Civil Liberties

Civil liberties - In their classic introduction to American politics, The Irony of Democracy, Thomas Dye and Harmon Zeigler show how popular commitment to civil liberties -- understood as the rights individuals have against unwarranted governmental intrusion -- can fall by the wayside when abstract principles need to be translated into practice.

After the September 11, 2001 terrorist attacks against the US, and the July 5, 2005 bombings on the London underground, cherishing civil liberties while tightening security became an everyday democratic dilemma. Across the political spectrum, the more people feel threatened the lower the support for civil liberties.

No democracy serves as a better "laboratory" testing the limits of civil liberties under traumatic conditions than Israel. The results are sometimes incoherent, but the common denominator is that freedoms are mostly safeguarded so long as lives are not endangered.

Some recent illustrations: a Jewish extremist was not prosecuted for holding up a sign calling the president a "traitor." But another was for advocating on the radio the expulsion of Israeli Arabs. A right-wing activist was brought to trial for writing that the official charged with implementing Israel's withdrawal from the Gaza Strip was worse than the Jews who collaborated with the Nazis. But the case was dropped, part of a general amnesty covering everyone charged with breaking the law during disengagement protests.
A deputy Knesset speaker, an Arab nationalist, is free to hang an oversized poster of Yasser Arafat, against the backdrop of a PLO flag, in his office. A Galilee-based Islamist has not been charged for urging Arab students to sacrifice themselves as shahids [martyrs] against Israel.
But antiwar activists were barred from holding a strident rally outside the Defense Ministry one evening during the recent Gaza conflict on the grounds that they did not have a police permit. Still, left-wing organizations face no restrictions on gathering or disseminating damaging data about the army. And radical groups may encourage conscripts not to serve in the citizen army.
A story now making headlines in Israel -- initially presented as a civil liberties conundrum -- turns out to be more knotty. It involves Anat Kam, a 23-year-old budding journalist who as a corporal doing obligatory army service unlawfully copied 2,000 highly classified documents onto a (now missing) computer disk. Kam provided a copy to Haaretz reporter Uri Blau who wrote a controversial magazine piece claiming the army had unlawfully killed two Islamic Jihad terrorists.

Kam's attorneys said she copied the material because she thought a war crime had been committed. After examining the facts, Israel's attorney-general, however, certified that the mission in question was perfectly legitimate. Kam is now facing trial; Blau is negotiating the return the stolen material in exchange for immunity from prosecution.

What emerges from Israel's experience is that the country's security predicament notwithstanding, the legal system's default position is to provide citizens with the same protections enjoyed in other Western democracies.

-- April 2010

Lose Nukes

Loose Nukes - Were terrorists to detonate a 10-kiloton nuclear device near New York City's Empire State Building, everything within a third-mile radius would be utterly destroyed; anyone within 3/4 of a mile would almost certainly be exposed to fatal radiation levels; damage to buildings would be extensive; a large swath of Manhattan from river-to-river would be ravaged. Obviously, if terrorists had access to the kind of explosive power, that devastated Hiroshima (13 kilotons) or Nagasaki (21 kilotons) much of metropolitan New York would be obliterated.

Representatives of over 40 countries, including Israel, have been meeting yesterday and today in Washington under the auspices of the Obama administration at the first-ever Nuclear Security Summit. The administration's goal is to gain public (and private) commitments on a "work plan" to be implemented within four years committing countries to keep nuclear material out of the hands of terrorist groups, "combat nuclear smuggling and deter, detect, and disrupt attempts at nuclear terrorism."
The US government says terrorist groups have persistently sought the components of nuclear weapons. Experts agree that the hardest part about making a bomb is securing the nuclear material.
In 2007, for instance, unknown attackers sought unsuccessfully to penetrate a South African facility where enough enriched uranium was stored to build 12 atomic weapons, according to The New York Times. Approximately, 35 pounds of uranium-235 (about the size of a grapefruit) or nine pounds of plutonium-239 is enough to make a working nuclear bomb, according to political scientist Graham Allison. An estimated 4.6 million pounds of nuclear material is dispersed in 40 countries.

