Pushing lovers of liberty to their limits

[One mullah left the Dark Side.]



A gesture for Montazeri

In the era before cable and satellite television, the news programs on America's three commercial broadcast networks carried a great deal more influence than today. Perhaps that is now beginning to change.

Veteran journalist Diane Sawyer marked her 64th birthday on Tuesday by debuting as anchor of the still popular ABC TV evening newscast. Her first coup - an interview conducted in Copenhagen on Friday with Iranian President Mahmoud Ahmadinejad.

Trying to sway American public opinion is plainly important to him. Luckily, he's no master of public relations. Ahmadinejad gets bogged down in polemic and circumlocution when a straight answer would serve him better.

On sanctions - he said bring it on; I don't like being threatened while simultaneously being invited to negotiate.

He rejected a Times of London report, datelined Washington, which claimed Iran is testing a nuclear triggering device as "fundamentally not true." The story was based on "fabricated" papers "disseminated by the American government."

Ahmadinejad's message is that there is no Iranian bomb in the works. He told a home audience that if there was one he'd be "brave enough" to say so.

And when Sawyer asked point-blank: "Will you say to the American people, tonight, that Iran will never weaponize nuclear material?" Ahmadinejad replied: "We have got a saying Iran which says 'how many times shall I repeat the same thing?' You should say something only once. We have said once that we don't want nuclear bomb. We don't accept it."

Reassured? Neither are we.

Was he concerned that his bellicosity, his flouting of Security Council resolutions and International Atomic Energy Agency rebukes might prompt some country - or countries - to launch a military strike?

Ahmadinejad put on his best Dirty Harry expression: "We don't welcome confrontation, but we don't surrender to bullying either."

Asked about three youthful American adventurers who foolishly strayed into the Islamic Republic from the Kurdish region of Iraq and have been imprisoned, Ahmadinejad insinuated they were spies. When Sawyer said their parents were desperate to contact them, Ahmadinejad offered this non-sequitur: There are 3.5 million prisoners in America.

BACK IN Iran, the death, at 87, of Grand Ayatollah Hossein Ali Montazeri - a founding father of the Islamic Republic, who crafted its judiciary system - has galvanized dissident politicians and clerics.

Montazeri's funeral in Qom on Monday brought out tens of thousands of frenzied mourners chanting "God is Great!" When a tepid letter of condolence from supreme leader Ayatollah Ali Khamenei was read, the crowd roared: "Dictator, this is your last message: The people of Iran are rising!"

May it be so.

Let's not fool ourselves; the Iranian opposition is not Western-oriented and certainly not agnostic on Israel. Still, it is significant that former presidential hopefuls Mir Hossein Mousavi and Mehdi Karroubi, along with former presidents Mohammad Khatami and Hashemi Rafsanjani, have all latched onto Montazeri as a symbol.

Long ago, the revered cleric broke with Ayatollah Ruhollah Khomeini over the regime's murderous brutality. Recently, Montazeri challenged a basic Iranian myth by calling the 1979 seizure of the US embassy in Teheran "mistaken." Significantly, he issued a fatwa against investing in a nuclear bomb. After the contested elections in June, he called for the release of all political prisoners. He courageously criticized the post-election executions carried out by the regime as an affront to Islam.

Unfortunately, for those of us who'd like to see regime change, the opposition is not yet a cohesive movement and has no concrete strategy. Its limited goals are to overturn the rigged elections and increase freedom of expression.

MEANWHILE, Western leaders are arriving, glacially, at the realization that Iran's duplicitous determination to manufacture nuclear weapons - and perfect the means to deliver them - is not going to be reversed by diplomacy. The Chinese and Russians are likely to enfeeble any effort at a robust sanctions regime; Germany and Italy will find it hard to reduce their dependency on Iranian lucre.

But there is something that's doable right now and doesn't require financial sacrifice or very much diplomatic daring: To signal support for the Iranian opposition, countries which value liberty should opt to indefinitely extend the vacations of their ambassadors now on home-leave for the Christmas and New Year holidays.

Is that too much to ask in honor of Montazeri's memory?

