Is "international law" out to "get" Israel?

Wed - Dickens' law

What a busy time it's been for those who exploit international law to gang up on Israel. Let us count the ways.

Starting with yesterday's UN report compiled by Ian Martin on that incident during Operation Cast Lead at the UNRWA compound in Jabaliya, the one that generated mendacious headlines like "Israeli shelling kills dozens at UN school in Gaza."

In fact, no one sheltering at the school was killed - but about a dozen Palestinians nearby (including gunmen) were when Israel retaliated to Hamas's shelling. While Martin pointedly refused to incorporate the IDF's side in drafting his report, UN Secretary-General Ban Ki-moon promised his cover note to the Security Council will provide some of the missing details and extenuating circumstances.

Don't go confusing Martin with Richard Goldstone's commission, which will be also be investigating the Gaza war. And don't confuse Goldstone with Richard A. Falk's "investigation" for the UN's Human Rights Council.

All this is in addition to the routine "docketing" of Israel at the UN Committee Against Torture in Geneva, partly instigated by Israel-based advocacy groups, some of which receive funding from the New Israel Fund and foreign powers. The committee's chair is Claudio Grossman, a Chilean national whose connection to the NIF figures is no secret.

If that wasn't enough, there is the Spanish legal system's persecution of top Israeli officials for the 2002 operation that liquidated Salah Shehadeh. Tragically, 14 civilians also lost their lives. But unintended civilian deaths in warfare are not unheard of. Shehadeh supervised dozens of terrorist attacks, killing or wounding hundreds of Israelis. The "universal jurisdiction" claimed by Spain and other countries - even where neither the "perpetrator" nor the "victim" has anything to do with them - verily turns the law into an ass.

Let's not forget the Durban II farce starring Mahmoud Ahmadinejad, or that it was ostensibly organized as a UN-sponsored "anti-racism" conference.

Finally, there's the unrelenting abuse of international law at every single UN body - except the essentially defunct Trusteeship Council.

WHY this obscenely inordinate investment of time, money and personnel in bashing us?

Because an odd coalition - of progressives and reactionaries - finds itself united in the aim of forcing Israel out of the West Bank, and international law is a potent weapon in their arsenal.

The progressives see Israel as "occupying" only the West Bank and Gaza (though Israel pulled out of there in 2005), while the reactionaries see the "occupation" as extending over all of "Palestine," and Israel's establishment as an inexpugnable sin. This "human rights coalition" is united in the belief that the end - forcing Israel out of the West Bank - justifies the means: exploiting and distorting international law.

That's why it has been made virtually "illegal" for Israel to defend itself. An "occupier" doesn't deserve that right.

The progressives' demand for a West Bank withdrawal is hardly tempered by concern for realities on the ground. Didn't Ehud Olmert offer just about the entire West Bank to Mahmoud Abbas? Hasn't every Israeli leader since Yitzhak Rabin made clear that Israel has no interest in ruling the Palestinians?

If the international community wanted to be part of the solution, rather than the problem, it would tell the Palestinians to stop hiding behind a perverted international law and start negotiating with Israel in earnest.

As for Spain, it's patently obvious that politicians in that country could have intervened to limit the scope of "universal jurisdiction." Their repeated failure to do so speaks volumes. Spanish diplomats and Spanish EU functionaries ought not to be astonished when Israelis show little faith in them as honest brokers.

Are we claiming that Israel - uniquely among nations - never commits human rights violations? Of course not. We are saying that the unprecedented manipulation of international law and global legal institutions to isolate and delegitimize the Jewish state is simply not fair. Moreover, it has the unintended consequence of ripping asunder the fabric of international law and morality.

For the Organization of the Islamic Conference and the Arab League this may not matter much, but shouldn't it matter a great deal to those who embrace Western values?

Iran or the Palestinians -- which should come first?

