Absentee Ballot -- Voting in U.S. presidential election 2012 from Israel

A Vote Not Cast

When my Labor Zionist cousins made aliya from New York City in the 1950s to an agricultural moshav outside Raanana they cast off comfort, kin and familiarity for the yoke of pioneering Zionism. It was inevitable that they'd lose touch with the Brooklyn Dodgers, Joe DiMaggio's love life and the fate of the Third Avenue El. Just getting hold of a delayed copy of the Herald Tribune would have been a coup. And the thought of casting an absentee ballot in the presidential contest between Republican Dwight D. Eisenhower and Democrat Adlai Stevenson did not even cross their minds .

Nowadays, Americans living in Israel will find voting in the 2012 presidential elections no trickier than keeping up with Season Five of Mad Men. As an ex-New Yorker, I am able to apply to vote via a Federal website or through my local board of elections. It seems I am eligible to vote in municipal contests and, for all I know, in school board races.

Having downloaded and filled out an application, all I need do is affix my signatures and airmail the forms to the Board of Elections on Ninth Avenue. Anticipating approval of my submission, the board has already emailed to wish me "a great voting experience this year!"

Filing overseas tax returns is a legal obligation, holding a second passport may simply be prudent, and feeling devotion to America is only natural. But as someone who has no expectations of returning to live in the United States I see voting as an exploitation rather than an exercise of my rights, and as a betrayal of my Zionist bona fides.

Did Herzl and Jabotinsky go to their early graves so that I could exercise my right to vote in America?

That's not the way Kory Bardash of Republicans Abroad sees it. A strong America, he argues, helps secure a strong and independent Israel. "By helping to elect officials that understand and support Israel’s struggle against an ever increasing hostile world that looks to delegitimize it, those that vote in the US election can help support [the Zionist] dream."

Advocates of absentee balloting also argue that with taxation comes representation. Ex-pats living in London have no compunction about voting in U.S. elections so why should those living in Tel Aviv feel differently? Israel's 300,000 Americans make it the fifth largest expat community, according to Bardash. And isn't it true that many maintain deep connections through family, friends and frequent visits. Moreover, 115 countries allow absentee voting and they can't all be wrong.

All true, but Israel doesn't allow absentee balloting. And there is no groundswell of sentiment to give 500,000 ex-pat Israelis (about 10 percent of the population) whose lives are permanently centered in America, Russia or Germany the right to vote.

On the other hand, Cabinet Secretary Zvi Hauser did lately direct a quasi-public think tank to explore whether and to what extent to enfranchise Israelis abroad.

He is weighing one option in particular that – if endorsed by the cabinet and passed by the Knesset – would extend limited voting rights to some 42,000 Israelis on a one-off basis who have been abroad for no more than four years among them university students, post-army trekkers, visiting academics, business people, tourists and airline crews. Given Israel's size that could be enough, cumulatively, to influence the outcome of two Knesset seats.

Historically, however, any reforms have been opposed by strange bedfellows: the ultra-Orthodox Shas party, some national-religious factions, the Arab bloc, and the leftist Haaretz newspaper.

While sensible reforms extending the vote to those temporarily out of the country could make it through the Knesset no one expects the franchise to be handed broadly to ex-Israelis permanently living overseas.

The consensus seems to be that those who have permanently made their lives elsewhere have ceded their say in life-and-death decisions affecting the Jewish state. Plainly, for ex-pat U.S. citizens the circumstances are quite different.

Some Israeli-Americans will vote out of a sense of patriotism; of those many will weigh to the moral dilemma of exercising power without personally having to pay the consequences.

There will be those who will not cast absentee ballots out of lethargy. And still others will consciously refrain from voting because for them answering the Zionist call for the ingathering of the Jewish people in Eretz Israel necessitates, perforce, abdication of involvement in the political affairs of one's former homeland.

