestinians judge even these far-reaching compromises insufficient leaves those of us who support a two-state solution disenchanted.

There are other possible reasons, beyond the one offered by Abu Rudeineh, as to why Abbas rejected Olmert's peace offer:

• The Palestinians may not be interested in a deal if the price is giving up the "right of return" and/or leaving Israel with defensible boundaries. The implication: Even moderate Palestinians still want to destroy Israel, albeit in stages.

• Abbas never prepared his people for the idea that they, too, would have to make painful concessions for peace. Implication: Either Abbas doesn't think he can sway Palestinian opinion or he thinks accepting Israel's "existence" is concession enough.

• No deal is possible while Iran casts a shadow of rejectionism over the region, Hamas rules in Gaza and Hizbullah is ascendant in Lebanon.

• Moderate Palestinians expect the Obama administration to force Israel into making concessions even Olmert thinks are too dangerous.

Whatever the reason, the outcome - Palestinian intransigence - was all too sadly predictable.

E V I L

Friday - Evil's insidious nature

Yesterday in Manhattan, United States District Judge Denny Chin accepted Bernard Madoff's guilty plea on 11 felony charges: securities fraud, investment adviser fraud, mail fraud, wire fraud, three counts of money laundering, false statements, perjury, false filings with the US Securities and Exchange Commission, and theft from an employee benefits plan. There was no plea bargain. He faces 150 years in prison.

• On Wednesday, in the southern German town of Winneden, 17-year-old Tim Kretschmer went on a three-hour rampage that took him from his old high school to the center of a nearby town, leaving a trail of 15 dead, mostly women and girls. Cornered by police, Kretschmer committed suicide. German Chancellor Angela Merkel described the slaughter as "incomprehensible."

• Also in Germany, prosecutors have charged retired Ohio auto worker John Demjanjuk with more than 29,000 counts of accessory to murder for his actions at the Sobibor death camp. To face justice, however, the 88-year-old will have to be extradited from US.

• "If you had met him two days ago, you would have thought he was an average 28-year-old young man," said an acquaintance of Michael McLendon, who went berserk and killed his mother and nine others in southern Alabama, just hours before Kretschmer's rampage across the ocean.

Wherever one looks, evil - in various guises - is present: From Ireland, where Catholic extremists are killing again; to Mexico, where more than 6,000 people were slaughtered last year in the drug war; to Somalia, where pirates rule the seacoast; to Equador, which is on the road to becoming a partly-owned subsidiary of Iran in return in for power plants and hundreds of millions of dollars in loans. Move on to Iraq, where a suicide bomber killed 33 tribal leaders who were on a reconciliation walk through a market.

Closer to home, an elderly Afula couple, he a cancer-ridden Holocaust survivor, she infirm, were this week viciously beaten in their apartment by robbers.

EVIL. The term must not be bandied about lightly or irresponsibly. Yet the real thing needs to be recognized and faced down, and not merely relegated to the fields of forensic psychiatry, philosophy or theology. Because evil is so insidious, it has a way of manipulating even that which is pure to serve its nefarious ends. Thus policymakers, and the informed public, need to be alert to its presence.

Take how Hamas, whose genocidal intentions toward the Jewish state make it evil, is benefiting from the pressure campaign being waged (legitimately and understandably) by the Schalit family and (less altruistically) by much of the local media and various politicians, some of them transparently self-serving. As a consequence, perhaps, Ofer Dekel, the prime minister's aide charged with negotiating Gilad's freedom, has reportedly proposed releasing 210 of the terrorists "with blood on their hands" that Hamas is demanding. As far as we know, the "worst of the worst" have not been included - yet.

Gilad's desperately anguished parents, Noam and Aviva, who have set up a protest tent near the prime minister's residence, fear that the next government's negotiating position will be less malleable than Olmert's. They and their supporters have intensified pressure on Olmert to unconditionally free each and every terrorist on Hamas's wish list. President Shimon Peres and even Aliza Olmert have given Gilad's parents succor.

Across the street, another protest tent had folded up for lack of interest.

