A Referendum On Peace Is A Bad Idea

Over at Open Zion, I argued that a referendum in Israel on a final peace treaty with the Palestinians is a bad idea. While there are arguments to be made in favor of one, there are strong counter-points that, I think, demonstrate the real problems inherent in a referendum. For example:

“there was no referendum on the 1947 Partition Plan, the decision to accept the 1949 armistice lines, the 1979 treaty with Egypt, 1981’s annexation of east Jerusalem and the Golan, the Oslo Accords in 1993, the agreement with Jordan in 1994, the 2000 withdrawal from Lebanon, or the Gaza withdrawal in summer 2005. In short, on none of the big issues of peace and security—all of which directly impacted on the personal safety of individuals as well as the security of the state itself—was the public asked to decide.”

Follow the link for more.

An Opportune Moment For Peace Talks

Last week I wrote in Open Zion that this is an opportune moment for peace between Israelis and Palestinians, followed by some suggestions for how to take advantage of that opportunity:

I get the exhaustion that everyone feels each time reports of “new” efforts to bring Israelis and Palestinians together emerges. Especially since, as usual, the contradictory statements of Israelis, Palestinians, and Americans make for a confounding experience. But having said that, and while certainly there are plenty of suspicions still in the way, we are at the most opportune moment to restart serious talks in the last five or six years, if not more.

Obama’s recent trip to the Middle East is now paying dividends. Secretary of State John Kerry is pushing hard to create the conditions for a return to negotiations, while the Arab League has revised its Arab Peace Initiative to be more flexible to meet Israel’s demands. More importantly, the political winds in Israel seem to be blowing in the same direction: members of Israel’s government have accepted the change and called for Jerusalem to begin negotiations (not unexpectedly Tzipi Livni, but even the Prime Minister’s Office and Netanyahu himself have hinted at the moment); Labor has publicly stated its willingness to serve as a safety net should the coalition fall on account of real negotiations; and the opposition in the Israeli Knesset has done what it should have been doing all along—critiqued the official government policy and pushed back against it.

Lots of work remains to be done, of course, to overcome serious obstacles. These include: Israel’s insistence on being recognized as a Jewish state; Yair Lapid’s ambivalence on the peace process; the inability to mobilize Israeli public opinion on the issue; Hamas; events in Syria and or Iran; a deflation of will in the Obama Administration in the face of resistance from the Israeli or Palestinian governments; and timidity on Mahmoud Abbas’s part.

We cannot overstate these impediments and difficulties. But if this is an opportune moment to restart genuine peace talks, it’s also time for us to recognize that standard methods must at the least be supplemented by new initiatives and ideas. Let’s be honest: Yes, there are spoilers out there who might derail the process; no, settlement projects won’t be halted beforehand; yes, Palestinian rhetoric in Arabic will continue to rail against Israel; no, the Arab states aren’t going to suddenly love and accept Israel.

But there are some things that can be done outside of existing conditions that might help smooth the process from here.

First, Washington will need to recommit itself, firmly, to the peace process. It seems like it might have done this already, but given new developments in Syria, growing American interest in Africa, and plenty of other foreign policy issues for the administration to deal with, the temptation to put the peace process back on cruise control and leave it “for now” might be strong. American will and commitment are needed to keep Israelis and Palestinians on track.

Second, real American pressure will need to be applied on both Israel and the Palestinian Authority (I think Hamas can be left aside for the moment). Carrots are great and necessary, but if the history of U.S. involvement in the peace process has taught us anything, it’s that sticks are relevant, too. Regarding both, real consequences in the international diplomatic arena (e.g., initiatives in the United Nations or other international organizations) are a good choice: the consequences for either actor are serious (loss of international political support) but won’t be life-threatening.

Third, a genuine and powerful leftist movement in Israel must be constructed outside of existing parties and groups (which is not to say these are irrelevant or should not be part of such a movement). There are already indications that Israeli leftwing groups are aware of this, but I’d argue that this needs to be translated into concrete action: the formation of grassroots movements across the country that will mobilize in the political arena and promote an agenda that calls for an end to the occupation not through dreamy slogans but through awareness of the actual costs to Israelis, which in turn will change the balance of external forces to influence the Knesset and the government.

This is the reality in which we’re operating. It’s time to simply accept it and work around it.

Explaining the Carter administration’s Israeli–Palestinian Solution

I published a (longer) article entitled, “Explaining the Carter administration’s Israeli–Palestinian Solution.” (html or pdf) It will appear in Diplomatic History. I think Carter’s approach laid the groundwork for the entire peace process that followed in the ensuing decades.

