01/19/15

Without Recourse

Arlene from Israel

It should be, even in our less than perfect world, that international courts were bastions of ethical judgment and impartiality. OK, maybe that’s expecting too much.  Shall we say, just institutions that model some degree of ethical judgment and impartiality. But even this is expecting too much in today’s climate of severely distorted perceptions and values.

The court I have in mind, of course, is the International Criminal Court, which is just one more corrupt – and politically correct – international body.  As today’s JPost editorial has it: the court is unable to “differentiate between good and bad.” Ah, yes.

On Friday, Court prosecutor Fatou Bensouda announced her decision to initiate a “preliminary probe” into alleged war crimes committed by Israel this past summer during the war in Gaza (Operation Protective Edge).  This is to determine whether prosecution is appropriate.

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In order to do this, she had to stretch credibility in several regards.  First, she had to determine that, for purposes of the Court, the Palestinian Authority was a state.  Never mind that the PA does not meet all the criteria of a state, the General Assembly – another upstanding institution – has accorded the PA status as an observer state. The ICC says that’s enough.

And then, she had to maintain the fiction that Gaza, which is controlled by Hamas – a terrorist organization, is part of that “Palestinian state.” This was necessary, because a state that accepts the ICC’s jurisdiction can only bring charges in crimes committed within its own borders.

Lastly, she had to overlook the fact that the IDF routinely does investigate charges regarding behavior in the field and pursues prosecution when this is deemed necessary.  The IDF – the most moral army in the world – is, in fact, super-scrupulous in this regard.  But the Court, you see, is only supposed to step in if such systems are not in place.

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International lawyer Alan Baker continues to say this will come to nothing, and that we only serve Abbas’s purposes when we become agitated about this situation.  So we will not be agitated.

Prime Minister Netanyahu called the Court decision “absurd,” which it is.  The Prime Minister’s Office released a statement that said, in part:

“We see here something truly tragic. The lofty goals of the ICC are being turned upside-down. The court was founded to prevent a repeat of history’s worst crimes, foremost among them the genocide of six million Jews. Now the Palestinians are cynically manipulating the ICC to deny the Jewish state the right to defend itself against the very war crimes and the very terror that the court was established to prevent.”  (Emphasis added)

But the Court cannot be “manipulated” without its consent.  Bensouda could have ruled that the PA was not a state.  I see something very perverse in Palestinian Arab involvement with international organizations, which are prepared to voluntarily distort their essence or their mandates in an effort to be politically correct.  The PA is such a very minor player in the scheme of world affairs.  What gives it this power?

The State Department, I must note, said, “We do not believe that Palestine is a state and therefore we do not believe that it is eligible to join the ICC.”

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Actually, I shouldn’t say, as I did above, that we are “without recourse.”  This is true with regard to the international institutions where we might have expected some modicum of support.  But we certainly have recourse to our own sense of good and bad, and, most importantly, to the judgment of Heaven.

There are, as well, nations that are with us.  I note in particular Canada – Canadian Foreign Minister Stephen Baird has just been here, lending words of support.

He told Netanyahu: “Canada doesn’t stand behind Israel; we stand shoulder-to-shoulder with it…The great struggle of our generation is terrorism and far too often the State of Israel and the Jewish people around the world are on the front lines of that struggle.” (Emphasis added)

Can we clone him?  On his visit to Ramallah on Sunday, Arabs pelted his car with eggs because of his pro-Israel stance.

Canadian Foreign Minister John Baird.
Credit: Miriam Alster/Flash 90

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Missiles fired from two helicopters struck at targets in the Syrian Golan yesterday, taking out either five or six members of Hezbollah.  Israel never officially acknowledges involvement in such attacks, but I would say that here we have an instance of our relying on our own resources with excellent judgment.

Among those killed was Jihad Mughniyeh, son of Imad Mughniyeh, former Hezbollah operations chief whom we dispatched some time ago.  According to western intelligence sources, Jihad was head of a large-scale terrorist cell, with direct links to Iran, that had attacked Israel in the past.

But there is more: According to various reports, also killed were six members of Iran’s Revolutionary Guard, including General Mohammad Allahdadi, formerly head of a Revolutionary Guard brigade.  The Iranians and the members of Hezbollah were part of one convoy.

The coming together of so many high level Hezbollah and Iranian fighters at one time, near the Israeli border, strongly suggests that a major operation was imminent. It might have included rockets, infiltrations into Israel, border bombings, anti-tank fire and more.  Just days ago, Hezbollah head Hassan Nasrallah threatened attacks on Israel.