The Others Among Us - Two New Books About The Lower East Side

What most American Jews know about New York's Lower East Side comes from books like Irving Howe's World of our Fathers, memories of family shopping excursions to Orchard Street or tours of the Tenement Museum. My claim to fame is that I was born and raised in the neighborhood making my appearance when there were still pushcarts along Avenue C, street corner vendors selling knishes or ice cream (depending on the season) and shuls on practically every block. By the 1950s, just as the Lower East Side's Jewish heyday was behind it, a wave of post-World War II Holocaust refugees breathed new life into the area. The respite would be brief. Jews in the Alphabet City section (Avenues A, B, C, and D)would be forced out during the 1960s and 1970s by black and Puerto Rican violence while Jews south of Delancey Street would be incrementally bought out by the Chinese by the dawn of the 21st century. Hard to believe that a hundred years earlier there had been half a million Jews living in tenements from 14th Street down toward the southern tip of Manhattan. And that these denizens – immigrants and old-timers – were not alone. They shared the "Jewish Lower East Side" with other hyphenated Americans: Italian, Irish, German and Chinese. In An Immigrant Neighborhood Shirley J. Yee, a professor of Gender Studies at the University of Washington, focuses on the Chinese who settled on the LES before 1930 in what would become Chinatown. Once the reader gets beyond Yee's unselfconscious political correctness – talk of "normative white heterosexuality," "systems of power relations" and "patriarchal and heternormative assumptions" – there is what to be mined. Yee's basic discovery is that the various ethnic groups interacted "unglamorously" more than is generally appreciated. Chinese businesses employed non-Chinese workers and served a mixed clientele. Irish funeral parlors served the Chinese until the community was sufficiently established to provide for itself. Similarly, the Visiting Nurse Service co-founded by the German Jewish Lillian Wald ministered to the Chinese. Jewish physicians (there were 1,000 by 1907 despite medical school quota policies) such as Abraham Jacobi attended Chinese patients. Jewish plumbers unclogged Chinese drains. Her research even turned up the existence of "interracial households." Yee devotes a chapter to the Oldest Profession which was thriving in the neighborhood viewing anti-vice organizations as trying to impose "middle-class values on poor and immigrant people." In any event, the Chinese did not have it easy, trapped by policies intended to segregate the newcomers and facing hostility and prejudice from the authorities and from their neighbors particularly the Irish. Most Jewish historians note that the Educational Alliance on East Broadway was established by uptown German Jews to acculturate the East European Lower East Side Jews. Yee's somewhat censorious take is that the Edgies' ultimate purpose was to provide a venue for Jews to meet and marry other Jews. A good thing too because, as she remarks, settlement houses founded by Christian groups sought to proselytize Jews. Turns out that Orthodox rabbis opposed Jewish settlement houses fearing the immigrants would become too assimilated into the American mainstream; while some uptown Jews worried that outright opposition to the Christian settlement houses would stoke anti-Semitism, according to Yee. Gil Ribak in Gentile New York sets out to capture how Lower East Side Jews, between 1881 and 1920, perceived their non-Jewish neighbors. A postdoctoral fellow at the University of Arizona, Ribak fells even more straw men than Yee. The biggest revelation being that Lower East Side Jews were not innately liberal. Many arrived prejudiced and stayed that way. Dislocated, poor and struggling Jews did not straight away identify with people more marginalized than themselves. They stereotyped goyim – particularly the Irish – as Jew-haters, coarse and dangerous. On the other hand, they idealized blueblood Americans, Yankees they called them, as culturally and socially refined embodying cherished middle class values. By the end of the First World War some of these Yankees persecuted the