Bibi’s Not in Trouble

For all the talk that Benjamin Netanyahu doesn’t want to be the one to walk away from peace talks, that he fears the global campaign of delegitimization of Israel, and of the dire consequences of failure for Israel, Bibi’s not in any real trouble at the current impasse (assuming it really is an impasse) in Israeli-Palestinian negotiations at this point. He can coast on the status quo, I think, for some time to come. Indeed, his balking at the release of the fourth group of Palestinian prisoners indicates he thinks there’s room to do so.

I’ve argued before that Bibi is a pragmatic opportunist. He prefers the status quo but everything about his temperament, his history, and his politics demonstrate that he’ll move if pushed. But that push has to be serious, and it has to come from outside as well as from within the country.

Thus far the external pressure in talks has been pretty mild. John Kerry has bent over backwards to accommodate Bibi’s demands, seemingly working to get Bibi’s approval of an issue or proposal first before then taking it to the Palestinians for discussion. There doesn’t appear to have been any serious sticks applied to the Israeli delegation (though to be sure, we do not have a lot of information about the specifics of the negotiations), but there have been a lot of carrots—the Jewish state demand, Israel’s position on the Jordan Valley.

Whether it’s because President Obama is distracted by other events, because he doesn’t think he has the necessary domestic political capital, or because Kerry believes the key to genuine progress lies with Bibi rather than with Abbas, the Americans have simply been unwilling to bring the necessary pressure to bear.

On the domestic front, Bibi is doing well. The rebels in Likud who have been consistently challenging him on policy have not gotten anywhere. They haven’t been able to take control over the party’s governing institutions, and they haven’t been able to stop the talks or the prisoner releases (though it seems some movement on the latter issue is growing). Former Shas member Haim Amsalem has now joined Likud, and while it seems to be because he had nowhere else to go, the move still demonstrates the importance of Likud in Israeli politics. Recent polling has the electoral list of Likud-Yisrael Beiteinu gaining a few seats.

More importantly, the left still does not pose a serious electoral challenge to Bibi. It hasn’t presented an alternate message, and there doesn’t seem to be a coherent strategy to create one. In fact, Labor leader Isaac Herzog, for all the talk of him being able to present a more serious threat to Bibi than Shelly Yachimovich, seems to be agreeing more with Bibi’s bargaining positions than Shelly ever did. His main argument is that he doesn’t think Bibi is willing to go all the way to a peace deal. It’s not a message the electorate can rally around.

Of course a lot can happen to disrupt things and generate pressure on Bibi: a breakdown in talks over Iran’s nuclear program, a sudden uptick in Israeli-Palestinian violence. But these are unplanned developments rather than carefully thought out policies designed to bring the conflict to a resolution. That’s not an effective strategy for such an important issue.

Recognizing Israel as Jewish Won’t Protect It

John Kerry’s focus of late has been to convince the Palestinians to recognize Israel as a Jewish state (or some version of one) as part of the framework for continuing negotiations. Many in Israel and in the U.S. have picked up on this call as a necessary component to achieving real peace, because it would convince Israelis that the Palestinians have truly given up all claims on the State of Israel.

In addition to what such a recognition would do to Palestinian citizens of Israel and to Palestinian identity (both concerns are, I think, dismissed too easily), formal Palestinian identification of Israel as Jewish won’t protect it against future claims. In Haaretz I explain why, with an emphasis on international law and the ingredients for successful settlement of border disputes.

Here’s the basic point:

But asserting that Israelis’ concerns might be eased because Mahmoud Abbas says so is questionable. Even more importantly, there are no legal or political mechanisms that can translate such recognition into protection against future claims. But there are legal and political mechanisms, as well as historical precedents, that can protect the State of Israel against claims on its territory—which is the real issue.

Follow the link for the complete piece.

How to stop the Israeli occupation: An answer to Corey Robin

Corey Robin asked the following about the ASA’s recent pro-BDS resolution:

For the last month I’ve been responding to critiques and challenges of BDS. Now I have a question for its opponents and critics. What do you propose as an alternative strategy?