Schalit Case: Between Emotional Blackmail & a Heavy Heart

Fateful decision

A portentous decision on whether to trade Gilad Schalit - who has been in Hamas captivity for an excruciating 1,275 days - for a thousand imprisoned Arab terrorists is now being finalized. The raw anguish of Gilad's parents, Noam and Aviva, has been imprinted on the Israeli consciousness since their son fell into enemy hands on June 25, 2006.

Our hearts tell us to pay Hamas's price.

Prime Minister Binyamin Netanyahu and his top ministers, however, have the terrifying responsibility of acting with both their hearts and minds. Their deliberations cut to the essence of what it means to be Israeli.

Israelis do not want a second Ron Arad affair; Gilad is now so close to freedom, he's virtually touchable. For him to slip away now would be devastating.

Paying Hamas's price, though, would constitute a second "Jibril Deal." That 1983 prisoner swap with the Popular Front for the Liberation of Palestine saw 1,150 Arabs exchanged for three Israeli soldiers. One of those Arabs was Ahmed Yassin; others would become his lieutenants. Together they created Hamas.

There are doubtlessly men of Yassin's "caliber" among the 1,000 Hamas seeks. After his release, Yassin was re-arrested, only to be released in 1997 by Binyamin Netanyahu - during his first term as premier - in yet another prisoner exchange.

Beyond the moral bankruptcy of rewarding past evil, with history as our guide - and with heavy hearts - we assert that Israelis will die if the government obtains Gilad's freedom by acting only with its heart.

Things were not supposed to get this far. Days after our Gilad was taken, Hamas demanded the 1,000 prisoners. Ehud Olmert responded: "We won't let anyone believe that kidnapping is a tool to bring Israel to its knees." Privately, however, the then-premier gave Egypt the green light to commence bargaining. Those talks are culminating now under Netanyahu.

Israel concurrently tried pressuring Hamas. The IDF quickly rounded up 64 Hamas "parliamentarians" in the West Bank; it launched Operation Summer Rains sending tanks and commandos into Gaza in search of Gilad. (When this affair is over, Israelis deserve to know why a soldier held within driving distance of the Ministry of Defense could not be rescued.)

By early July 2006, dozens of Palestinian gunmen had been killed, others taken prisoner, to exact a price for Schalit's continued captivity. Israel temporarily re-took parts of Gaza - for the first time since the 2005 disengagement. Hamas absorbed these blows and responded with intensified shelling against Sderot and Ashkelon.

Relentless Hamas rocket attacks ultimately led to Operation Cast Lead in December 2008. All in all, since Schalit was taken, Hamas's recklessness has cost the lives of well over a thousand Palestinians and left a trail of devastation in Gaza. Yet Hamas remained steadfast in its demands certain that Israel would ultimately capitulate. Indeed, within days of Schalit's capture, then-internal security minister Avi Dichter said publicly what Hamas wanted to hear: that Palestinian prisoners should be released for Schalit's freedom.

NOW, Israelis will be assured that the most lethal of the freed prisoners will be confined to Gaza or exiled abroad; as if there is no two-way traffic in Gaza's tunnels.

And with the absolute sincerity of an alcoholic having one final drink before going cold turkey, the government will assert that the Schalit deal will be Israel's last lop-sided prisoner exchange.

A deal will buttress what Palestinians already believe, that Israelis understand only force. Tomorrow's Palestinian leaders, therefore, will be that much more obdurate. It will become still harder for a credible Palestinian leader - no matter how ostensibly moderate - to abjure violence.

Stopping on a dime will mean that the pundits and politicians who orchestrated the campaign that took matters this far will have some explaining to do. If Netanyahu does pull back, it will be because Israelis were bluffing ourselves as much as we were bluffing Hamas.

A "no" now would take Hamas down a peg. Netanyahu could directly address the Islamists' disappointed constituents, emphasizing that meeting Hamas's rapacious demands would have dishonored him and caused Israel to lose face. Palestinians will understand that. So will Israelis.

He should frankly acknowledge that he was ready for an honorable deal. Indeed, he must stress that he remains ready for an honorable deal.