Jews, celebrating the overthrow of the Russian czar, for their socialist and communist sympathies. Ribak provides a history of New York Jews in the late 19th and early 20th centuries in order to contextualize the images Jewish immigrants held of non-Jews. "The first real-life encounter with Americans was unquestionably a harrowing experience for many an immigrant. It typically occurred at the port of entry, which in New York was at Castle Garden, at the southern tip of Manhattan, until 1892, and after that at Ellis Island." By the 1920s, once ensconced on the Lower East Side, a Jew could purportedly live for many years "without encountering a Christian," or so a Yiddish journalist then claimed. While dreadful reports from the Old World served as a stark reminder of what they had escaped, daily life drove home that anti-Semitism was endemic even on the Lower East Side. German union bosses blocked Jews from jobs, Italian ruffians broke labor strikes, but the Irish were by far the worst. In 1902, as the funeral procession of Grand Rabbi Jacob Joseph made its way along Grand Street past their factory building Irish workers "rained down iron bolts, screws, oil-soaked rags. Melon rinds, and sheets of water" on the mourners. When the police arrived they clubbed the Jew who had entered the building in pursuit of the hooligans leaving more than 200 people in need of medical attention. One Yiddish paper lamented: "Chinese carry their deceased through the streets of New York and no one assaults them. We are treated worse than the Chinese." Whatever the inference of those sentiments, Jews found common cause with Asians in opposing immigration restrictions. They saw the Chinese as hardworking and mostly law abiding like themselves. The Irish were another matter; they were referred to as "vile savages" or simply "Christians" in the Yiddish press. Incessant street violence hardened Jewish prejudices against them and the Germans. Irish louts could get away with a lot because their co-religionists dominated New York's corrupt police force. Even when the attacks were not physical they left their sting as when shouts of "Kill the Jews" rang in the ears of spectators at a 1915 basketball game between the YMCA and the YMHA. Is it any surprise then that immigrant Jews had a low opinion of their Irish neighbors? As for African Americans, contacts with them were sporadic and attitudes ambivalent. Speaking among themselves in the Yiddish press Jews consistently opposed discrimination against blacks. Yet as Ribak says, "identification coexisted with distance." Jewish property owners worried that the arrival of blacks would lower real estate values. Just like other whites, Jews sought out black domestic workers at so-called slave markets in the Bronx "sometimes offering them very low wages." For their part, black demagogues in Harlem such as "Sufi Abdul Hamid," active in the 1930s, virulently scapegoated Jews urging boycott and jihad. "Antipathy and attraction frequently coexisted," Ribak concludes. Mutual distrust competed with instinctive Jewish sympathy. Gentile in New York concludes with the thesis that immigrant Jews joined the mainstream by embracing universalism, liberalism, sometimes Marxism, and by elevating the defense of others over parochial self-interest, essentially trading assimilation for acceptance. So what remains today of a definable Jewish Lower East Side? Only a remnant, compact, lower middle-class, rather Orthodox, comparatively elderly enclave in the shadow of the Williamsburg Bridge. Traces of the Irish have disappeared. Little Italy has become a restaurant district. Only Chinatown, throbbing and vibrant has expanded to encompass much of the neighborhood. Gentrification has cleared the slums around Alphabet City, including St. Mark's Place where I first lived, and public housing projects abutting the East River erected in the 1960s remain the preserve of the working poor. Back in 1907 when the Jewish Lower East Side was at its zenith, Oscar Solomon Straus, America's first Jewish cabinet secretary, astutely wrote in The American Spirit that "An unprejudiced study of immigration justifies me in saying that the evils are temporary and local, while the benefits are permanent and national." So it was. ###