I am not sure I am entitled to answer since I have not written any critique of the ASA resolution, but I think you have to ask a prior question. If you are an American academic association and you want the Israeli occupation of Gaza and the West Bank to end, what tactics are most likely to work? (No guarantees; history obviously shows coercion can work for a very long time.)

In others words, what is more effective, the ASA endorsing “a boycott of Israeli academic institutions” or the ASA doing something else? I pick something else.

If I were counseling the ASA, I would suggest the following:

1. You are, I imagine, mostly* residents of the United States. If that is the case, the best thing you can do is lobby the US government to change its policy toward Israel-Palestine. However limited, you have access to US halls of power that a Palestinian in Nablus does not. Change your own government. So pass a resolution condemning current US policy. Write. Call. Visit. Donate. Form a PAC. Organize. Vote.

2. Focus on the denial of academic freedom to Palestinian academics and universities. Work to break it down. Hold conferences and workshops with Palestinian professors. Engage in joint projects. Given the difficult travel policies they face, allocate funds to bring them for scholarly exchanges. I do not know what the MLA will ultimately do, but a draft text I saw went more in this direction. A related variant: formally support Israeli academics who oppose the occupation.

3. Publicize and support on-the-ground Palestinian efforts based on non-violent change. People should know about movements in Bil’in and Budrus and Nabi Salih and Sheik Jarrakh and the like.

Make that list the operative part of the resolution, and the ASA will still get a lot of pushback. But the ASA will also have a better chance of effecting meaningful change.

(For the sake of discussion, I set aside the Middlebury objection. That’s a prior issue the ASA has to address.)

* Please correct me if “mostly” is inaccurate.

Lieberman is Back

Avigdor Lieberman has been acquitted of all charges of fraud and breach of trust. This will have considerable effects on Israeli politics and foreign policy.

As Carlo Strenger writes, Lieberman will now feel emboldened and be in a stronger position to pursue his goal of becoming the top leader of the right in Israel. This will, as Amir Mizroch notes, have a direct impact on coalition politics in Israel.

In foreign policy terms it’s likely the impact will be even starker. A country like Israel—small, in a protracted conflict, surrounded by hostile forces—relies heavily on great power support. Yet Washington is already suspicious of Jerusalem’s intentions, while Europe is increasingly willing to separate Israel from the West Bank. These conditions require Jerusalem to navigate varied and sometimes conflicting interests and pressures with nuance, tact, a long-term perspective, and a commitment to maintaining friendly and close relations with its benefactors. Lieberman is not the man to do this.

He is better known for his bombast and belligerence than his discretion and diplomatic skills. In 2001 he proclaimed that Israel should bomb Egypt’s Aswan Dam if Cairo turned its back on Israel. In 2009, when Shimon Peres and Ehud Olmert apologized to Hosni Mubarak for Lieberman’s comment that Hosni Mubarak can “go to hell,” Lieberman compared their behavior to that of a “battered wife.” In 2010, at a private dinner, he scolded French and Spanish leaders on solving Europe’s problems first before turning to the Middle East; he then gave his comments to the Israeli press. In 2012, he equated Europe’s position toward Israel with its position toward the Jews in the period leading to the Holocaust. This August he compared Turkish Prime Minister Recep Tayyip Erdogan to Nazi propagandist Joseph Goebbels.

None of this is helpful and there’s no evidence Lieberman has learned to temper his reactions to decisions and events he doesn’t agree with. Take two of Israel’s most urgent foreign policy issues: the peace process and reconciliation with Turkey.

The peace talks with the Palestinians have certainly been difficult from the beginning, and they may be breaking down even sooner than expected. But if Lieberman disdains Arab and European leaders for not adopting Jerusalem’s positions, he seems to hate Palestinian leaders, particularly Mahmoud Abbas. In theory he supports a two-state solution, and has even claimed he’d leave his home in the settlement of Nokdim if it is actually achieved. But in practice his conditions don’t leave much room for progress: he mistrusts the Palestinians, wants a very constrained Palestinian state, opposes the division of Jerusalem, and prefers to exchange Palestinian citizens of Israel for settlers.