THE HARROWING ordeal of Gilad's selfless parents touches us all. Their son has become our son.

Nevertheless, Netanyahu must reverse course. The killers should remain incarcerated; if they don't, more Israelis will surely die.

####

A new survey that came across my desk this morning conducted jointly by the Harry S. Truman Research Institute for the Advancement of Peace at the Hebrew University of Jerusalem and the Palestinian Center for Policy and Survey Research in Ramallah, between December 9-15, 2009 found that a slim majority (52%) believes Israel should pay almost any price to return prisoners of war. I thought the figure would have been much higher. Interesting.

A new poll offers insights into what Palestinians most want

[Another grueling day of 'the occupation.' Pre-Christmas shopping in Ramallah.]



The great disconnect


As Israelis continue to brawl over a settlement construction moratorium that Western powers denigrate as insufficient and Palestinians dismiss as worthless, the West Bank's Palestinian Arab population has reason to feel contented.

Palestinian Authority Prime Minister Salam Fayyad has told Western media outlets that the West Bank economy is experiencing an upswing, and that next year could see double-digit growth.

Some 47,000 Palestinians have permits to work in Israel or in Israeli enterprises within the West Bank. About 1,500 VIP business people (selected by the PA) have the right to cross between Israel and the West Bank at any time. Arab citizens of Israel have been encouraged to resume commerce with their West Bank brethren. Crossing points have been upgraded; crossing hours between the West Bank and Jordan have been expanded.

Only 14 major IDF security checkpoints remain inside the West Bank, easing the commute between Palestinian population centers. Unemployment is down to 18 percent (compared to over 40% in Gaza). The local stock market is on an upswing; likewise foreign investment.

A new mall has opened in Nablus. The cornerstone of a new neighborhood in Jenin was laid by PA President Mahmoud Abbas. Plans for a new suburb in the hills of Ramallah for middle-class Palestinians are advancing. A Bethlehem industrial zone is in the works.

Four EU-funded electrical substations are on the drawing boards. A second Palestinian cellular phone company is now online. People are buying more cars. Bethlehem alone hosted a million tourists last year. West Bank imports and exports have exceeded $4.3 billion this year.

HAS THE relative prosperity of West Bankers made them more inclined to compromise with Israel? Not really.

The latest survey of the Palestinian Center for Policy and Survey Research, headed by Khalil Shikaki, found that most Palestinians would not mind if Abbas retired; they think his talk of doing so is mere posturing.

Sixty-one percent of Palestinians say that Fatah and Hamas are jointly responsible for the continued split within the Palestinian polity. Reuniting the West Bank with Gaza is the Palestinians' top priority, with most saying this goal is more important than maintaining the cease-fire with Israel.

At the same time, if elections were held today, Abbas would receive the support of 54% of the Palestinian electorate compared to Ismail Haniyeh's 38%. Haniyeh's overall popularity among Gazans stands at 43% - not much lower than President Barack Obama's among Americans (49%).

But roughly 40% of eligible voters say - given a choice between Haniyeh and Abbas - they'd stay home.

What if younger blood were injected in the race? What if the man Yasser Arafat entrusted with running Fatah's terror campaign under the Tanzim brand were the moderates' standard bearer? Answer: Marwan Barghouti would take 67% of the ballots compared to 28% for Ismail Haniyeh - while participation would shoot up to 73%.

Were parliamentary elections held today, Fatah would garner 43% versus 27% for Hamas. Broken down by region, Fatah would win 41% of the West Bank and 46% of Gaza; Hamas would capture 23% of the West Bank and 34% in the Strip.

Most illuminating is the rating personal/family safety and security get. In the West Bank the comfort level is 63% (up from 58% four months ago). In the Gaza Strip, 65% of respondents said they felt safe and secure (compared to 63% four months ago).

This comfort level relates not to the economy, but to an end of the Hobbesian lawlessness that prevailed as a result of the second intifada. Gazans are as grateful to Hamas as West Bankers are to Fatah for returning normalcy to their lives - though Gazans acknowledge they have paid a greater human-rights price for their calm.