Getting Hitler -Andrew Nagorski's "Hitlerland"

Some cataclysmic events occur with the speed of a train wreck; others unfold over a period of months or even years. Nassim Nicholas Taleb's 2007 sardonic bestseller The Black Swan put forth the proposition that the more earth shattering the event the less likely are news outlets to provide their readers with an early warning. A less condescending take on why journalists – and diplomats for that matter – are caught off-guard is that they are not fortunetellers. It is reasonable though to insist they accurately observe, astutely contextualize and plainly transmit that which they witness. The subject of Andrew Nagorski's exasperatingly non-judgmental new book Hitlerland is how well reporters and diplomats stationed in Germany after the First World War did in correctly assessing the path embarked upon by Hitler and Germany?

The main draw of Hitlerland is in its voyeuristic quality. We meet Hitler before he comes to power and can fantasize about myriad ways the monster might have met an early demise. For "without Hitler, the Nazis would never have succeeded in their drive for absolute power." Nagorski, a former Newsweek reporter and now policy director for the EastWest Institute think-tank, gives us a sense of what life was like for American diplomats and journalists and their ex-pat families. Though many newspapers and radio stations did not outlive the Great Depression that began in 1929 those that did managed to send over time some 50 journalists to cover Hitler's rise to power. Judged by their contemporaneous experiences – not 20/20 hindsight – Nagorski shows that some proved clueless; several became Nazi apologists, while only a handful proved sagacious in their reporting.

The story begins circa 1920 in post-World War I Weimer Germany which the Americans mostly found to be carefree, civilized, sexually racy and U.S.-friendly. Under the Treaty of Versailles (1919) Germany had been required to pay reparations to the victorious allies, disarm its military and give up its colonies. By attacking these stipulations, the Nazis were able to exploit the sentiments of a country that felt humiliated. When the Depression came, Germany's socialist government could no longer pay its bills. The bad economy gave the Nazis enormous traction and stoked claims by fascists such as General Eric Ludendorff that Jews and communists had stabbed the country-in-the-back and were responsible for Germany's rout. He joined Hitler's 1923 Beer Hall Putsch.

Among those who make cameo appearances in Nagorski's narrative of the interwar period are Ben Hecht, who spent two years in Berlin starting in 1918 as a cub reporter for the Chicago Daily News well before anti-Semitism had metastasized. Charles Lindbergh made his first visit to Germany in 1936, and at the request of the U.S. military attaché toured German airbases with Hermann Goering. The men hit it off and Lindbergh became an advocate for accommodation with the Nazis and an outspoken proponent of U.S. isolationism. John F. Kennedy came in 1937 after a "rowdy" European road trip recording in his diary an appreciation for the Nordic beauties he encountered. Former president Herbert Hoover arrived in 1938 to meet Goering and Hitler. The führer ranted against Jews, communists and democracy, leading Hoover to conclude that Hitler might possibly be insane but was his own man and not the puppet of some reactionary cabal. Returning home, Hoover lectured Americans not to interfere in how Germans ran their internal affairs. Then there was the irascible George Kennan who had volunteered for a Berlin embassy assignment, but when the time came for U.S. diplomats to be are evacuated in 1939 whined impatiently about the many places that had been inopportunely reserved for Jewish refugees on the ship sailing for neutral Lisbon.

Nagorski's descriptions of early meetings with Hitler are most intriguing. Karl Wiegand, the German-born Hearst correspondent who had grown up in Iowa, first met Hitler in 1921, and began writing about him a year later – fully 11 years before Hitler came to power. Wiegand initially characterized him as a new politician, "a man of the people" and a "magnetic speaker." Here he eerily introduced the future führer to his readers: "Aged thirty-four, medium-tall, wiry, slender, dark hair, cropped toothbrush mustache, eyes that seem at times to spurt fire, straight nose, finely chiseled features with a complexion so remarkably delicate that many a woman would be proud to possess it, and possessing a bearing that creates an impression of dynamic energy well under control…" The first U.S. diplomat to meet Hitler was Truman Smith a military attaché in 1922: "A marvelous demagogue. I have rarely listened to such a logical and fanatical man. His power over the mob must be immense."

Helen Hanfstaengl, the American wife of Ernst, a German industrialists and Nazi sympathizer, frequently hosted Hitler in her Berlin home. She described him as a "slim, shy [asexual] young man with a far-away look in his very blue eyes" who liked children. In adult company Hitler did the talking "his voice had a mesmeric quality." Her guest fancied black coffee and chocolates not to mention Wagner's music which affected him "physically."

