Lara Friedman op-ed: Time to Take Trump at His Word on Israel-Palestine

Blog Post

Since well before Election Day, Donald Trump and his key advisors made clear that a Trump administration would blow-up longstanding U.S. policy on Israel-Palestine. Whether talking about moving the U.S. embassy, renouncing any commitment to the two-state solution, or adopting a policy of at best agnosticism, at worst outright support for settlements, this administration deserves credit for maintaining consistent positions from the 2016 campaign through its first 11 months in office.

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On the 50th anniversary of the 1967 Six Day War the Anti-Defamation League (ADL) BICOM and Fathom Journal compiled a compendium of contributions from prominent thinkers, activists, security professionals, politicians, and artists to discuss and debate the implications of the 50th anniversary of the War, it’s legacy for Israel and Zionism and prospects for peace in the region.

​FMEP President Lara Friedman was 1 of the 50 voices who participated in the conversation. You can read Lara’s piece below, the 49 other contributions are available online: https://www.50voices50years.com/50-voices


by Lara Friedman

In 1968, Israeli philosopher Yeshayahu Leibowitz warned what the legacy of the 1967 War would be for Israel, if it held on to the newly-occupied territories:

“A state ruling over a hostile population of 1.5 to 2 million foreigners would necessarily become a secret-police state, with all that this implies for education, free speech and democratic institutions. The corruption characteristic of every colonial regime would also prevail in the State of Israel…the Israel Defense Forces, which has been until now a people’s army, would, as a result of being transformed into an army of occupation, degenerate, and its commanders, who will have become military governors, resemble their colleagues in other nations.”

Fifty years later, this legacy is on stark display. The post-1967 fantasy that Israel can simultaneously exist as a liberal democracy and as a state ruling over millions of disenfranchised Palestinians is collapsing under the weight of its own contradictions.

The collapse of this fantasy is evident in “united” Jerusalem, which is more divided and undemocratic than at any time since 1967. It is on view in policies in the West Bank that Israel no longer bothers to pretend are temporary, like the two legal regimes it has for 50 years maintained in this single territory: one for Israelis, one for Palestinians, separate and unequal.  Earlier this year, Israeli legislation removed even the veneer of respect for this occupation-version of rule of law, in order to launder settler law-breaking.

Within Israel’s recognized borders, an illiberal wave threatens Israeli society and the foundations of Israeli democracy. The most right-wing government and Knesset in history today govern Israel, and have declared war on Israeli civil society. Working hand-in-hand with reactionaries, they are using legislation and intimidation to try to silence those who challenge the pro-occupation, pro-settlements agenda. Peace and human rights activists live under threat; the courts and even military leaders are assailed for any perceived failure to defend the pro-occupation line. Free speech – on campuses, in the media, the arts, and the public square – is under assault.

Internationally, the Israeli government is demanding that the world cease talking about “occupation” and accept a new definition of “Israel,” updated to mean, “Israel-plus-settlements.” Carrying this logic to its most cynical conclusion, it brands opposition to occupation and settlements as “anti-Israel” or even anti-Semitic, and works to enlist other countries in its effort to quash free speech and activism critical of its policies. In doing so, Israel is on a collision course not only with the governing body of world soccer, but with its closest allies, like Germany; Israel’s leaders are also risking relations with Jews in the Diaspora, and especially the United States, as, for the sake of settlements, they align themselves with illiberal forces in other countries.

Israel has realized many achievements in the past fifty years, but all of them are overshadowed by five decades of policies that have allowed those who prioritize keeping the land occupied in 1967 over all else – including over peace, security, democracy – to determine Israel’s future. This is the disastrous legacy of the 1967 War.

In an extensive collection of testimonies from former Israeli Defense Forces (IDF) soldiers, Breaking the Silence reveals 6 ways that illegal Israeli settlers in the West Bank have a problematic influence on IDF operations in the occupied Palestinian territories:
  1. Settler involvement in operational activities
  2. Failure to enforce the law on settlers harming Palestinians or their property
  3. Settler violence against IDF soldiers
  4. IDF soldiers guarding settlers’ events and recreational activities
  5. Proximity and close personal ties between settlers and soldiers
  6. Integrating settlers and their political ideologies into IDF educational activities
These testimonies show how settlers wield power over IDF operations and soldiers – a power that comes at the decided expense of Palestinian livelihood. In the words of one former soldier “There’s no doubt that we worked for the settlers.” (Page 36)
Click here to read the full report, including the IDF Chief of Staff’s response to the collected testimonies.