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The attack that smoothly took out Hezbollah and Iranian high level personnel suggests superb Israeli intelligence and an operation that was pinpoint.

As I see it, this not only eliminated an immediate danger (it was essential, given the intelligence!), it enhanced our deterrence power – always a good thing.  They know we are watching, and that we act in our own best interest with great skill.

There is no doubt about the fact that there was a message here for Iran, as well as for Hezbollah.

But the question now is what sort of retaliation we are likely to see.  It is considered unlikely that there will be a major attack that would escalate into war to our north.  But there is certainly a heightened risk of terror attacks – whether we are looking at infiltration into the north of Israel with attempts at kidnapping IDF soldiers, or attacking Israelis elsewhere in the world, as has been done before.

Whatever might be ahead, our forces are on high alert in the north now, with leaves cancelled and an Iron Dome installation moved northward.

Maj.-Gen. (res.) Eyal Ben Reuven, in a press briefing arranged via The Israel Project, outlined the sensitive situation that Israel now faces: Should, for example, an Israeli soldier be killed by Hezbollah, or should rockets be launched against civilians in our north, this would invite retaliation that might generate a significant escalation in fighting.

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The situation of Hezbollah, operating in the Golan, directly across Israel’s border to the north, is exceedingly complex.  This area is no longer directly controlled by Assad.  Hezbollah, said General Ben Reuven, prefers acting against Israel from this theater rather than from its home base in Lebanon.  The Lebanese are not always happy with Hezbollah because of the violence unleashed on its population in response to Hezbollah actions.  However, Hezbollah still has a primary goal of supporting Assad, and does not want to invite an Israeli attack inside Syria that might result in weakening him.

Right now, with some 200,000 Syrians dead in the civil war, there seems to be a standoff, with neither side achieving victory.

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I end – for now – with a good news story that is both moving and astounding:

Michael Mittwoch, 92, and his wife Marion, 90, fled the Nazis in Germany.  They came to Israel, where they participated in the founding of Kibbutz Lavi in the north.

Now they have just celebrated the birth of their 100th (this is not a typo) great-grandchild.

Michael and Marion Mittwochs, center, surrounded by family and holding their 100th great-granchild. (Photo: Elad Gershgoren)

Credit: Elad Gershgoren

This is not just  a wonderfully uplifting story, it demonstrates something: We are a people who move past adversity to life, a testament to hope.

12/31/14

A Somber View

Arlene from Israel

Very somber, my friends.  The situation in the world is not worrisome – it’s terrifying.  Consider:

In an interview with NPR, President Obama said that Iran could become a “very successful regional power” if it agrees to a nuclear deal.  He said things must move slowly but he wouldn’t entirely rule out the possibility of opening a US embassy in Tehran before his term ran out.

http://www.timesofisrael.com/obama-iran-could-be-a-very-successful-regional-power/

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WHAT?  There is nothing on the table in negotiations with Iran at the moment that is serious enough to prevent Iran’s nuclear advancement. The Iranians – a threat to the world – are running rings around an eager Obama.

In fact:

“A commander of Iran’s widely feared Basij paramilitary corps has inadvertently confessed that the Tehran regime aims to build up an arsenal of nuclear and chemical weapons.

“Abdul Reza Dashti, the head Basij commander in Bushehr – a city on Iran’s Persian Gulf coast that contains the Bushehr nuclear power plant, one of the regime’s key installations – had been addressing the fight against ‘foreign influences’ in Iran when he made the admission, according to a report by the official news agency IRNA.”

http://www.algemeiner.com/2014/12/29/iranian-paramilitary-commander-reportedly-admits-tehrans-goal-of-achieving-atomic-and-chemical-weapons/

And see this article by Jonathan Tobin, editor of Commentary, on the Iranian situation:

http://www.commentarymagazine.com/2014/12/08/iran-cheating-debunks-biden-kerry-boasts-nuclear-arak/

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Obama is worthless on this because of his own orientation, motivation. But where is everyone else? This is the stuff of nightmares.

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Then, as if there isn’t enough with the Iranian situation to prevent peaceful sleep, there is the on-going situation at the UN Security Council. Not nearly as troubling as Iran, but, yes, troubling, on several scores because of diplomatic implications, not legal ones.

Jordan has submitted a draft PA resolution to the Security Council.

