Here come the judge...here come the judge...

For consensual judges


Israelis, like most Americans and Brits, wouldn't recognize a Supreme Court justice or Law Lord if they tripped over him in the supermarket. Even Sonia Sotomayor, recently nominated by President Barack Obama to the US Supreme Court, is not a familiar face to Americans. With a few notable exceptions, the justices of our Supreme Court are equally anonymous.

How many of us can conjure up the images of justices Salim Joubran, Hanan Meltzer or Asher Dan Grunis? Yet these mostly faceless jurists have profound influence over our lives.

Israel's court has both appellate and original jurisdiction, depending on how the justices constitute themselves. To date, the body has been comprised of mostly (though not exclusively) like-minded types: liberal ex-judges who subscribe to a philosophy of judicial activism, and in all likelihood attended the same law school.

The justices have been more than just a homogeneous bunch; they've practically replicated themselves. That's why when the name of distinguished legal scholar Ruth Gavison was floated for a possible Supreme Court vacancy, it was immediately shot down on the grounds that she wouldn't fit in.

Israel's system for selecting judges is even more viscerally partisan than America's. Nominees do not go before a Knesset committee for vetting and confirmation. Instead, they are chosen by the Judges Selection Committee.

Now though, that committee's membership has been re-jigged to accommodate the wishes of the current government and Knesset; its traditionally liberal-leaning make-up has been dramatically diluted with the appointments of MK Uri Ariel (National Union), David Rotem (Israel Beiteinu) and Gilad Erdan (Likud). Also on the committee are: Chief Justice Dorit Beinisch and her two colleagues Ayala Procaccia and Edmond Levy. The chair is veteran legal powerhouse and Justice Minister Yaakov Neeman. Rounding out the membership are Pinhas Marinsky and Rachel Ben-Ari of the Israel Bar Association.

It may seem odd that the largest and most cohesive bloc on a committee to select judges is comprised of already sitting judges; but until now, these jurists have been in a position to veto some candidates and push through others they favored. It may be more difficult to do so now.

THIS DILUTION in the selection committee's ideological bent - Ariel, from the most narrow right-wing party in the Knesset, is a strident supporter of unauthorized settlement outposts - troubles centrist Zionists as well as liberals. He defeated Kadima's Ronnie Bar-On for the prestigious appointment. Liberals are chagrined that a member of the largest Knesset faction (Kadima) wasn't chosen in line with recent practice - though this happened in only three of our 18 Knessets.

In Israel's fractious polity, where the legislature commonly shirks its responsibilities in such areas as civil liberties and providing necessary legal protections for the Palestinian Arabs of Judea and Samaria, their enforcement has fallen to the Supreme Court - which has occasionally gone too far.

The court is now being asked to decide whether building may go ahead on 24 homes in the settlement of Halamish. Another panel will hear petitions against the Tal Law, which provides army and national service deferments for ultra-Orthodox youths. At stake is whether the law should be repealed on the grounds that it is ineffective since so few haredim serve.

Beyond the question of the ideological leanings of the new judges the selection committee will send to the court is their philosophy. Will they be interventionist? Will they narrowly apply Israel's constitution-in-the-making, or interpret it broadly by giving existing statutes creative interpretations that move society in a more progressive direction?

IT IS not unreasonable for the committee to better reflect the gamut of views in our hyper-pluralist society. Otherwise the legitimacy of the court's decisions will continue to be challenged by broad sectors of the population - something that undermines the stability of the political system.

Still, we strongly urge the newly composed selection committee to seek out consensual candidates on the basis not of ideology, but wisdom and judicial temperament. We need jurists who are not tied to a judicial philosophy - activism or restraint - or, myopically, to political dogma, but judges who will protect civil liberties and human rights while anchoring their decisions in reasoning that fair-minded citizens can subscribe to.

Europeans elect a new parliament -- What it means for Israel

Europe votes


Israelis tend to look straight past nearby Europe as we cast our eyes pensively toward Washington. For obvious reasons, we're apt to worry more about whether Barack Obama loves us than whether European Commission President José Manuel Barroso does.

Yet, as Prof. Sharon Pardo of Ben-Gurion University reminds us, Israel is situated not along the Atlantic, but the Mediterranean coast, making Europe "our immediate and natural ally."

So when Europeans elect a new parliament, as they did on Sunday, it behooves Israelis to take notice, not because the new legislature will be more sympathetic toward us - it won't - but because our relations with Europe are supremely important: Most of what we import comes from Europe, and that's where most of what we export goes.

THE CONTINENT finds itself in a malaise. The worldwide economic downturn hit it even harder than America. National and ethnic chauvinism is on the rise. The hope that the 27 EU countries, combined population 491 million, would by now be a single supra-national entity has been bitterly dashed. Indeed, as The New York Times reported recently, many Europeans think that when it comes to the economy, the EU is part of the problem, not the solution.