Unfortunately, Egypt and Turkey are set to exploit the nuclear terrorism meeting to criticize Israel's reputed nuclear weapons capability. Faced with the prospect that his attendance would be used to sidetrack the conference, Prime Minister Binyamin Netanyahu opted to stay home and send Deputy Prime Minister Dan Meridor, whose responsibilities include intelligence and atomic affairs, to head the Israeli delegation. In the words of US National Security Adviser James Jones: “The Israelis did not want to be a catalyst for changing the theme of the summit."
In any event, Israel will not be mentioned in the final communiqué being crafted by the administration. Moreover, the parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) will meet next month at UN Headquarters in New York where Arab states can be expected to claim that it is politically untenable for them to confront the real and present danger of a nuclear-armed Iran without debating Israel's policy of nuclear ambiguity.

Of course, the menace of nuclear terrorism is linked solidly to Islamist extremism. A.Q. Khan, Pakistan's top nuclear scientist -- and an array of his associates -- provided nuclear knowhow to North Korea, Libya and Iran. For its part, Teheran maintains a murky relationship with al-Qaeda and open ties with Hizbullah and Hamas. These organizations have shown no compunctions about engaging in anti-civilian warfare. Worse, it is doubtful whether the Cold War strategy of Mutually Assured Destruction would deter atomic suicide bombers who have no national allegiances. That may explain why the US president calls a nuclear weapon in the hands of a terrorist organization the biggest threat to the Western world.




-- April 2010

On the Heritage Trail

Unlike Ariel Sharon, Prime Minister Benjamin Netanyahu did not have to take a stroll on the Temple Mount to provoke Palestinian Arab leaders into threatening mayhem. Instead, Netanyahu simply announced a comprehensive plan to strengthen Israel's national heritage by rehabilitating and preserving archaeological and historic sites, developing historic trails, and conserving photographs, films, books, and music of archival value. "A people," he declared, "must know its past in order to ensure its future."


Unveiled on February 2, the plan was greeted with a yawn by the mainstream Israeli media, mixed with a few deprecating remarks about Jewish chauvinism, and was largely ignored by Palestinians. Not until three weeks later did Arab riots break out in Hebron and spread to Jerusalem's Old City and the Temple Mount, where dozens of Palestinian youths locked themselves in a mosque after hurling rocks at visitors to the plateau.

What happened in the meantime was this. Right-wing Israelis protested when it emerged that neither the Tomb of the Patriarchs in Hebron nor Rachel's Tomb in Bethlehem, both of them integral to the civilization and sacred history of the Jews, was on the list of designated sites. On February 21, Netanyahu duly announced their inclusion. But the two sites (whose status remains otherwise unchanged) are in territory claimed by the Palestinian Authority, which views Israeli Jews as colonialist interlopers. PA chairman Mahmoud Abbas promptly warned that Netanyahu's "provocation" could "lead to a holy war." Forget could, said Hamas premier Ismail Haniyeh, urging an intifada: should.

Yet the projected enterprise, whatever missteps may have attended its inception, is both entirely normal and entirely legitimate. It is also an urgent need. The state of Jewish identity in the Jewish state is, paradoxically, shaky. In the private lives of many, Judaism has decreasing significance. Many secular youngsters attend schools where neither Jewish subjects nor Jewish values are high on the curriculum. Meanwhile, among their insular ultra-Orthodox counterparts, civics and Zionism are hardly taught at all. And then there are the post-Zionists, some of whom fully embrace the Arab narrative and see the establishment of their country as "original sin" while others shun any emphasis on the specifically Jewish aspect of their national history.

This, then, is the context in which Netanyahu's call should be understood. Nor is his a lone voice. Natan Sharansky, the new chairman of the Jewish Agency, has launched his moribund organization on a new mission: to build the Jewish people into a connected family—and to link Israelis to their Jewish roots. Both men are saying that the culture, traditions, and historical consciousness handed down through the generations comprise the birthright of the Jewish people. Is this national heritage to be lightly abdicated, and in the name of what?


-- March 2010

Trouble in Emmanuel

Israel Supreme Court Justice Edmond Levi – himself an Orthodox Jew – issued an implied challenge when he told a packed chamber: “It cannot be that rabbis’ rulings will take precedence over the Supreme Court.” A hundred thousand ultra-Orthodox Ashkenazi Jews poured into the streets of Jerusalem last Thursday to answer in the affirmative.