The abstract:

“This article challenges critics of the Camp David accords who acknowledge only limited accomplishments or contend the United States was covering for Israeli settlement expansion while seeking to thwart Palestinian self-determination. President Jimmy Carter and his administration sought to create a new pathway toward peace given the unwillingness of Israel’s right-wing government under Menachem Begin to support Israeli withdrawal from the West Bank and Palestinian statehood. Carter officials saw the U.S. ideas as a middle way that might get the ball rolling and open a door to peace, however partial and however tentative the process might be at the beginning. Their best-case scenario was that the new U.S. approach would start to transform what the parties thought was possible with regard to the Palestinian question.”

On Gaza-Israel, 2008-09

I published an article review of two articles that dealt with the 2008-09 battle between Israel and Gaza. The articles are Benjamin S. Lambeth, “Israel’s War in Gaza: A Paradigm of Effective Military Learning and Adaptation,” International Security 37:2 (Fall 2012): 81-118, and Jerome Slater, “Just War Moral Philosophy and the 2008-09 Israeli Campaign in Gaza,” International Security 37:2 (Fall 2012): 44-80.

The Resurgence of American Diplomacy in the Middle East

When President Barack Obama announced his trip to Israel, there was widespread speculation for the motivations. I thought it was a grab-bag of reasons, including for domestic political purposes, to connect (finally) with the Jewish-Israeli public, to improve personal relations with Prime Minister Benjamin Netanyahu, and to talk about Iran and Syria.

On these grounds the visit has already been a success. But it seems the trip was about American regional diplomacy at least as much as it was about the American-Israeli relationship. This makes sense: In his second term Obama is looking to shape his legacy, and can now be more proactive—as opposed to reactive, as he was at the onset of the Arab Awakening—in foreign affairs without having to worry about re-election. It’s clear now that the point of the visit was to set the conditions for an improvement in the U.S. position in the region.

For some time analysts have been convinced that the U.S. is on its way out of the Middle East, retreating or simply impotent in the wake of the Arab Awakening. But this argument rests on a consideration of American hard power only, reads Obama’s hesitation in his first term into his second, and ignores Obama’s own modus operandi.

To understand Obama’s foreign policy we need to look at the preference he’s had for engaging with Republicans on domestic policy. Here he’s adopted a patient, low-key role. His habit has been to let other prominent individuals or groups engage in public battles over a given issue, and at some moment near the end move quietly in to offer suggestions—not orders or demands—to both sides of a dispute. In this way, he persuades them that butting heads has not worked, but that compromise will.

Obama’s trip to Israel was an exercise in in this type of American soft power. First, during his time in Israel, he charmed Netanyahu, a man with whom he previously had very tense personal relations. Having created space with its leaders, Obama then gave a stirring speech to Israeli students at the Jerusalem Convention Center. He highlighted the Jewish connection to the area, bore witness to the Jewish/Zionist struggles over time (including their contemporary security concerns), and called on them to act now in the name of Israeli Jewishness and democracy, and justice for Palestinians. These themes were echoed in a shorter speech at Yad Vashem. His visit to sites of memory and identity in Israel also validated Jewish-Israelis’ Zionism.

While critics argue that this is pandering or represent the usual ignoring of Palestinians, connecting with Israeli public opinion is important. No final agreement will be ratified in Israel unless politicians know enough Israelis (particularly Jewish Israelis) are on board with it. Given the skepticism of the Palestinians and the peace process more generally among that cohort, laying the groundwork isn’t just good politics, it’s essential.

Second, at the very end of his trip, Obama brought together Netanyahu and Turkish Prime Minister Recep Tayyip Erdoğan through a phone call that, for all intents and purposes, settled the most outstanding of their immediate disagreements (an Israeli apology for and compensation over the deaths of Turkish citizens killed during the attack on the Mavi Marmara in 2010).

It’s not clear that Obama promised either of the two anything specific, but what he did do was remind Netanyahu and Erdoğan that the region is at a critical moment, and that the two countries have common interests that trump these kinds of disputes. Like a mediator, he made sure that they knew all of their interests—including that of the United States—required coordination, even if it didn’t include full agreement on all issues.

Third, Obama appears to have convinced the Israelis that the Fatah-controlled Palestinian Authority in the West Bank really is their only partner for peace, particularly as Hamas’s regional stature continues to rise. To this end, the Administration has managed to unblock $500 million in aid to the PA, which Congress had previously frozen, at the same time that Jerusalem has decided to resume transfer of tax revenues to the PA, also frozen after Mahmoud Abbas asked the United Nations General Assembly to grant the Palestinians non-observer member state status.