Writing in today’s Washington Post, former U.S. peace negotiators Dennis Ross and David Makovsky observe the steadily deteriorating situation in Israel-Palestine. “As the risk of escalation grows, both sides are becoming even more doubtful that there will ever be peace. With Palestinians divided and their leaders increasingly discredited, and a right-­wing government in Israel, the conflict is not about to be resolved,” they write. “But that is all the more reason to think about what can be done to preserve the possibility of a two-state outcome, particularly with the Palestinians entering a period of uncertain succession.”

What can be done, Ross and Makovsky suggest, is that rather than continuing to oppose all settlement growth, the U.S. should change its policy to differentiate between the large settlement blocs which many assume that Israel will retain in a final peace agreement (contingent upon land swaps negotiated with the Palestinians), and the smaller outlying settlements and outposts, which it won’t.

“A new U.S. approach would acknowledge that building within the blocs does not change the contours of the ‘peace map,’” they write. “While not formally endorsing settlement activity, it would nonetheless seek to channel it into areas that will likely be part of Israel in any two-state outcome.”

This is very similar to proposal last November from Israel Policy Forum’s Michael Koplow. My colleague Mitchell Plitnick responded at the time with a piece laying out some of the problems with this approach, noting that, “This approach did not lead to progress when Bush took it. It would likely be much worse if Obama did it now, given the current situation, where Israel has lurched further right, the U.S. has lost most of its credibility as broker, and Abbas is hanging politically on by a thread.” It also bears some similarities to a recently proposed, and similarly problematic, plan by Israeli opposition leader Isaac Herzog, which I critiqued here.

But Ross and Makovsky go even further. In addition to accepting the legitimacy of the settlement blocs — which, let’s remember, are illegal under international humanitarian law — they actually suggest that the U.S. should compensate Israel by promising to veto any UN Security Council resolution that Israel doesn’t like, agree not to present the Council with parameters on a final resolution to the conflict, and press European and Arab allies to denounce Palestinian efforts to “de-legitimize” Israel, a term that the authors do not define, but which presumably means seeking international legal relief at the International Criminal Court and other venues for Israel’s violations of Palestinian human rights.

For good measure, the authors suggest that the president “could also highlight the contrast between Israel adopting a settlement policy consistent with a two­-state outcome and Palestinian behaviors that undermine such an option.”

It’s hard to know where to begin with this, but suffice to say that it’s painfully typical of an approach that privileges Israeli political concerns and treats Palestinians’ basic rights as an afterthought, or at most as goods to be traded. The fact that this approach has failed, time and time again, to deliver any positive change to the Palestinians’ situation (or, we should also note, to provide Israel real security) is one of the main reasons that Palestinian leaders, at least those like Mahmoud Abbas who advocate for diplomacy and against violence, are increasingly discredited at home, and deeply frustrated with the U.S.-brokered process. Ross and Makovsky’s approach would not only repeat that dynamic, it would amplify it.

Providing Israel with more, always more carrots is, by definition, the path of least resistance in DC, which helps explain why people keep recommending it. But, as I wrote in an earlier piece (and as Israeli Prime Minister Netanyahu himself repeatedly, and rightly, made clear with regard to Iran), carrots alone won’t do the trick in any negotiation. You need some sticks. The challenge is making sure that the carrots and sticks, the incentives and disincentives, are lined up in such a way as to lead toward the goal. For instance, I think there could be value in recognizing the legitimacy of settlements blocs as recommended here, but only as part of a formal process with a defined, time-limited end state, similar to the P5+1 acceptance of Iran’s uranium enrichment as part of the 2013 Joint Plan of Action. But granting this concession simply in the hope that good things will happen doesn’t seem like a smart plan.