...but first two announcements.
1. Happy Birthday Jelly!!
2. Shmuel Katz haskara postponed. Details to follow
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Switching the subject


The president of Pakistan, Asif Ali Zardari, will be in Washington this week to reassure President Barack Obama that, contrary to appearances, his nuclear-armed country isn't really unraveling. The Pakistani army is killing increasing numbers of "militants" and there is no real danger of a creeping Taliban takeover, Zardari will assert.

Secretary of Defense Robert Gates, perhaps sitting in on the meeting, might opine that putting too much pressure on the Pakistani army to crush the Islamists could destroy the country's "nascent democracy."

Indeed, Adm. Mike Mullen, chairman of the US Joint Chiefs of Staff, told The Washington Post's David Ignatius: "My experience is that knocking [the Pakistani government and military] hard isn't going to work. The harder we push, the further away they get."

For the Taliban to be defeated, Mullen argues, the Pakistanis have to see their interests in the struggle. Of course, as Mullen well knows, there are elements in Pakistan's intelligence community that even today provide support to the Taliban.

At this point, neither Mullen nor Gates knows where all of Pakistan's nuclear sites are located. That's awkward considering that the Bush administration invested $100 million into helping Islamabad protect these nukes from falling into the hands of Muslim extremists. No one knows where the money really went.

Crisis or not, Pakistan continues to produce weapons-grade plutonium.

CLEARLY, Pakistan-Afghanistan presents American decision-makers with a conundrum.

Israelis could, perhaps, commiserate if the Americans threw up their hands and said: "Sorry, we just can't deal with an Iranian bomb because Pakistan is unraveling, Afghanistan looks set to again become a base for al-Qaida attacks on the West and, to boot, the prognosis in Iraq looks even worse than we thought."

But that's not what Washington is saying.

What they may be saying is, "Better a bomb than a bombing," as an Israel Television news report claimed Sunday, citing unnamed European and Israeli sources - meaning the administration has become reconciled to a nuclear-armed Iran.

If true, that would go counter to everything the administration is saying publicly, and every solemn personal commitment Barack Obama has made.

At the same time, the Iranians are talking straight about their plans. Following a report in the French magazine L'Express that the Israel Air Force staged exercises near Gibraltar, training for a possible attack on Iran, Maj.-Gen. Hassan Firouzabadi, the Iranian chief of staff, announced that he needs just 11 days to "destroy" Israel. Analysts here are still scratching their heads over the significance of the 11-day figure.

ADMINISTRATION officials are reportedly insinuating that the US will only act - in some unspecified fashion - on Iran if Washington can muster an alliance of European and Arab countries. For that to happen, as The New York Times put it Monday, Israel - if it wants the world to "confront" Iran - needs to "work toward" an end to the "occupation," halt settlement construction and foster the creation of a Palestinian state.

If this truly is Obama's position, frankly, we don't get it. Does America really feel hamstrung in "confronting" Iran without Arab and European support? Aren't the Arabs privately - and insistently - telling American envoys that they are as worried about Iran as Israel is?

Moreover, if, for argument's sake, Israel tomorrow - in the depths of existential despair - pulled back to the 1949 Armistice Lines, abruptly ending the "occupation" and uprooting every "settlement," does anyone this side of la-la land think such a withdrawal would constrain Iranian imperialism? Encourage Teheran to end its quest for nuclear weapons? Satiate Palestinian demands?

Israel isn't arbitrarily trying to "switch" the discussion away from the Palestinians to Iran. It is warning that a nuclear-armed Iran is the overriding threat - to Israel, the Arabs and the West. We are saying that the reason there is no Palestinian state is principally attributable to the intransigent, unrealistic and self-defeating Palestinian negotiating position which, if anything, will become less malleable should the mullahs get the bomb. Iran's proxies, Hamas and Hizbullah, would become even more puffed-up.

Someone is trying to "switch the subject" all right - but it isn't Israel.