Originally, Kerry had hedged on whether the US would veto such a proposal.  It was clear that he was looking for revisions that would soften its terms, so that he wouldn’t have to veto it.  But what has happened instead is that Jordan strengthened the terms, with the approval of the Arab League.

The current version calls for a complete end to Israel “occupation” within three years, with a Palestinian state to be established within the “June 1967 borders” (sic) and East” Jerusalem to be the Palestinian capital.

http://www.timesofisrael.com/new-palestinian-bid-calls-for-e-jerusalem-capital-just-solution/

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As for “East Jerusalem,” there is no such thing. There is one city of Jerusalem.  What is meant, in actuality, is all of Jerusalem past the Green Line, which includes northern and southern parts of the city as well as eastern. This is sometimes referred to as “Arab Jerusalem.”  It most certainly is not “Arab” today, as there are many Jewish neighborhoods in this part of the city. What is more, the Old City is in the eastern part of the city, as is the Jewish cemetery at Mt. of Olives – the oldest Jewish cemetery in the world, with 150,000 Jewish graves.

 

Demographic Map of Jerusalem

Credit: Keep Jerusalem

The division of the city came about at the end of the War of Independence in 1949, when Jordan (illegally) held part of the city, and an armistice line was drawn.  It is the only time in Jerusalem’s 3,000 year history that Jerusalem was divided, and it became “Arab” only because Jordan rendered it Judenrein. Prior to the Jordanian occupation, the heart of Jewish residency was to be found in this part of the city.

Jerusalem will never be divided again.

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And as to “occupation,” my friends, they can use this loaded buzz word all they wish.  Israel is not an occupier in Judea and Samaria.  It is Israel that has legal rights there.  The corollary point to be made here is that the land in no way “belongs” to the Palestinian Arabs. There has never been a Palestinian state.

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The behind the scenes politicking on this resolution issue are convoluted.

At this point Kerry will veto if necessary (the “strengthening” of its terms made this more likely), but he prefers not to.  He had implored Abbas to wait to call a vote until after the Israeli elections on March 17. His reason is infuriating: a fear that what is happening in the UN will push the Israeli electorate to the right.

Abbas said yesterday that the vote would be called in “a day or two.” And the most interesting questions have to do with why Abbas chose to ignore Kerry and move ahead anyway. It’s clear that he’s not afraid to figuratively bite the (US) hand that feeds him – this tells us a good deal about loss of American influence.

I will suggest something that is counter-intuitive on the surface but is actually reflective of the way Abbas has consistently conducted himself: Abbas does not want to win here.  We must conclude this if he is willing to buck the US, secretary of state.  Had he waited, he might have said to Kerry, look, I did as you asked, now don’t veto. Abbas does not want a state, with the concomitant burdens it implies. Nor, I would imagine, does he think he could hold on to a state for more than a week or two before Hamas pushed him out.

Abbas wants to squeeze Israel and garner PR.  Part of that PR involves showing the world how the poor Palestinian Arabs suffer setbacks in their heart-wrenching efforts to achieve self-determination.

Another possible motivation for Abbas: this may give him the excuse to go to the International Criminal Court, something he’s been threatening to do. This remains to be seen – as that too may be just a ploy.

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With this, there is one other factor at play.  The Security Council consists of 15 members: five permanent – China, France, Russia, the United Kingdom, and the United States -and 10 others who rotate every two years.  Only the permanent members can veto a resolution.  For a resolution to pass, nine votes are required.  Right now, Abbas does not have those nine votes.

But here is the catch: The terms of the temporary members is up at the end of the year. As it happens, nations not supportive of this resolution – such as Lithuania and South Korea – will be replaced by nations hostile to Israel – such as Malaysia and Venezuela.  Then the chances of getting nine votes in favor would be greater.  It has been suggested that this would strengthen Abbas’s position – he would be able to say that most of the Security Council is with him because his cause is just even if the US is not.

But Abbas seems bent on not waiting for this transition in membership.  Again, we must ask why.

Since Abbas does not want to win anyway, this may be a way to allow Kerry to save face: he will not have to veto if there are not nine votes in favor.

Commentator Michael Freund, however, has another idea.  He refers to what is going on in the UN as “a diplomatic terror attack.”  No, he agrees, they don’t want to win: What they want is a rationale for “resistance,” since they can say they’ve tried diplomacy and it doesn’t work.

http://www.jpost.com/Opinion/FUNDAMENTALLY-FREUD-A-diplomatic-terrorist-attack-at-the-UN-386085

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I hope all my readers are still with me.