Israel is also at a delicate moment in the reconciliation process with Turkey. Granted, the process is stalled because of the Turkish government’s reluctance to move forward. But at least there is a process, a forum for discussion. Lieberman would prefer there be no process at all. Recall that the Israeli apology to Turkey for what happened on the Mavi Marmara took place only after Lieberman left office. He was adamantly opposed to any expression of wrongdoing, and generally thinks apologizing is poor policy and a reflection of weakness.

It is certainly not all Israel’s fault that it’s in the position it is. The Palestinians and Turks deserve their full share of the blame for lack of movement in their negotiations, for instance. But Jerusalem cannot escape its responsibilities, either. With Lieberman as Foreign Minister and a member of the innermost cabinet, Israel’s positions on these and other issues will harden. Even apart from his personal inclinations, his reinvigorated effort to follow Benjamin Netanyahu into the prime ministry will push him and his rivals to adopt more hardline policies as they compete for support from their rightist base. All of this will make it much more difficult to strengthen ties, build trust, and persuade others of the validity of Israel’s position.

Foreign policy—again, especially for small states—requires the ability to adapt to changing conditions, constraints, and opportunities. It’s just not clear Lieberman is interested in doing so.

Yes, Israelis Are Open to a Palestinian State

Writing in Mondoweiss, Alex Kane argues that, based on the most recent poll by the Israel Democracy Institute, Israelis don’t actually want a two-state solution—contrary to a slew of previous surveys—because their version of a Palestinian state is so truncated and unviable that it’s not acceptable to Palestinians. He concludes that “Israeli society is too wedded to the continuing colonization of Palestine for a Palestinian state to come into being.”

Kane raises a fair point—that Israelis aren’t clamoring to leave the entire West Bank in return for a Palestinian state on the entire territory—but his argument rests on several presumptions that I don’t think can be taken as indicative of Israelis’ or Israel’s final position on a peace agreement with the Palestinians.

First, Kane assumes that public opinion polls determine outcomes. The general findings are that, in democracies, public opinion sets parameters rather than makes specific government policies, particularly in foreign affairs. This isn’t to say that governments can’t ever make policy with which the public disagrees; or that public opinion can’t constrain governments. But this general historical pattern, and indeed the specific historical pattern in Israel, indicates that if the Israeli public broadly and consistently supports peace with the Palestinians, which I think even Kane agrees is demonstrated in polling, then the government has the space to move forward on the peace process.

Kane draws a straight line from public opinion surveys to the specifics of a deal. But that’s not what public opinion is used for, nor how it’s properly understood. In some areas, for example, surveys on how people will likely vote, public opinion polls can be fairly accurate. But this is less so on critical foreign policy issues. It’s not the Israeli public that will determine the specifics of a deal. No-one has ever said getting to a final agreement would be simple, but we have plenty of previous official negotiations and track two efforts that show what Kane is concerned about may not be unbreachable obstacles when Israeli and Palestinian negotiators get close to the endgame. There’s nothing to support the conclusion that the Israelis will get everything they want, as expressed in the recent Israel Democracy Institute poll that Kane builds his case on; the negotiators themselves have said that “all issues” are on the table.

Second, Kane specifically mentions Ariel and Ma’ale Adumim as stumbling blocks, because most polls indicate Israelis want to keep them. They will probably prove to be two of the settlements over which negotiators will fight most. But that doesn’t translate into an inevitable inability to resolve the issue. If Israel keeps them, it might well be that Palestinians will be compensated for them through land swaps and a complex arrangement of corridors and alternate routes to Jerusalem and around the West Bank.