"We came to Jerusalem to let our voices be heard," said Ron Karman, whose 17-year-old daughter, Tal, was one of 17 fatalities of the March 5, 2003 bombing of Egged bus No. 37 in Haifa. "When we were sitting shiva, the politicians made all sorts of promises. They said their doors would always be open to us. We found those doors [of politicians and the media] closed."

Karman was joined by Yossi Mandelevich, whose boy, Yuval, 13, was on the same bus; and by Yossi Zur, whose son, Asaf, 17, was also killed there. The fathers said that they opposed the release of prisoners with blood on their hands - for the sake of other people's children.

In the waning days of the Olmert government, there is a very real danger that an emotionally co-opted public will, with the purest of intentions, pressure a discredited premier to hand evil another appetite-whetting victory.

Yesh Din

Wed. & Thursday - Israel's latest crime


To the ever-lengthening litany of Israeli wickedness - crimes against humanity, war crimes, occupation, genocide - add quarry pillaging. So says Yesh Din, a group of "volunteers who have organized to oppose the continuing violation of Palestinian human rights in the Occupied Palestinian Territory." Yesh Din says that as part of its "brutal economic exploitation" of the Palestinians, Israel has been stealing their rocks.

Much of the gravel Israel quarries for marble kitchen counters and such comes from the West Bank. "This type of activity," Yesh Din asserts, "constitutes a violation of the laws of belligerent occupation [and is] pillage."

Yesh Din wants Israel's Supreme Court to enjoin companies from transporting rocks across the Green Line because, bereft of rocks, Palestinians would find it impossible to build a state. Or, in the words of the front-page headline in Sunday's International Herald Tribune: "West Bank losing land to Israel, rock by rock."

IN FACT, the West Bank is disputed: When the Palestinians rejected the two-state solution in 1948, Jordan annexed the area. In 1967, Israel repelled a Jordanian attack and captured the territory.

The 1949 Geneva Convention - the basis for claims that Israel is violating international law - applies in cases of armed conflict between signatories to the convention. While Jordan and Israel are signatories, virtually no state recognized Jordan's annexation of the West Bank. Hence the area was and remains in legal limbo.

While Israel, de facto, adheres to the humanitarian provisions of the Geneva Convention, it has a right to quarry in the contested territory. No one suggests the quarries have been illegally confiscated or are private property.

It's legitimate to call attention to the environmental impact of quarrying or the depletion of natural resources. The territory between the Mediterranean and the Jordan, encompassing Israel proper and the West Bank, is one integral unit. What happens in the mountainous interior affects the coastal plain, and vice versa. The New York Times recently reported that Israel is heading toward a "serious shortage of raw building materials," noting that West Bank quarries supply 25 percent of the sand and gravel we use.

Perhaps our regulatory authorities need to do a better job of monitoring the environmental impact and economic consequences of quarrying in Judea and Samaria. But these issues are not Yesh Din's primary concern.

THE GROUP, founded just four years ago, is the recipient of considerable largesse. Funds flow, legitimately, from The New Israel Fund, Oxfam, Hermod Lannungs Fund, Jacobs Charitable Trust, The Marc Rich Foundation and the Naomi and Nehemiah Cohen Foundation. It is also supported by the powerful Israeli law firm of Yigal Arnon.

But it's the money Yesh Din gets from foreign governments that's troubling. The European Commission, the Netherlands, Germany, Ireland and the UK all want Israel out of the West Bank. We suspect they give Yesh Din money because its work helps delegitimize Israel's presence there.

Unfortunately, Israel lacks anything like America's "Foreign Agents Registration Act," which requires persons to disclose if they are "acting as agents of foreign principals in a political or quasi-political capacity."

Yesh Din's volunteers and individual contributors are doubtless sincere about promoting human rights; but this is one of several organizations funded by foreign governments that work against the interests of Israel's mainstream by chipping away at any Jewish claims beyond the 1949 Armistice Lines.

Israel's security concerns - for instance, how to prevent the West Bank from becoming a Kassam launching-pad against the Jewish state's main population centers - do not interest Yesh Din; nor does the threat of terrorist infiltration.

Not even Palestinian political intransigence, reflected in the unwillingness of relative moderates like Mahmoud Abbas to meet half-way willing Israeli partners - Yitzhak Rabin in 1993, Ehud Barak in 2000 and Ehud Olmert in 2008 - has relevance for Yesh Din: The group and the foreign governments that fund it want Israel out of the West Bank. Period.