Levi had just ordered dozens of ultra-Orthodox (or haredi) parents to jail, until the end of the semester, for refusing to comply with a court order to send their daughters to elementary school. The parents kept their children home rather than allow them to mingle with Sephardi girls – also ultra-Orthodox, but less stringently so -- at the Beit Yaakov School in Emmanuel. Throngs of demonstrators escorted these "parent-martyrs" as they turned themselves in to authorities.

After months of failed efforts to cajole the parents into a compromise, the justices ruled that they were in contempt of court and were apparently motivated by ethnic and religious prejudice. Not at all, say the haredim. The issue is one of principle: the right to educate their children in accordance with their ultra-Orthodox Ashkenazi traditions. For Israel's body politic – already split along political, religious, social and cultural lines – the Emmanuel affair is yet another slash at the polity's cohesion. On Friday, the country's leading tabloid, Yediot Aharanot split its front page with two photos. One showed the over-dressed, black-clad ultra-Orthodox rallying under a withering sun; the other showed the outlandish pop singer Elton John at a sold-out nighttime concert near Tel Aviv. The headline sought to encapsulate Israel's dilemma: "Between Two Worlds."

Emmanuel is an underprivileged ultra-Orthodox settlement in the northern West Bank. Much of the population is Sephardi (with origins in the Arab world) and loyal to the Shas Party. A minority of residents are Ashkenazi (of European heritage) mostly Hassidim affiliated with the Slonim, Bratslav, and Gur dynasties. With Emmanuel's fortunes in decline, more well off families have left and, in recent years, been replaced by newly religious Sephardim. The hassidic parents say that their children were being negatively influenced by the "intolerable" deportment of the newcomers' daughters at the town's well-regarded, state-licensed and state-assisted Beit Ya’acov School.

With the Slonim parents taking the initiative, the Ashkenazim put up a fence, and created a school within the school for 75 of their daughters – also allowing a vetted group of Sephardi girls, whose families committed to living Ashkenazi religious lifestyles, to join them. The remaining 175 Sephardi girls were left to be educated on the other side of a barrier.

Sephardi ultra-Orthodox leaders challenged the segregation in the courts which repeatedly ordered Ashkenazi authorities to reintegrate the school. When the Education Ministry took down the barrier, the Ashkenazi parents – following rabbinic orders – sought to evade the court's ruling by bussing their girls outside the district. The court blocked this evasion and the controversy came to a head last week.

What distinguishes the Ashkenazi ultra-Orthodox from the Sephardim is the extent to which they will go in their unceasing struggle against modernity. This quest for insularity explains why Ashkenazi haredim keep their children out of the Israel Defense Forces and why they forbid television, and strictly regulate exposure to radio, newspapers, Internet, and mobile phones. The obsession with preserving a cloistered way of life is also why many of their men never enter the work force.
Chauvinism, too, plays a role. Ashkenazi haredim maintain a sense of religio-cultural superiority toward their Sephardi brethren. In Emmanuel, for instance, while the little Sephardi girls might wear knee-length white stockings under modest frocks, more is expected of little Ashkenazi girls who are obliged to wear white waist-length tights, even more modest skirts, and long-sleeve blouses worn with collars buttoned to the top. They are also forbidden to ride bicycles – “for the sake of modesty.”

In a new twist, Shas spiritual leader Ovadia Yossef, whose son Rabbi Yaakov Yosef had spearheaded Sephardi litigation efforts, declared that ultra-Orthodox Jews who turn to the secular judiciary to pass judgment on religious disputes risk losing their places in heaven. The son has now dissociated himself from the case citing temporal threats to his life not the risk of eternal damnation. Having embarrassingly aired their dirty laundry in public, the ultra-Orthodox world –Ashkenazi and Sephardi, Hassidic and Lithuanian -- has now closed ranks.

Mainstream Israel – secular and traditional -- has become increasingly jaded by the conduct of the haredi world particularly its willingness to benefit from the state while rejecting its core values. There is a prevailing sense of resignation that 10 percent of the population will continue to hold inequitable political sway over the allocation of resources unless the system of proportional representation – which artificially boosts parochial and single-issue parties -- is fundamentally revamped.