Israel's Next Ambassador to the United States

SAVE THE DATE -- SHMUEL KATZ

May 31
Sunday
Shmuel Katz hazkara
The Begin Center
6:30 PM
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Monday - Our man in Washington


On Monday, August 21, 1995, a Hamas suicide bomber blew up the No. 26 bus in the northern Jerusalem neighborhood of Ramat Eshkol. Among the dead was Joan Davenny, a Connecticut schoolteacher here on sabbatical.

Some thought of her as soon as the news broke that Michael Oren was about to be appointed Israel's ambassador to the United States. For Joan's sister, Sally, is Michael's wife. This is a small country, and Oren is one of us - in every way.

Our new man in Washington, who will be giving up his American citizenship to take the job, made aliya at 15 from New Jersey. After serving in the paratroops, Oren returned to the US to take degrees from Columbia and Princeton universities. A senior fellow at The Shalem Center, Oren is a best-selling historian whose books include Six Days of War: June 1967, The Making of the Modern Middle East and, most recently, Power, Faith, and Fantasy: America in the Middle East, 1776 to the Present. He's also an accomplished polemicist with scores op-eds and television appearances to his credit.

As recently as Operation Cast Lead, Oren voluntarily donned his army uniform to work in the IDF Spokesman's office. He has diplomatic experience too, having served in Israel's UN Mission.

Prime Minister Binyamin Netanyahu and Foreign Minister Avigdor Lieberman jointly made the selection, which will take effect in time for Oren to accompany the premier to Washington for his May 18 meeting with President Barack Obama.

THE Washington ambassadorial job is arguably Israel's most important diplomatic posting.

Naturally, it entails representing our government. But it also requires the ambassador to ensure that the prime minister understands which way the wind is blowing at the White House, Foggy Bottom and on Capitol Hill. Moreover, the ambassador is the face of Israel to the American people.

Even in an era when Obama can Blackberry and Netanyahu can Twitter, a flesh-and-blood ambassador - one with a reputation of enjoying the complete trust of his prime minister - is an essential conduit. Though it behooves Oren to remain in Lieberman's good graces, his number one client is Netanyahu. Hawk or a dove, or the epitome of an independent thinker, Oren must now put loyalty to Netanyahu above any personal or political consideration.

There's a sense among some in the US pro-Israel community that while Oren is a fine appointee in terms of public diplomacy and hasbara, he still needs to master the art of the "Washington insider" - someone who can work behind the scenes to enable American decision-makers to understand what Netanyahu wants, and why.

Here, Oren could take a leaf from David Ivri, the air force commander who oversaw the 1981 Osirak raid and became our ambassador at the beginning of the second intifada. Ivri kept a low media profile, but achieved much behind the scenes.

Plainly, the Obama administration will not be spun or won over by Oren's rhetoric. With them, he will need to speak authoritatively for a premier who, we trust, will have a clear agenda - foremost on Iran and the Palestinians.

Still, Oren's appointment is heartening for a pro-Israel community that has at times in the past seen the posts of ambassador to Washington, the UN, and consul-general in New York go to individuals who, whatever their talents, do not excel in the media. Clearly, Israel needs articulate and knowledgeable diplomats like Oren, capable of bolstering those in the US who care about Israel.

Here at last is a figure at ease on the public stage, someone who knows what he's talking about and can speak to Americans in their own language.

We at The Jerusalem Post take pride in the appointment of a fellow Anglo, a reconfirmation of what immigrants can achieve in Israel. For in Oren we have an American who came here, served in an elite unit, and then worked tirelessly to improve the way the world understands our country and the region.

However, an ambassador, no matter how eloquent or well-connected, cannot be compelling if the policies at the top are jumbled or lack resonance. Oren will be at his most effective if Netanyahu can articulate a foreign and security policy that is coherent and sensible.

Barack Obama's first 100 days - part two

SAVE THE DATE -- SHMUEL KATZ

May 31
Sunday
Shmuel Katz hazkara
The Begin Center
6:30 PM
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Waiting for Netanyahu

President Barack Obama held a prime-time news conference Wednesday to mark his first 100 days in office. The potential flu pandemic was topic number one. Next came the economic crisis, with worries about the security of Pakistan's nuclear arsenal a close third.