FROM AN Israeli viewpoint, the heartbreak is that despite a massive investment of resources by the EU and US, accompanied by essential Israeli cooperation, the relatively well-off West Bankers hanker after the imprisoned Barghouti, partly because he refuses to rule out a third paroxysm of violence.

The core attitudes of West Bankers and comparatively deprived Gazans are not poles apart, with so many believing that violence pays. Economic well-being, then, does not obviate political frustration.

Tragically, Palestinian "moderates" are doing precious little to lessen the dissatisfaction of their people, because they have failed to candidly discuss the compromises necessary to achieve viable aspirations.

Orthodoxy's larger communal responsibility1

[The Chief. A reasonable man with an intransigent streak?]


'E' versus JFS


When the British noblemen and ladies formerly known as Law Lords became justices of the Supreme Court, they abandoned the trappings of formality such as wigs and robes. Thus Lord Phillips, president of the court, was bareheaded and attired in a business suit when he delivered Wednesday's historic decision that London's eminent Jews' Free School, known as JFS, could no longer use Orthodox criteria of Jewish identity as the basis for its admissions policies.

The ruling came as an expensive blow to the British Orthodox establishment headed by Chief Rabbi Lord Sacks.

The case involved a 13-year-old boy known as "M" (for purposes of confidentiality) who was refused a place in the oversubscribed faith school because his mother had been converted by a non-Orthodox beit din. The conversion is recognized by Masorti, Reform and Liberals; the father davens in a Masorti shul. Sacks, however, ruled the boy was not halachicly Jewish, and thus not entitled to JFS admission. M's father repeatedly appealed Sacks's ruling, leading, ultimately, to this week's court decision.

Sacks had previously also blocked the admission of a child whose mother had undergone conversion by Israel's Orthodox rabbinate on the grounds that the family had not subsequently led an Orthodox lifestyle.

The losing side has tried to console itself by claiming the 5-4 decision was made by the "narrowest of margins." But a perusal of the 90-page judgment suggests that two of the dissenting justices nevertheless expressed discomfort with JFS policy. Indeed, most of the 13 jurists who have examined the facts and law of the case since it began have sided with M over JFS.

The court did not welcome being asked to resolve this intramural dispute. Still, in setting forth its respectful decision, Lord Phillips explained that the boy had been excluded from the school because of the requirements of "the Orthodox Jewish religion." That led the court to conclude: "One thing is clear about the matrilineal test; it is a test of ethnic origin… by definition, discrimination… on racial grounds."

We can understand that from the court's perspective, admissions policies may not be based on either matrilineal or patrilineal descent. But Judaism is indeed passed down from one's parents. And Jews are a people whose members are not exclusively an ethnic group and not solely followers of a faith system.

THE QUESTION of "who is a Jew" has vexed the Jewish world ever since the Enlightenment, when remaining within the fold became a matter of personal choice.

Clearly, Jewish affiliation cannot reasonably be rooted in a slack identity that demands scant commitment or conflates Judaism with the popular causes of the day; nor can affiliation be meaningful if it is based exclusively on biology.

Mainstream Judaism does not accept that observance of Jewish rituals and a profession of Jewish beliefs alone makes one a Jew. Judaism asks for more.

As Jewish civilization hopefully pursues a golden mean to the identity conundrum, it is unfortunate that Sacks and his dayanim painted M's family into corner, forcing them to seek a solution in the British courts. Could not a more humane and politic alternative have been found?

The court's decision is, however, not the end of the world. Starting with the 2011/12 academic year, Jewish schools (whether they receive state aid or not) will employ admissions guidelines based on religious practice, not ethnicity. The children of converts from the various streams will have access to a Jewish education. We trust those with tenuous halachic ties will be inspired by their learning to find appropriate channels to strengthen their Jewish affiliation. Paradoxically, Britain's ultra-Orthodox schools will feel no impact; they have always insisted on a particular faith lifestyle as a prerequisite for admission.

THE LARGER lesson here is that when Orthodoxy is accepted by the state as the authorized expression of Judaism, it ought to exhibit greater humility and tolerance toward other Jews - whether over the interment of a Masorti boy within a Spanish Jewish cemetery, or over sharing religious space at the Western Wall plaza.