Finally, Obama has publicly discussed bringing the Arab states more directly into the peace process. This will provide political cover for the PA to make unpopular decisions about concessions during talks. But tying the Arab states to the negotiations further isolates Iran, and also gives them a stake in the outcome.

The conventional wisdom is that the Israelis and Palestinians aren’t interested at this point in resolving their conflict, and that the Arab Awakening, Syria, and Iran are forcing the White House to wait on events more than seek to manage them. But Obama’s trip to the region has demonstrated that this isn’t true.

Certainly there is a long way to go before Israelis and Palestinians make peace, before Saudis and Israelis overcome decades of hostility, or even before Israelis and Turks return to full normalized relations. But even still, it’s clear that Obama is preparing a network to support Washington’s leadership vis-à-vis Iran and Syria, and to better respond to the Arab Awakening.

He’s done all this quietly, by lowering expectations beforehand, and by convincing Israelis, Palestinians, Turks, and Arabs that they share common goals. This is the essence of persuasion. Obama’s ability to project American hard power in the region might be fading, but that’s not the case with American soft power.

Obama’s Successes in Israel

At Open Zion I argue that Barack Obama’s trip to Israel was very successful:

On Twitter, Blake Hounshell asked if President Barack Obama’s trip to Israel was a “huge” success or not. I think we first have to define what we mean by “success.” But by the definition that Obama himself set out, albeit vaguely, and the unforeseen consequences, I think it was, certainly, a “huge success.”

In fact, it was this very vagueness that underlined the success. By downplaying expectations of any dramatic new initiatives on any policy issue, Obama laid the groundwork for excitement whenever he did touch on these (whether Iran or the peace process). By pulling back from an active American role, he also helped Israelis feel in control of their foreign policy at a time when the country has been subject to intense demands from all corners about how to behave and what to do regarding Iran or the Palestinians.

He washed away some of the personal tension that existed between him and Prime Minister Benjamin Netanyahu, which in turn builds the necessary capital for coordinating with him on Iran and pressing him on the peace process.

Obama gave Israelis the impression that he does care about them, he is looking out for their security, and he does understand them. His speeches at the Jerusalem Convention Center and at Yad Vashem both invoked the Jewish past and connection to the Land of Israel, the insecurity that drives much Israeli behavior, and the rightness of their Zionism. To this end he also visited all the right sites in Israel, tying together the Jewish-Israeli experience over centuries.

In a country with such fractured political and ideological opinions, Obama could never make everybody happy. But there was enough there for most: for leftists he laid heavy emphasis on the immorality and injustice of the occupation. For the right he repeatedly committed himself to Israel’s security, implicitly noting that it’s not just about the balance of material forces but also about perceptions and history. (Of course, his comments regarding the former undermined some of the goodwill his comments for the latter might have generated.)

We cannot judge the success of the trip by looking at the Palestinian reaction simply because the trip wasn’t about them. There was a small detour—and that’s what it was—to visit President Mahmoud Abbas and then Bethlehem, and this gave the impression of American support for the Palestinian Authority. But Obama wasn’t out to reassure the Palestinians. Fair or not, Washington thinks that it’s Israel that needs to be warmed up for negotiations; the Palestinians will probably come along (perhaps with some necessary arm-twisting) because they aren’t in a position to do anything but. And they can’t be bought off with a few speeches and visits to sites of identity because the occupation will still be there once Obama leaves.

But in his Jerusalem speech Obama did humanize the Palestinians in a way they rarely have been in Israeli political discourse. This might not seem like much from Hebron, but it can make a difference among the Israeli public, which will be needed to pressure Bibi into making any progress in peace talks.

Unexpectedly, Obama also brokered a reconciliation between Bibi and Turkish Prime Minister Recep Tayyip Erdoğan. Not only did they speak by phone, but Bibi apologized to Erdoğan for the deaths of Turkish citizens killed during the Mavi Marmara affair. The repairing of that relationship is good for everybody, but it also enhances Obama’s position as facilitator of regional diplomacy. This is necessary as the American position in the Middle East changes in the wake of the Arab Awakening, and as things with Iran come to a head.

So yes, this was a successful visit in the short term. In the longer term it’s obviously too early to say: regional events can take an unanticipated turn with unforeseen consequences. The politics of the new Israeli government have yet to play out, and it’s not clear what that will mean for Israeli foreign policy. But for now, Obama can deservedly bask in the glow of his trip to Israel—at least until his return to the drama of Washington politics snaps him out of it.