Twist of fate: After Hitler's failed lurch for power in the 1923 putsch he and Ludendorff barely escaped in a hail of police bullets that claimed 14 Nazi lives. Devastated, about to be arrested, Hitler intended to kill himself with a revolver when Helen grabbed his arm and took the weapon away from him, "What do you think you are doing?" Thus was Hitler given a new lease on life. He thrived on the publicity he received during his trial and addressed the court with "humor, irony and passion." He ultimately served nine months under pampered conditions while dictating Mein Kampf. As for Helen, she would divorce Ernst and return to America.

Reportage made while Hitler was already a major figure but before he became chancellor is no less fascinating. Wiegand continued to cover Hitler quoting him in 1930 in the New York American saying, "I am not for curtailing the rights of the Jews in Germany, but I insist that we others who are not Jews shall not have less rights than they." Annetta Antona of the Detroit News interviewed Hitler in 1931 in Munich and remarked on the large portrait of Henry Ford over his desk. "I regard Henry Ford as my inspiration," Hitler told her of the anti-Semitic car magnet. Dorothy Thompson, wife of Sinclar Lewis, writing in 1931 also noted his "almost feminine charm" and his eyes. But "take the Jews out of Hitler's program and the whole thing collapse," she concluded. Thompson was eventually expelled by the Nazis.

Hugh Wilson, first assigned to the Berlin Embassy 1916, would become the last U.S. ambassador before WWII. He described Hitler as "a man who does not look at you steadily but gives you an occasional glance as he talks." He felt Hitler made policy according to his "artistic" instincts yet with efficiency. Parenthetically, in 1938, Wilson was briefly recalled by the Roosevelt administration for "consultations" to protest Germany's treatment of the Jews. Back in Washington, that same year cabinet member Harold Ickes also attacked "German Barbarism." But it was Sumner Wells, the undersecretary of state, who in March 1940 was the last major U.S. figure to see Hitler: "He had in real life none of the ludicrous features so often shown in his photographs…he was dignified, both in speech and in movement." With the US gripped by isolationism Wells did not even insinuate that Washington might join the war England was already waging against Hitler, Nagorski writes. Perhaps not incidentally, Wells proved particularly adept at giving U.S. Jewish leaders the runaround during the Shoah.

There were a few who did see Hitler plain. Among them were US counsel-general George Messersmith who early on assessed the Nazis as extremely dangerous and in internal State Department discussion revealed himself to be a hawk. Another was journalist William Shirer who found himself physically revolted while observing storm troopers marching below his window. Of Germans under Hitler's spell he wrote: "As an individual he will give his rationed bread to feed the squirrels in the Tiergarten [park] on a Sunday morning…but as a unit in the Germanic mass he can persecute Jews [and] torture and murder his fellow men in a concentration camp…" He recalled his reaction after meeting Hitler: "There is something glassy about his eyes, the strongest thing in his face [but] for the life of me I could not quite comprehend what hidden springs he undoubtedly unloosed in the hysterical mob." Perhaps, he opined, it was because the Nazis employed quasi-religious rites that turned their rallies into fervent, mystical-like experiences.

There were others, too, who were "rarely fooled" by Hitler. Nagorski points to Edgar Mowrer, winner of the 1933 Pulitzer Prize for his coverage of Hitler and author of Germany Puts The Clock Back. Challenging an exasperated Nazi yob over the blind irrationality of his tirade, the reporter extracted the retort: "The Fuhrer himself says true Nazis think with their blood." Another discerning observer was Sigrid Schultz who became the Chicago Tribune's bureau chief who spotlighted the Nazi propaganda machine and how it had warped the thinking of ordinary Germans. There was also Joseph Harsch of the Christian Science Monitor who recognized that the US would either have to eventually join England in fighting or become a satellite of "Hitlerland" – hence the book's title.