Third, Kane mentions the demilitarized nature of a Palestinian state as something likely to block an agreement. I’m not sure why this should be considered more of sticking point than Jerusalem or the right of return, but there isn’t anything to suggest that “demilitarized” can’t be finessed in talks. It might be a temporary Israeli or international military presence in the Jordan Valley; it might mean a defense treaty between Israel and Palestine giving the former the right to send soldiers through the latter’s territory to fend off a threat from the east; it might be a well-armed Palestinian police force but no military. It could mean many things—especially because there is a growing understanding in Israel that the Jordan Valley isn’t as necessary for Israel’s security as it once was. But being demilitarized isn’t something that will make or break a final agreement, nor is it the sin qua non for Palestinian statehood.

Fourth, the details of each poll that Kane references are important. At +972 Dahlia Scheindlin has a sharp and careful analysis of Israeli polls on peace talks. She points out there are real differences in the types of questions asked, and therefore the specific conclusions that commentators can draw from a single poll or question. Given these differences, it’s clear that there is considerable room to maneuver in negotiations, which gets back to my first point above. I highly recommend reading her piece in full.

Finally, Kane switches arguments to contend that Benjamin Netanyahu is not the leader to bring Israel into a final agreement. That’s probably where I agree most closely with him. I’ve argued that I’m skeptical Bibi will be the one to sign a final agreement. Maybe he will, but even if he doesn’t, a genuine process under Bibi will help maintain a positive atmosphere for continued negotiations under his successor. (I’m not suggesting the process continue for its own sake; I’m speaking of a serious set of talks.)

Even more importantly, the historical pattern favors Bibi. All of Israel’s prime ministers who engaged in talks with the Palestinians were hawks, all hardline in their own way. In his first term as prime minister, Yitzhak Rabin refused to consider the PLO a serious negotiating partner; as late as January 1993 he rejected direct talks with the organization. Yet he signed the Declaration of Principles and accepted in private the likelihood of a Palestinian state run by the PLO. Ehud Barak as Chief of Staff expressed considerable reservations about the Oslo Accords and as a politician abstained from the Knesset vote on Oslo II; yet at Camp David and Taba he broke longstanding Israeli taboos on final status issues. Ariel Sharon once said that “the fate of Netzarim [in Gaza] will be the fate of Tel Aviv”; in summer 2005 he withdrew all Israeli civilians and soldiers from the Strip. And Ehud Olmert was once considered a hardline rightist opposed to a Palestinian state; he now regularly talks about the coming division of Jerusalem.

What I’m saying is that the public declaration of leaders are important and need to be accounted for, but they aren’t necessarily the final determinant of their actual policies. The four prime ministers before Netanyahu are proof of this, while Bibi himself has been softening his own position on a Palestinian state. This is not to say that these Israeli leaders suddenly began to read from Mahmoud Abbas’s script; and clearly there were still gaps between their opening positions in negotiations and a fair, just solution for both peoples. But the difference between their previous statements and their later positions also cannot be ignored; it’s for sustained negotiation to bridge that gap.

If we want to look at Israeli public opinion and historical patterns, as Kane does, then they are at worst ambivalent about outcomes and dependent on conditions, and at best give concrete reasons why we can remain optimistic and hopeful for real change.

Why Release Terrorists?

At Open Zion I explain why Benjamin Netanyahu agreed in principle to release 104 Palestinian prisoners, many of them jailed for terrorism, as a gesture to Mahmoud Abbas in advance of peace talks. In one sentence: the political and security costs were small.

In light of this, then, it’s easy to see why Netanyahu decided that releasing these prisoners was the best way to go in order to persuade Palestinians to return to talks. The security and political price was relatively small and easily absorbable. In his analysis Cohen continued that the release of these prisoners would also lead to “calm” in the West Bank, dampening dissatisfaction with the process and undermining the motivation for a broader uprising. The release is also to take place over stages, and can be stopped any time Israel decides the Palestinians are not meeting their own obligations. And there is probably a sense that many who might engage in terrorism will get caught by normal counter-terror operations anyway.