Israel’s New Defense Minister Ain’t Ehud Barak

With the new coalition about to be put in place, the Defense Ministry will go to Likud’s Moshe “Bogie” Ya’alon, the former Minister of Strategic Affairs. In the past I argued that Ehud Barak would be missed as Israel’s Defense Minister, because of the restraint he could exercise on both Iran and settlements. Ben Caspit argues that Ya’alon is moderate, thoughtful, and careful. But I’m skeptical. His recent statements on Iran and the peace process (including the settlements and a Palestinian state) seem more in line with Benjamin Netanyahu, or even more with the hardliners in the party.

On Iran, Ya’alon believes—like most Israeli leaders—that it is the major strategic threat to the country. But where Barak viewed the use of force (against Iran or the Palestinians) as part of a larger foreign policy tool kit, Ya’alon seems bent on a military strike against Iran—sooner rather than later—to prevent it from acquiring a nuclear weapon. He’s said that “The best defense is a good offense.” And he seems to have a less positive view of President Obama’s support for the Israeli position than Barak did, which could cause problems for coordination between Israel and the United States.

On the peace process, Ya’alon is more in line with Netanyahu’s “there is no Palestinian partner” argument, particularly when it comes to the demand to recognize Israel as the Jewish state. Indeed, this past January he ruled out any possibility of a Palestinian state.

Ya’alon is also less interested in the open exchange of ideas and criticism. When he attended a Jewish Leadership conference (a far-right faction within Likud whose head, Moshe Feiglin, advocates for the construction of a Third Temple), he called Peace Now a “virus” and continued that “Jews can and need to live in all of the Land of Israel for all eternity.”

Certainly Barak was no Peace Now member: he authorized “illegal settlements” and allowed his ministry, and the IDF, to facilitate the expansion of “legal” settlements and violent attacks by settlers against Palestinians and their property. But he wasn’t an unrestrained Greater Israel advocate either. This seems to have angered Ya’alon, who once called for Barak’s authority to determine settlements (which belongs to the Defense Minister) to be stripped away and given to others.

All of these hard-right positions will be amplified in the new government, because Ya’alon is not a serious contender for power either in Likud or in government. He can be counted on to support Netanyahu’s policies on the peace process and Iran, and because Bibi doesn’t view him as a threat he’ll be brought in to reinforce Bibi against Yair Lapid and Tzipi Livni.

As I said before, we’ll soon miss Barak.

Bibi’s Coming Unstable Coalition

Over at Open Zion I argue that the coalition government Bibi is about to bring together will have tensions automatically built into it. This will likely cause the coalition to collapse before it serves out its full term:

By all accounts, the coalition negotiations in Israel will conclude in the next day or two, with a government in place by the end of the week. It’s been expected for some time now that the government will be composed of Likud-Beiteinu, Tzipi Livni’s HaTnua (which has already signed a coalition agreement with Benjamin Netanyahu), Yesh Atid, Jewish Home, and Kadima.

With a total of 70 votes in the Knesset such a coalition would be—in theory at least—very stable. But it’s more likely that the coalition will build into itself the very conditions for its early demise.

Netanyahu could well be the only one involved in the coalition discussions who isn’t happy about leaving the haredi parties, Shas and United Torah Judaism, out in the cold. Though it might seem as though general agreement on leaving them out is a stabilizing factor, it could instead lead to a greater effort by these parties and their constituents to push hard to change the calculus of voting and politicking in the next round of elections, or even before then.

After all, despite the fact that they have already begun preparing for their exclusion, the haredi parties aren’t out of the game yet. There are enormous implications to their absence from government, including a redistribution of the resources that used to go to their communities; the nature of the military draft; the status of halacha in personal status issues ranging from marriage to divorce to citizenship; and genuine reform of the electoral and political systems. Because all of these would directly affect their political power, they can be expected to continue to fight even after the agreement is signed to return to power. This includes enticing Netanyahu away from Jewish Home, the party they apparently now see as their primary obstacle if not enemy.

There are still some issues to be hammered out in the coalition bargaining, including which party gets how many and which ministries and the framework that will govern Israeli policy toward the peace process (which may require a renegotiation of Bibi’s agreement with Livni). It’s likely the intense discussions between Likud, Yesh Atid, and Jewish Home continuing to take place will resolve at least most of these issues, but it’s just as likely they’ll paper over the differences. Signing an agreement on these policy problems and actually following through on them are not the same thing. The latter will be even harder than the former. In other words, any of these issues could crack open the coalition.