History never repeats itself literally. But what of those now shaping our views about events in Pyongyang, Tehran, Beijing, Moscow, Islamabad and Ankara? They probably have less expertise and less access to decision makers than Shirer, Mowrer and Schultz had in their day. With fewer foreign bureaus, many news outlets rely on local stringers who lack American sensibilities and professionalism. This deficit is hardly offset by parachuting in American pundits or letting lose armchair bloggers to influence perceptions of burning issues. Absent the gift of prophecy, there is no substitute for living in the place you write about, understanding the language and being attuned to its culture.

###

The Shin Bet Law - 10 Years On

The Unseen Shield

The news report hardly makes much of an impression on most Israelis: a checkpoint search in the West Bank, this one in the Jenin area, another discovery of explosives and weapons and the familiar finale "the suspect was taken in for questioning by the Shin Bet."
The Shin Bet (also known as the Israel Security Agency, the General Security Service and "Shabak") is tasked with protecting Israeli officials and containing Jewish extremists. Its main responsibility, however, is defending Israel in the Arabs' long war against the Zionist enterprise. As "moderate" Palestinian leaders urge their followers to deny the Jewish people their right to sovereignty anywhere in the Middle East and "militant" leaders preach "resistance" and "armed struggle," Shin Bet commanders need to constantly calibrate strategies and perfect operational tactics. No less taxing, they must operate within the rule of law and cognizant of the moral imperatives embodied in Jewish tradition and Western civilization.
One might expect an agency charged with staving off murderous fanatics to bristle under such constraints. Not so. The Shin Bet's institutional commitment to law and morality was on display earlier in the month when members of the Israeli intelligence community, academics and students gathered at the law school of the College of Management in Rishon Lezion to mark the tenth anniversary of the Knesset's passage of the "Shin Bet Law."
With this legislation that clarified its function and jurisdiction, Israel's domestic security agency came in from the cold. The prime minister was confirmed as its ultimate authority, the tenure of its chief (whose name is no longer a state secret) was set at five years, and procedures were put in place for intra-agency, governmental, and ministerial oversight. The law further required the agency's internal auditor to submit an annual report to officials charged with monitoring its classified work. The law codified the Shin Bet's authority to routinely collect information and question suspects. No longer did the Shin Bet need to operate in a legal twilight zone with the scope of its work was left vague.
Even today no one would claim that the Shabak offers tea and biscuits to those it suspects of enabling the murder of Israelis. The Shin Bet Law has emphatically not addressed every legal and ethical question; and as Yoram Rabin, the College of Management's law dean acknowledged, it has not erased the inherent tensions between the need to gather domestic intelligence and the protection of civil liberties. In parts, the legislation is purposely vague. It mandates that the Shin Bet preserve national security though it fails to define what constitutes "essential state interests," Prof. Suzie Navot noted.
Its deficiencies notwithstanding, former Shin Bet chief Avi Dichter (2000–2005) believes the legislation advances both security and the rule of law. He traced the law's impetus to questionable conduct by some Shin Bet agents during the 1980s. In 1984 for example, agents summarily executed two terrorists from the Popular Front for the Liberation of Palestine who had hijacked passengers on route from Tel Aviv to Ashkelon in what came to be known as the Bus Number 300 Affair. Most egregiously, the Shin Bet sought to cover-up its actions. In 1987, the Supreme Court ordered the release – after seven years of wrongful imprisonment – of IDF Lt. Izzat Nafsu, a member of the Circassian minority, who had been tortured into confessing to espionage he did not commit. Israel's president at the time, Chaim Herzog, declared that he was "ashamed" that such a thing could happen. In November 1987, a commission headed by former Supreme Court justice Moshe Landau offered classified guidelines, adopted by the Cabinet, for the use of a "moderate measure of physical pressure" during interrogations.
During the first intifada, after Islamic Jihad had carried out its first suicide bombing, exploding the Number 405 bus from Tel Aviv-Jerusalem and murdering 16 passengers, the Shin Bet came under ever increasing pressure to keep Israelis safe. Dichter recalled a December 1989 incident in which Palestinian gunmen had ambushed and killed two IDF reservists in the Gaza Strip. A number of suspects were arrested including Khalid Sheikh Ali in whose home investigators found axes and masks. In a failed effort to discover the whereabouts of the cell's arsenal and its plans for further attacks, interrogators reportedly tortured him to death. It was hardly the only instance of its kind, but it left the institution traumatized and its leader's soul-searching.
In 1999, Landau's guidelines were muddled by Israel's Supreme Court under Aharon Barak which basically ruled that force could not be used during interrogations though agents dealing with a "ticking bomb" situation could use a "necessary defense" argument if criminally charged.
By the time Shin Bet chief Ami Ayalon (1996–2000) stepped down and Dichter took over the political climate was right to press for a law that would, in effect, inoculate agency operatives against charges of working "in the service of the state while operating outside its laws." If the price for a shield of legitimacy was oversight, the Shin Bet was ready to pay it. The agency's former general counsel, Aryeh Roter, who drafted the bill ultimately passed by the Knesset, told the College of Management audience that the 2002 law successfully demonstrated that terror could be combated within a legal and comparatively transparent framework.
As Barak recognized, the most difficult cases involve "ticking bombs" where investigators have little time to elicit from suspects details of an impending attack. During the deliberations over the Shin Bet Law, then Justice Minister Meir Sheetrit said he would not allow torture to be enshrined in legislation. The best that can be done, said Dichter is to rationalize the process of obtaining internal approvals so that agents can operate legally in real-world situations. Current procedures requiring multiple authorizations "at three o'clock in the morning" from a long checklist of officials, up and down the political and legal chain of command, are unworkable when confronted with a suspect "who refuses to reveal at which bus depot in the country a bomb has been set to explode later that morning during rush hour," said Dichter.
Ten years after the law's passage, the Shin Bet, whose motto is "the unseen shield" nowadays operates with comparative transparency providing its personnel with a deserved sense of legal propriety as they fulfill their grave 24/7 responsibilities of keeping Israelis out of harm's way. Israelis do not expect the Shabak to play by Marquis de Sade's rules, but many do take comfort that those at the frontlines of Israel's struggle for survival do not capriciously breach the very values that distinguish Jewish and Western civilizations from the darkness the Islamists would impose on us all.