Only 43 percent of 375 million eligible voters participated in the parliamentary elections, compared to 62% in 1979. Parties that say the EU is on the wrong path, or more trouble than it's worth, gained while those affiliated with Britain's beleaguered Labor Party, Germany's Social Democrats and France's Socialist Party did poorly.

The new EU parliament will have 736 members, the single largest bloc staying with the European People's Party (264). The EPP is center-right: pro-EU (unlike the Euro-skeptical British Tories) and pro-free market.

Lamentably, on Israel, the EPP holds to the dominant "pro-Israel" European line which, in practice, shows little empathy for this country's unique security predicament. While the EPP embraces the Quartet's position on negotiations with Hamas, it still wants Israel to lift an embargo which limits the type of goods that can enter the Strip.

The election also sent a number of far-Right and anti-immigrant parties to parliament, some of them anti-Jewish. The British National Party won two seats. Jobbik - the Movement for a Better Hungary, a self-described "radically patriotic Christian party," won one or two seats.

Not all the fringe parties are anti-Israel. In the Netherlands, Geert Wilders, whose Freedom Party is stridently opposed to continued Muslim immigration, is actually staunchly pro-Israel.

ISRAEL'S critics in the EU are working diligently to torpedo trade relations with us. They are trying to engineer boycotts against Israeli fruit, vegetables and olive oil, on the dubious grounds that these goods are produced by settlers on "occupied Palestinian land." If successful, the critics will be pushing for broader economic, scientific and cultural sanctions to force Israel back to the hard-to-defend 1949 Armistice Lines. To be fair, some honestly believe that doing so will help Israel and bring peace.

Out of an annual EU Commission budget of 120 billion euros, hundreds of millions flow to Palestinian projects. Needless to say, no one contemplates using this leverage to encourage a less intransigent negotiating position on the part of Mahmoud Abbas. Yet significant monies are also directed to Israel-based advocacy groups working to make Israeli policies more compliant.

Israel's relationship with the EU is governed by an Association agreement, but progress on renewing and upgrading relations has come to a halt in order to pressure the Netanyahu government. The EU is also displeased with how Israel battled Hamas in Gaza. The EU supports Israel's right to protect its civilians - so long as this can be done without jeopardizing Palestinian civilians.

THIS WEEK'S EU elections portend no policy shifts on Israel, but they do remind us that as important as ties are, we no longer share the same values. The ethos of the EU is for solving conflicts through negotiations and for the free movement of persons. Though key EU officials are intimately familiar with our security situation, they profess not to be able to fathom why a template that works so well in Europe is unfeasible here - to put it mildly.

Lebanon's election results as seen from Jerusalem

No joy for Lebanon


Dancing in the streets, chanting "ya'ala Hariri" and discharging weapons into Beirut's night sky, the Sunni-led (nominally) pro-Western "March 14 Coalition" celebrated its victory Sunday over the pro-Hizbullah, pro-Syria and pro-Iran "March 8 Coalition."

Sa'ad Hariri's Sunni-led alliance captured 71 of parliament's 128 seats, versus 57 for the Hizbullah-led grouping. Voter participation was high at 55 percent. Both sides spent huge sums to purchase support and fly in expatriates to bolster their numbers.

It is good that Hizbullah did not achieve a better outcome. Yet Israelis would be deluding themselves if they viewed the results as a substantive defeat for the Islamists.

The harsh reality, the latest election results notwithstanding, is that Lebanon's radicalized Shi'ites are growing stronger and will need to be accommodated by the "victorious" forces of relative moderation.

No official census has been taken in Lebanon for decades. But the working assumption is that Shi'ites comprises 50% of the population; Sunnis 18%; Christians 15%; and Druse 17%. Nevertheless, elections in Lebanon are a set piece - a guaranteed 50:50 split between Christians and Muslims. This adheres to the 1943 National Pact, modified by the 1989 Taif Accord. Christians and Muslims then further divide the electoral results along confessional sub-groupings.

Election districts are gerrymandered. A given ward might be authorized to send, say, two Druse and one Sunni representative to the legislature. Everyone, regardless of religious affiliation, has the right to select from among the competing Druse and Sunni candidates. In other words, a Sunni running for a "Sunni seat" could still be aligned with Hizbullah.

Both sides understand that regardless of the results, Lebanon is in for more of the same. After his electoral achievement became clear, Hariri declared: "There are no winners or losers in these elections; the only winner is democracy in Lebanon."

Hizbullah's Hassan Fadlallah readily agreed about no winners or losers, saying: "Whoever wants political stability, the preservation of national unity and the resurrection of Lebanon will find no choice but to accept the principle of consensus." He meant: Hizbullah's consent.