The Palestinian-Israeli conflict went unmentioned.

Next week, however, expect Israel to be in the Washington limelight. The 2009 AIPAC Policy Conference kicks off on Sunday with speeches by leading US politicians and Christian religious leaders. President Shimon Peres is scheduled to talk on Monday morning, and Prime Minister Binyamin Netanyahu will deliver his banquet address Monday evening, via satellite.

Following his AIPAC speech, Peres will head to the White House for a meeting with Obama. Their conversation will focus on Iran's pursuit of nuclear weapons - another topic which got nary a mention during the news conference.

This is an international problem, not Israel's alone, Peres will say. In an Independence Day interview with Channel 10, our president mused about a coalition nuclear umbrella which signals the mullahs: "If you use a nuclear weapon - no matter against whom - you'll get a nuclear response."

A better plan is to give them every reason not to build a bomb in the first place, and if necessary to ensure that they do not.

We hope Peres tells Obama that while Jerusalem can appreciate Washington's reluctance to broadcast a timetable for giving up on trying to talk the Teheran extremists out of building a bomb, there is, in fact, very little time left.

NETANYAHU is booked to travel to Washington for an all-important May 18 White House meeting. There, he will present Obama with his plan on how to re-float talks with the Palestinian Authority in the wake of Mahmoud Abbas's rejection of Ehud Olmert's late 2008 peace offer.

Our premier will likely also come away from that meeting with a realistic appraisal of whether Obama will make good on his campaign promise to "use all elements of American power" and do everything to "prevent Iran from obtaining a nuclear weapon."

Meanwhile, Foreign Minister Avigdor Lieberman is to travel to Italy, Germany, France and the Czech Republic next week to talk about Iran and the Palestinians. The EU's External Affairs Commissioner, Benita Ferrero-Waldner, has been pushing for a freeze on upgrading relations between the EU and Israel because... the Palestinians asked her to. She seems considerably less engaged over Iran's quest for an atom bomb.

Lieberman's task will be to urge more open-minded European leaders to await the outcome of Netanyahu's White House meeting and to accept that the current approach to Palestinian-Israeli peace negotiations needs revamping.

Israel would like America and Europe to internalize that defanging Iran, while not a precondition to progress on negotiations with the Palestinians - or with Syria, for that matter - is an essential gateway. Also that flirting with an unreformed Hamas is a dead end if the destination is a two-state solution.

Pressuring Israel, a la Ferrero-Waldner, or making insinuations about an imposed solution, serve only to harden the already unreasonable expectations within the Palestinian polity. Thus is the conflict perpetuated.

THE PLAN Netanyahu will be taking to the White House next month needs to offer a sensible way forward on the Palestinian track, even if truly substantive progress may be difficult until the Iranian crisis is contained.

He will garner the support of Israel's majority - and of the pro-Israel community worldwide - if he broadly enunciates the country's "red lines" on defensible boundaries, strategic settlement blocs, the parameters of Palestinian sovereignty in the West Bank and Gaza, the issue of Jerusalem and Arab refugees.

Furthermore, his government's credibility would be immeasurably enhanced by the dismantling of unauthorized settlement outposts, demonstrating that the West Bank is not the Wild West. The Palestinians have just shown how "law" works in the territory under their jurisdiction: On Wednesday, a Hebron court sentenced a man to be hanged for selling a parcel of land to a Jew.

Though Fatah and Hamas continue squabbling, they agree on two things: a rejection of Israel as a Jewish state, and a refusal to share this land with non-Muslims.

If any plan presented by Netanyahu to Obama is going to matter, those attitudes have to change.

SAVE THE DATE -- SHMUEL KATZ

May 31
Sunday
Shmuel Katz hazkara
The Begin Center
6:30 PM