Thus, while "promoting human rights," an organization subsidized by foreign powers encourages Palestinian negotiators to hang tough while it lobbies their interests.

Clearly, casting an avalanche of criticism at Israel's "violations of international law" is easier for Yesh Din than plumbing the ethics of its dependency on foreign powers.

It's Purim all over ...but, Jerusalem Celebrates Purim on Wed

Tuesday - Too good to be true


The deluge of good news, on a variety of fronts - coinciding with this year's Purim festival - demands we pause from our usual dreary agenda to offer praise where it is due.

To Attorney-General Menahem Mazuz, for acknowledging that he had no good reason for dragging out the indictment of former president Moshe Katsav. "I have issues with procrastination," he noted, "but this time I think I really am ready."

To former Supreme Court president Aharon Barak, who admitted that "Judges should not dominate the process of selecting judges. We need a system with checks and balances," he told the Bar Association.

Law and order was further boosted when Israel's crime syndicate - moetzet gedolei ha'avaryanim - declared its constituents would no longer engage in human trafficking, extortion or the drug trade. A top mobster confessed: "We have become nothing more than Hebrew-speaking thugs. Enough!"

THE Finance Ministry deserves our esteem for promising it would pull out all stops to fast-track completion of the express rail line linking Tel Aviv to Jerusalem, making it operational by 2012.

El Al lifted spirits by announcing it would not follow Ryanair's lead of making passengers pay for the right to relieve themselves on flights. "It's clever of them to offer free bottled water while charging for the use of the toilets, but we intend to focus on long-term customer loyalty by giving economy class passengers 15 percent more leg room," said spokesman Matos Avir.

Editors of the British newspapers The Guardian, The Times and The Daily Telegraph made encouraging headlines by jointly pledging to take a more balanced stance in their coverage of Israel and leave the task of delegitimizing the Jewish state primarily to The Independent. In a related praiseworthy development, the ombudsman at the International Herald Tribune admitted that using a photograph of Arab women marching past the ruins of a bombed building in the Gaza Strip as the paper's lead photo on International Women's Day was "tendentious."

Kol Hamusika, Israel's classical station, struck a positive note by promising to play music listeners might enjoy instead of the atonal post-modern din which dominates its playlist.

We're impressed, too, that Pulitzer Prize-winning author Alice Walker decided to forgo a trip to the Gaza Strip and focus attention instead on genocide in the Sudan. "Sure I could jump on the anti-Israel bandwagon," she said. "But Palestinians capture a disproportionate amount of press attention, which detracts from far more pressing issues."

SPAIN is to be congratulated for repealing a law allowing its courts to apply "universal jurisdiction" to harass Israeli security personnel involved in the 2002 liquidation of Hamas terrorist Salah Shehadeh. A Spanish legal scholar explained: "We just felt that with our history of inquisitions and persecution and false neutrality during the Holocaust, we really had no moral standing to denounce Israelis for defending themselves."

The organizers of the UN Conference on Racism (Durban II) deserve appreciation for cancelling the event because "the enterprise had devolved into a frenzy of non-governmental Jew-hatred."

HERE AT home, we are delighted by the IDF's announcement that, for the first time in decades, the West Bank will not be sealed off from Israel proper over the Purim holiday. With the notion of Palestinian Arabs blowing up buses or threatening children's Purim parades now fantastical, the need for closures is, thankfully, obviated.

India is to be commended for its pledge of $5 million to help rebuild Sderot, matching its $5 million for similar reconstruction in Gaza. To the Palestinian Authority's credit, it has rejected the cash, saying it couldn't account for billions of dollars in previously donated international contributions. "What we really need," said Mahmoud Abbas, "is not more money but a trusteeship for Palestine to help us create a culture of tolerance and respect for minority rights."

But the ultimate praise goes to Iran, which now admits that it has been working on an atom bomb, but has decided to stop as a result of a vision which came to Ayatollah Khamenei. "The Prophet sent an angel to tell me that God wanted the Children of Abraham to work out our differences amicably," he told a delirious throng in Teheran's Revolution Square.

Delirious indeed.