Israel already has a long history of letting prisoners go not only in return for captured soldiers or whose bodies have been held by Palestinian militants, but also as part of specific political agreements or processes, which provides a ready framework for policymaking. Of the current available options, a settlement freeze or a declaration of the 1967 lines as the basis for talks would, Bibi feared, undermine Israel’s position regarding settlements, serve as a commitment to withdrawing from virtually all of the West Bank, and allow the Palestinians to pocket these concessions without having given anything up at all.

Read the piece for more.

Martin Indyk and His Critics

At Open Zion I have a piece arguing that Martin Indyk would be a good choice to lead John Kerry’s negotiating team in Israeli-Palestinian discussions in Washington. It’s wrong to blame him, as some have, for the failures of America to force Israel and Palestine into an agreement. It’s also wrong to presume that his former association with AIPAC and WINEP taints him.

Follow the link for the piece.

The Domestic Politics of Israeli Peacemaking

At Foreign Policy’s The Middle East Channel I have a piece on how Israel’s domestic politics might facilitate a genuine Israeli effort in peace talks with the Palestinians. Here’s a teaser:

The (possible) resumption of direct and high-level talks between Israel and Palestine has generated a wide range of reactions among analysts and pundits. Much of it has been negative, particularly when it comes to presumptions about Israeli intentions. The standard assumption among observers is of a stronger rightwing government, with a couple maybe-centrists here and there, facing off against a weaker leftwing opposition — a formula that many assume can only mean the continuation of the status quo.

Things may turn out that way, but we simply cannot know at this point. Information is contradictory and incomplete. More importantly, the domestic politics of peacemaking in Israel encompasses multiple considerations among a variety of parties. It is too simplistic to contend that Prime Minister Benjamin Netanyahu is a rightwing ideologue who is only stalling for time, while Israel’s intra- and inter-party struggles and politicians’ personal ambitions will exert considerable influence over how committed Israel is to talks.

Follow the link for the rest of the piece.

 

 

Samantha Power and Israel On The Hill

Over at Open Zion I made a few comments about Samantha Power’s performance during her Senate confirmation hearing. I thought that overall she gave intelligent, honest answers, with some avoidance of certain issues–but hey, it’s an opportunity for Senators to grandstand more than anything else! Still, there was some serious discussion, and that’s a good thing:

I don’t know Samantha Power personally, but I’ve followed much of her work; I’ve used her seminal book A Problem from Hell in my university courses. Based on what I’ve read, her performance in the hearing, and everything that’s been written about her passion, sense of moral responsibility, and awareness of the constrains of actual policymaking, I’m not worried she’ll “throw Israel under the bus” (to use Mitt Romney’s favorite term), nor do I think she’ll give up American sovereignty in order to be ruled by the United Nations.

Follow the link for more.

Points of (Dis)agreement on a Two-State Solution

With rumors swirling that US Secretary of State John Kerry is close to convening Israeli-Palestinian negotiations, it seems like a good time to remind ourselves about the various aspects of a two-state solution. In short, what issues are likely settled and what issues are open to question? The list is admittedly not set in concrete, especially number two, but why not start somewhere:

1) The aim is two states, Israel and Palestine.

2) The June 4, 1967 lines are the starting point or basis (exact word matters) for the border between Israel-Palestine.

3) Land swaps (concept).

4) West Jerusalem as Israel’s capital. East Jerusalem as Palestine’s capital.

5) No full implementation of the Palestinian right of return.

6) Isolated Israeli settlements in West Bank are withdrawn.

Lingering questions:

A) What happens to the holy sites in Jerusalem?

B) Is Palestine demilitarized, non-militarized etc? Pick a word.

C) Will Israel acknowledge Palestinian suffering (exact wording matters) in 1948?

D) Will Israel agree to the token admission of Palestinian refugees?

E) Do Palestinians concede the Ariel salient? Maale Adumim?

F) Will Palestinians accept the “Israel is the Jewish State” language?

G) Will Israel hold out for a Jordan Valley presence?

A lot of judgment calls. What would you add or change?