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Before closing I want to share a couple of painful, but hardly surprising, insights into the true nature of the Palestinian Arabs:

Last year, two Palestinian Arab terrorists who were involved in throwing rocks that killed Asher Palmer and his infant son Jonathan (when the rocks made Asher lose control of his car) were convicted of murder.  This was a much welcome landmark decision.  It was followed recently by a court decision requiring one of the terrorists, Ali Saada, to pay a hefty fine as compensation to the Asher family.

Now Issa Karake, a PA Minister in charge of “prisoner affairs” has complained about this, saying that this delegitimizes “the national resistance against the occupation.” (Emphasis added)

http://www.palwatch.org/main.aspx?fi=157&doc_id=13544

In other words, he approves of killing innocent babies.

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Last Thursday evening, Avner Shapira and his daughter, Ayala, 11, were driving in the Shomron, when a firebomb was tossed at their car.  Avner yelled at his daughter to get out of the car. Had she not, she would have been killed, as it went up in flames.  As it was, she was very seriously injured – with third degree burns over more than half of her body and damage to her respiratory system.

Ayala Shapira

Where does it end?  My thoughts when this happened were murderous, I confess.  This child, whom her mother described as very intelligent in a special way, was on her way home from a special math class.

Her father, who was mildly injured, protested that such attacks are not criminal in nature, but acts of war, and should be treated as such:

We have an enemy who is trying to annihilate us and states this day and night. It’s not the IDF’s fault, rather [it’s the fault of] the security establishment which treats these acts as criminal. Criminals that need to be caught and made to stand trial as if you can stand trial during a war…it is a case of us or them; they want to kick us out of here.” (Emphasis added)

http://www.timesofisrael.com/security-forces-arrest-2-in-firebomb-attack-that-injured-israeli-girl/

Ayala, who was burned in the face, has before her the prospects of months of hospitalization and many surgeries to do reconstruction.

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Within a day or two, the firebomb perpetrators were picked up by the Shin Bet in the Arab village of Azzoun in Samaria.  They are both teenagers, and one, at 16, is under age. They told of hiding in the bushes at the side of the road, waiting for a car to approach, throwing the firebomb and then running back to their village.

http://www.ynetnews.com/articles/0,7340,L-4608327,00.html

They will not be handled with sufficient severity, I am afraid – although I always wait to be surprised. It is not clear which of the two actually tossed the bomb.

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Let us circle around for a moment: if Freund is correct about diplomatic terrorism, then the PA loss in the Security Council will be used to strengthen the rationale for the sort of horrors I’ve just described.

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And yet at a bare minimum, Kerry – who will oppose certain UN gambits by Abbas – thinks we should negotiate with the PA, never mind how violent the nature they’ve exposed is. In fact, I believe if he does veto, he’ll then come to Netanyahu and say we have an obligation to sit at the table with Abbas to negotiate since he “saved” us.

See the article below that describes Abbas’s refusal to cooperate with the US last March in an arrangement that would have pressured Israel and moved a “deal” forward.

http://www.washingtonpost.com/opinions/mahmoud-abbas-is-again-insisting-on-failure/2014/12/29/6119435e-8f87-11e4-a900-9960214d4cd7_story.html?wpmk=MK0000203

This look at Abbas’s perennial insistence on failure reinforces the speculation that he also wants to fail now in the UN.

But it leaves us pondering what Kerry’s game is, since he KNOWS that Abbas is not truly on board for a two-state deal.  I will leave speculation aside here, but none of this is reassuring in the slightest.

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The good news – this is who we are:

Israel has made the world’s largest per-capita contribution to halt the spread of Ebola in West Africa, Part of the $8.75 million pledge is committed to UNICEF, for care of children stricken with the disease.  In addition, Israel has sent into West Africa fully equipped clinics and medical specialists.

http://www.haaretz.com/news/national/1.634360

The IDF recently saved the life of a Palestinian Arab baby with heart problems, who collapsed while on the way to Jordan for medical treatment. A medical helicopter airlifted him to Hadassah Hospital in Jerusalem, thereby saving his life.

http://www.ynetnews.com/articles/0,7340,L-4608295,00.html

Sometimes it’s not hard to wonder if we are nuts. But I have concluded we most certainly are not.  We can stand proud.