The Orthodox have every right to set standards for their stream, but when their clergy are called upon to act in a fiduciary capacity for the entire community, they need to show greater forbearance and love.

Close your eyes & think of England

We're all Tzipi Livni

British Prime Minister Gordon Brown and Foreign Secretary David Miliband have been sitting on their hands rather than push through legislation that would make it impractical for anti-Zionist campaigners to conduct "lawfare" against visiting Israeli officials.

The latest episode in which, to paraphrase Karl von Clausewitz, law is used as the continuation of war by other means, involved the threat to arrest former foreign minister Tzipi Livni on the nonsensical charge that she committed war crimes during Operation Cast Lead. According to yesterday's Guardian, a British court issued the arrest warrant this week only to withdraw it when it turned out that Livni - apparently forewarned - canceled her visit.

Israel's enemies still come away with a propaganda victory because reports that a high-ranking Israeli was accused of such heinous charges chip away at Israel's legitimacy. Note that al-Jazeera on Monday headlined the Livni warrant story instead of immediately going live to Gaza for Hamas's anniversary rally.

The British legal system adheres to "universal jurisdiction" in the matter of war crimes. A magistrates' court need only be convinced to issue a warrant - based on claims by advocacy groups supporting the Palestinian Arab cause - for an Israeli official to be taken into custody for events that had nothing to do with Britain.

In September, Defense Minister Barak was about to be served with a warrant when the Brown government intervened with the court, citing immunity for officials carrying out their diplomatic duties. But Livni might have been exposed to arrest because, unable to schedule a meeting with Brown, her visit to address the Jewish National Fund could have been construed as private.

Pro-Palestinian groups have been engaging in lawfare since 2005, when Maj.-Gen. (Res.) Doron Almog, former OC Southern Command, barely avoided being served with a warrant by remaining on his El Al plane at Heathrow. Unfortunately, he was forced to scrap his mission - to raise funds for adults with autism. There has been a succession of similar attempts against other IDF officers from Aviv Kochavi and Geva Rapp to Moshe Ya'alon; former Shin Bet chief Avi Dichter was also a target.

Those who seek to humiliate the Jewish state mockingly assert that Israel led the way on universal jurisdiction by bringing Eichmann to justice.

PLAINLY, Britain so closely identifies with the Arab position on borders, settlements and Jerusalem that it no longer even feigns diplomatic evenhandedness. For the Foreign Office, the West Bank is simply the "Occupied Palestinian Territories." British officialdom reacted to Livni's near-arrest by releasing the mealy-mouthed statement: "The UK is determined to do all it can to promote peace in the Middle East, and to be a strategic partner of Israel. To do this, Israel's leaders need to be able to come to the UK for talks with the British Government. We are looking urgently at the implications of this case."

What a perfect example of a bunch of words strung together devoid of substance.

The Brown-Miliband government - sadly with the acquiescence of some elements within the British Jewish establishment - has also been promoting a boycott of goods produced over the Green Line on the grounds that a Jewish presence anywhere beyond the 1949 Armistice Lines is illegal. The decision, according to the British Zionist Federation, was instigated by Oxfam (which you might have thought was a nonpartisan charity) and the EU-funded "War on Want."

Too bad London prefers a boycott to a negotiated agreement on permanent boundaries which would equitably resolve the settlement issue. Moreover, Sweden's recently failed effort to have the EU leap-frog negotiations between the parties by preemptively recognizing Palestinian claims to all of east Jerusalem was also strongly backed by the Brown-Miliband government.

Brown twice promised to propose legislation that would hamper lawfare by requiring Her Majesty's Attorney General for England and Wales to approve the issuance of any war crimes warrant.

Some suggest Brown and Miliband have purposefully not fulfilled this promise to chastise Israel. Others say they simply lack the political capital to face down their own rabidly pro-Palestinian backbenchers and - just months before national elections - do not want to be dependent on the Tories to pass a law.

Whatever the explanation, this has not been Britain's finest hour.