Personal ambitions and differing party objectives will probably also serve to make the coalition more fragile than it might appear on the surface. Yesh Atid’s leader Yair Lapid is skeptical about taking on the Finance portfolio. Given the necessity of major changes to the economy and the budget, whoever takes that Ministry will be extremely unpopular among much of the population and will be subject to intense and competing demands from other ministers for a share of the shrinking pie. Whatever comes out of such reforms could well affect his party’s ability to compete as successfully in the next election, and thus change the distribution of votes. He’ll be very much aware of these implications.

Similarly, Jewish Home’s position on settlements and Israeli sovereignty over the West Bank is at odds with all of its coming coalition partners except Likud-Beitinu. Despite Naftali Bennett’s insistence that the peace process should not lead to any serious change in the status quo (unless it’s to annex parts of the West Bank), Livni’s presence in the government, President Barack Obama’s coming visit to Israel, and a host of other conditions all point to a renewed interest in the peace process. If Obama is successful at convincing Israel to adopt his position regarding Iran, he’ll be able to demand something in return.

Similar to George H.W. Bush’s trading of Iraq for Madrid, Obama could well demand something concrete on negotiations with the Palestinians, and Netanyahu will be open to such pressure. This, in turn, would likely push Bennett out of the coalition.

A successful conclusion to the negotiations would be welcome so that the government can get back to the process of governing. But the fact that it was so difficult to get to this point, and that there are plenty of issues requiring urgent attention but with no easy solutions, indicates that plenty of uncertainty will remain even after the agreement is signed.

The Knesset’s Opportunity

Amir Mizroch has smartly laid out what Israeli party leaders, especially Yair Lapid, need to do for the good of the country. But today the Knesset also has an opportunity to effect real change in Israel.

Historically Israel’s parliament has not been very strong vis-à-vis the government. The structure of the electoral system, the nature of coalition governments, the sheer variety of parties in the Knesset, and the security situation (which privileges government secrecy and allows for lots of latitude in decision-making) all combine to strengthen the executive at the expense of the legislature.

But if enough of its members work together on specific issues, the Knesset can, I think, push for important changes on a wide range of domestic issues. Of course some members will be inside the government and some outside of it. But with coalition agreements always resting on a knife’s edge, and many new activists now in parliament, there are several issues they can find common ground on, even apart from the most prominent one (sharing the burden). There is a real need for changing societal attitudes about race and ethnicity, improving the status of women, reforming the education system, developing infrastructure, finding a more equitable distribution of resources, and teaching tolerance between communal and sectarian groups.

Yesh Atid’s list is filled with people who have worked in these and other areas. So is Labor’s. Even Tzipi Livni’s Hatnua has Amir Peretz and Amram Mitzna. A strengthened Meretz and a bloc of Arab parties that are also concerned with the same issues could add further votes to any such efforts.

Moreover, Livni and the Arab parties could leverage their support for domestic issues into reinforcement for their other concern, the Israeli-Palestinian conflict. This, in turn, has a feedback loop for the reduction in militarism in Israeli society, the clamping down on dissent, and a decline in the politics of fear.

The obstacles to this kind of cooperation are numerous, obviously. That doesn’t make it any less important to try. If the speeches that many Knesset members have given at their inauguration are anything to go by, and individuals can put aside their own political ambitions and petty squabbling, there is a chance.

Changing the operative principle of Israeli-Palestinian negotiations?

I agree with Shai Feldman that if Israeli-Palestinian negotiations start up under President Obama, the way in which talks are conducted needs to change:

Requirement 5: Change the operative principle of negotiations. The principle upon which Israeli-Syrian and Israeli-Palestinian negotiations from Camp David to Taba were based—nothing is agreed upon until everything is agreed upon—should be dropped. It had a toxic effect because it meant that any progress achieved was held hostage to the most difficult issues. Instead, the opposite principle should be adopted: whatever is agreed upon should be implemented. This will allow Israelis and Palestinians to see progress on the ground. And however small that progress might be, it will be very significant given the present pessimism among Palestinians and Israelis alike.

But I think it is also important to note that his new principle creates a new problem. Negotiating parties may want to see the whole picture before they make fundamental concessions. That is, before Israel concedes Palestinian sovereignty in many parts of East Jerusalem or before the PA accepts the right of return in theory but not (really) in implementation, they may want to see the big picture and make sure they get reciprocal concessions of equal value.

In other words, Feldman assumes the issues can be disentangled and that may be true to an extent with initial measures and minor issues. But I wonder especially if on the core issues that will be hard to do. Both sides may need to construct hypothetical scenarios of mutual concessions before they commit. Since you cannot always negotiate about parallel issues at exactly the same time or pace, you may end up with breakthroughs at different times, in which case you may have to wait for other issue baskets to ‘catch up.’

We may really need both principles with clearly demarcated areas in which they apply.