Walid Jumblatt, the Druse leader ostensibly aligned with Hariri, said Hizbullah should be included in the next government. Before the results were in, he told a meeting of Druse elders: "The Shi'ite reality has imposed itself" via demography, money, ties with Iran, and the support of the wealthy Lebanese Shi'ite diaspora in Africa. Lebanon's future, Jumblatt was saying, is Shi'ite; the Druse struggling to survive will have to adjust accordingly.

That said, the Hariri forces will still have the most influence over the composition of the next government. Prior to the election, Hariri said he was not disposed to form a government with Hizbullah. Whatever the case, as a price for its support, Hizbullah will demand that Lebanon stop cooperating with the international tribunal investigating (already fingering, some reports say) Hizbullah's role in the assassination of Hariri's father, Rafik.

For this reason, Sa'ad Hariri may opt not to become premier, citing "national unity."

IT GOES without saying that Shi'ite leaders will not honor their pledge to view the election as a referendum on continued "resistance" against Israel.

Indeed, one may deduce that Hassan Nasrallah's fingerprints are all over yesterday's infiltration attempt from the northern Gaza Strip into Israel. The Hizbullah chief instigates attacks that are not easily traceable back to him, so as not to complicate the delicate political situation inside Lebanon.

On the other hand, in the unlikely event that Nasrallah should lash out openly against Israel out of frustration over his electoral setback, Lebanese factions should know that the Land of the Cedars will be held responsible for any aggression emanating from its territory.

So long as the West continues to kowtow to Iran, its Hizbullah proxy will continue to hold sway over events in Lebanon. Hizbullah will continue to field the country's strongest army and smuggle in weapons from Iran and Syria. It will bide its time; buy up more land; engage in more narco-terrorism; counterfeit more currency, and wait for demographics to determine Lebanon's fate.

Can Lebanon's fate yet be salvaged? Only if the West is prepared to do the heavy lifting required to block Teheran's drive for regional hegemony, and enforce UN Security Council resolutions 1559 and 1701 to stem weapons smuggling into Lebanon.

Don't know much about history...

Why Obama is wrong on Israel & the Shoah

On Friday, President Barack Obama placed a single white flower at the Buchenwald memorial for the estimated 43,000 people - among them 11,000 Jews - murdered at the concentration camp. In subdued tones, he said that the passage of time had not made the crematoria lose their horror. He spoke of his great uncle, who under Gen. Dwight Eisenhower had been among the camp's liberators. He recounted how Eisenhower had toured the camp so he could personally challenge anyone who might claim that the Allies had exaggerated the Nazi horrors for propaganda purposes.

This gave Obama another opportunity to declare that Holocaust denial is "baseless," "ignorant" and "hateful."

In his Cairo address the day before to the Muslim and Arab worlds, the president had justified Israel's right to exist on the basis of the Holocaust: "The aspiration for a Jewish homeland is rooted," he said, "in a tragic history" that culminated in the Shoah.

At Buchenwald, he said: "The nation of Israel [arose] out of the destruction of the Holocaust."

That rationale, standing alone, set the stage for Obama to assert: "On the other hand, it is also undeniable that the Palestinians… have suffered in pursuit of a homeland."

BARACK OBAMA has been terribly misinformed if he thinks Israel's legitimacy hinges on the Shoah. Of course, had the Jews achieved a national homeland in Palestine before the outbreak of WWII - as Britain promised in the 1917 Balfour Declaration and as the League of Nations affirmed in 1920 - the doors to this country would not have been barred to Jewish refugees seeking to escape from the Nazi killing machine. History would have turned out very differently indeed.

What the Holocaust proved is that the world is too dangerous a place for Jews to be stateless and defenseless. But we Zionists were making that argument long before Hitler came to power.

Granted, modern political Zionism developed in the late 1800s and early 1900s. But the president needs to better appreciate that Israel's legitimacy is not dependent on the consequences of the war waged against the Jews between 1933 and 1945. It is, first and foremost, rooted in the historic connection of the Jewish people to the Land of Israel.

The Zionist movement rejected Uganda as a safe haven in 1903, the need to save Jews from violent anti-Semitism notwithstanding, because Uganda did not belong to the Jews.

However one chooses to understand Jewish civilization - as sacred history, or through the modern lenses of secular history and archeology - the ancient bond between the Jews and their land is indisputable.

By 1000 BCE, the Twelve Tribes had formed a united monarchy. Then, when in 586 BCE the Jews were defeated and exiled, "By the rivers of Babylon... we sat down, yea, we wept, when we remembered Zion." We returned and rebuilt our commonwealth - only to be defeated and exiled again, in 70 CE. As early as the 9th century, Jews had reestablished communities in Tiberias; and, in the 11th century, in Gaza.