Martyr in Waiting

The Palestinian Islamic Jihad operative Khader Adnan, currently under administrative detention in Israel, has announced the end of his 66-day hunger strike in exchange for a commitment by Israeli authorities to set him free on April 17. His pending release raises this moral dilemma: If Adnan is a significant figure in PIJ's West Bank infrastructure and was detained because he posed an imminent danger to Israeli citizens, was it ethical for Israeli authorities to capitulate to his demands?

Roughly 300 Palestinian Arab security prisoners are currently held in Israel without trial. Other democracies, the United States and the United Kingdom among them, also employ this stopgap measure. Apparently no democracy has been able to combat terrorism without such an expedient.

Unless one is privy to the intelligence reports, one cannot know whether Adnan is, as his defenders claim, merely a PIJ spokesman or, as the authorities believe, far more lethal. Even if he is not one of PIJ's ticking bombs, Adnan certainly runs with those who are. Yet he will go free because authorities feared that his self-inflicted martyrdom would trigger paroxysms of rioting and bring international opprobrium from the Palestinian amen corner and others insulated from, or indifferent to, the potentially fatal consequences of his release.

Perhaps living in a Palestinian polity that incubates fanaticism stokes a propensity toward self-punishment. In January, Palestinian Women's Affairs Ministry staffers undertook a hunger strike to protest corruption within the Palestinian Authority. Political prisoners in Mahmoud Abbas's West Bank statelet have also waged hunger strikes. Or perhaps the phenomenon is more universal: Those who equate compromise with betrayal and see only their own Truth may lean to self-destruction. Think of the deadly hunger strike undertaken in the late 1970s by fanatics in the Baader-Meinhof Gang or the ten IRA militants, led by Bobby Sands, who starved themselves to death in 1981.