SO YOU see, Mr. President, long before Christianity and Islam appeared on the world stage, the covenant between the people of Israel and the Land of Israel was entrenched and unwavering. Every day we prayed in our ancient tongue for our return to Zion. Every day, Mr. President. For 2,000 years.

At every Jewish wedding down through the centuries, the bridegroom has crushed a glass beneath his foot while declaring: "If I forget thee, O Jerusalem…"

Perhaps it's because Palestine was never sovereign under the Arabs that even moderate Palestinians cannot find it in their hearts to acknowledge the depth of the Jews' connection to Zion. Instead, they insist we are interlopers.

When Obama implies that Jewish rights are essentially predicated on the Holocaust - not once asserting they are far, far deeper and more ancient - he is dooming the prospects for peace.

For why should the Arabs reconcile themselves to the presence of a Jewish state, organic to the region, when the US president keeps insinuating that Israel was established to atone for Europe's crimes?

Obama's Cairo Speech as Seen from Jerusalem

Great expectations

It was with mixed feelings that we watched President Barack Obama deliver his extraordinary speech to the Muslim and Arab worlds in Cairo yesterday.

Critics will see the speech as incredibly naive. Yet it was also the most meaningful and coherent attempt by an American leader since 9/11 to dissociate the world's 1.5 billion Muslims from demagogic elites preaching worldwide jihad and hatred of non-believers.

It is not insignificant that Ayman al-Zawahiri and Osama bin Laden took the president's power to persuade seriously enough to try to preempt him by issuing fresh rants. It must have galled them to see hard-line imams and Muslim Brothers listening attentively in the audience. A Gallup Poll, taken before the speech, showed 25 percent of Egyptians approving of the US under Obama, compared to 6% under George W. Bush.

IN A city where Holocaust denial is part of the popular culture, it was good to hear Obama telling Muslims: "Six million Jews were killed," and saying otherwise is "ignorant, and hateful."

To no applause, he proclaimed: America's ties with Israel are "unbreakable."

However, elsewhere, Obama's moral equivalency was disconcerting. Undeniably, Palestinians have endured dislocation - but it would have been courageous of the president to say that much of this pain has been self-inflicted, thanks to 60 years of intransigence.

He was right to remind the Arab states that their peace initiative was only "an important beginning." And we were gratified when he insisted Hamas end its violence, recognize past agreements, and accept Israel's right to exist.

But we cringed when he associated the Palestinian struggle with the US civil rights movement and with the campaign for majority rule in South Africa - even if the punch-line of this false analogy was: Terrorism is always unjustifiable.

We were braced for his reiteration of long-standing US policy against the settlement enterprise. But he missed a crucial opportunity to prepare the Arabs for territorial compromise. No Israeli government is going to pull back to the hard-to-defend 1949 Armistice Lines.

Obama didn't really need to tell Israelis to acknowledge "Palestine's" right to exist since every government since Yitzhak Rabin's has been explicit that the Jewish state does not want to rule over another people. The real question is whether a violently fragmented Palestinian polity is capable of making the necessary compromises required to close a deal.

BUT THIS speech was not largely about the Arab-Israel conflict. It was an effort to pursue public diplomacy and suasion - trying to decouple the susceptible Muslim masses from the demagogic extremists who now hold such sway. That is why the president was wise to travel first to Saudi Arabia, "where Islam began," and, just before his speech, to be seen deferentially touring a mosque in Cairo - the city from where the theology of worldwide jihad first spread its vicious tentacles.

The speech was brilliantly proleptic: first acknowledging Muslim grievances, then stating the American case. To the Israeli ear, the president sounded fawning, prefacing each mention of the Koran with "holy." But it was just the right tack given the task at hand. Similarly, as the president highlighted the epochs during which Islam was a force for enlightenment, we could not help but recall that even in that "Golden Age," Jews were still treated as a dhimmi people.

And yet, the president's harking back to periods of relative tolerance bolstered his call on today's Muslims to behave temperately. We also appreciated his defense of the region's Christian minority.

We swallowed hard as the president intoned that "Islam is not part of the problem" of worldwide terrorism. At the same time, we reminded ourselves that his goal was to convince ordinary Muslims to make this dubious statement reality.

On democracy, employing a lighter touch than his predecessor, Obama advocated for the right of all citizens everywhere to express themselves freely and to live under regimes that respect the rule of law.

Iran's supreme leader Ayatollah Ali Khamenei didn't wait long to digest the Obama speech before proclaiming that America remained "deeply hated" in the region, something that wasn't going to change because of "beautiful and sweet" words.

Who will be the first Muslim leader to tell the ayatollah he is wrong?
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Shabbat shalom to all.