Whatever the cause, other jihadist prisoners have used Adnan's tactic. The most recent was Hana Shalabi, who was released in the Gilad Shalit exchange after an earlier stint in administrative detention but—like the Palestinian who stabbed a soldier in Hebron on Purim—returned to terrorism. Because Adnan's hunger strike was not unique, the ethical dilemma it poses is especially pressing.


Administrative detention leaves civil libertarians, liberal and conservative, deeply uneasy. I posed the following hypothetical to Tel Aviv University philosophy professor Joseph Agassi, who describes himself as a liberal nationalist: Imagine that during the Weimar period a young monster was arrested and sentenced to five years in Landsberg Prison. The historical fact is that he received friendly treatment there and spent his time co-authoring a screed that outlined his nefarious worldview. But what if the inmate had been treated harshly, become depressed, and commenced a hunger strike? Would it have been immoral to let him die?

Agassi rejected my scenario. "Wouldn't it be better," he asked, if Israelis considered "whether it is not easier and wiser to change the situation rather than torment ourselves with the impossibility it imposes on us?" Of course, it was wrong to let Germany slide into the hands of a criminal sadist (though another misfit might "quite possibly" have taken his place). But the "real question," said Agassi, "is, how come a civilized country like Israel has overflowing jails?"

A leftist Israeli academic went farther, saying my pre-World War II analogy was flawed because Adnan, compared with Europe's Jews, "is also a victim, as a Palestinian, of morally dubious policies, and of a violent occupation and dispossession."

In other words, there are those on Israel's ideological left who oppose Adnan's incarceration altogether. Convinced that Israel has "lost its soul" (or never had one), loathing the "occupation," and holding Benjamin Netanyahu wholly culpable for the deadlock in the "peace process," some post-Zionists would release all Palestinian "political" prisoners. And, indeed, if you maintain that Israel has no right to any presence beyond the 1949 armistice lines, disregard the refusal of Palestinian "moderates" to negotiate with Netanyahu unless he accepts those indefensible boundaries, and ignore what Hamas and the PIJ intend for Israelis, it follows that you would want prisoners like Adnan lionized, not caged.

But what if you believe that imperfect Israel remains a moral enterprise? What if you shy away from promiscuous moral relativism and hold that PIJ's goals are downright evil? Then, like Abraham Feder, a Conservative rabbi and theologian in Jerusalem, you come to a different conclusion.

Feder believes Israeli society is under no moral obligation to save Adnan if he chooses to "martyr himself for his announced cause of destroying Israeli society." Nor would Feder compel Israeli doctors to save him. Feder explains his opponents' case this way:

In Genesis 21:17, Hagar and Ishmael are in the wilderness on the brink of death. An angel shows Hagar water. She and the boy are saved. The Midrash presents a dialogue in which the angels in heaven plead with God to let Ishmael die, since in the future he will cause the children of Israel suffering and death. God sees this future but refuses to let the boy die. The biblical phrase underlying God's judgment is "ba'asher hu sham." This means, the Midrash says, that the boy must be judged as he is now—and now he is innocent.

This is interesting, says Feder, but it does not apply to Khader Adnan. First, Adnan is not an innocent boy but a member of a murderous organization. Second, it is not Israeli authorities who are killing him.

There is no way to know whether Israel's capitulation to Adnan will save more lives than letting him die. If he had died, perhaps Palestinians would have gone on a binge of rioting. When he is set free, he will kill or enable those who do. Only this is certain: The cause for which Adnan was prepared to die is Israel's destruction. In this circumstance, perhaps one way to judge a person's moral compass is to ask whether he or she is gratified by the prospect of Adnan's release or, at the very least, anguished.