I agree with Ross and Makovsky’s diagnosis of the situation. It is dire, and it is deteriorating,  for the Israelis who’ve endured terror attacks and for the Palestinians who endure the violence of military occupation and settler colonization every day. Following their prescription, on the other hand, wouldn’t arrest this decline, it would accelerate it, while shredding whatever credibility as broker the U.S. still has.

Speaking at a national security conference in Tel Aviv last month, Israeli opposition leader Isaac Herzog announced a new plan to “separate” from the Palestinians. Declaring a two-state solution unachievable in the foreseeable future, Herzog said that Israel should take a set of unilateral steps in the occupied West Bank and Jerusalem while still keeping the two-state option open for the future. Those steps include limiting settlement growth to the so-called “blocs,” expanding areas of Palestinian Authority political and economic control (while still retaining full Israeli security control), completing the security fence, and separating some Palestinian neighborhoods from Jerusalem.

Boy_and_soldier_in_front_of_Israeli_wall

In an analysis (which I encourage you to read) of Herzog’s plan as outlined in the speech, my colleague Mitchell Plitnick observed that it “seems more tailored for domestic political gains than for actually resolving the vexing problems Israel faces.” Mitchell concluded that while Herzog’s plan “has some points that might be worked with, it is not, on balance, sound policy. It has little chance of achieving the quiet Herzog envisions; on the contrary, it is likely to further enflame the conflict.”

Herzog’s announcement caught a lot of people by surprise, including members of his own party. Hilik Bar, the Labor Party’s secretary general and head of the Knesset’s Two-State Caucus, was overheard slamming Herzog’s shift as a lame political maneuver. “If he [Herzog] is going to be a pathetic copy of [Prime Minister Benjamin] Netanyahu, the people will run from him,” Bar said.

Nevertheless, days later Herzog successfully managed to get Labor to endorse the plan, including Bar, who assented out of a stated interest in party unity. Shelly Yachimovich, Herzog’s predecessor and main rival for Labor leadership, pointedly refused to speak at the Labor gathering, and has stated her opposition to the plan. Yariv Oppenheimer, the head of Peace Now, also criticized the plan. “If we want mandates, we need to differentiate ourselves from the Likud,” he said. “Whoever copies Netanyahu will be irrelevant.”

My friend Michael Koplow, policy director of Israel Policy Forum, wrote of the plan that, while it has flaws, it’s better than nothing. “One can take the Netanyahu approach, which is to sit on one’s hands and do nothing, or one can try to advance an alternative that is highly suboptimal but that beats the status quo,” Koplow wrote. “I would rather see the latter option be tried rather than continuing to sacrifice the good on the altar of the perfect.”

I’m a big admirer of Michael’s work, but I think there are some problems with this. It’s really not the case that Netanyahu is “sitting on his hands and doing nothing.” As multiple U.S. administration officials have warned over the past few months, Netanyahu’s government has been doing a lot of things to shape the environment in the West Bank – none of them good. The occupation’s system of radical inequality has become even more entrenched, settlements continue to grow at a rapid clip, Palestinian lands continue to be expropriated and homes demolished, and the Palestinian Authority continues to be politically undermined and weakened to a point just short of collapse. This isn’t the absence of a plan from Netanyahu. This is the plan.

Koplow wrote that “Herzog’s measure can theoretically be a good initial step if it is done right,” and identifies a set of questions need to be answered: How are the settlement blocs defined? What steps will be taken to facilitate Palestinian economic growth? What exactly will this separation of Palestinian neighborhoods from Jerusalem look like? These are, of course, hugely important questions. Each of them is potentially politically explosive, for both Israelis and Palestinians. The fact that Herzog does not even address them affirms Plitnick’s (and Bar’s) argument that this is simply a political maneuver and not a serious policy alternative.

The problem is that even political maneuvers have consequences. The effect here is to remove any political pressure on Netanyahu by essentially affirming his diagnosis of the situation (and unfortunately adopting his racist language, which is particularly disappointing from a self-identified progressive like Herzog), and to reward the settlement movement for decades of law breaking, and incentivize even more, by legitimizing the blocs. Meanwhile, the plan offers nothing to arrest the decline of the Palestinian Authority and enable the Palestinian economic growth that is absolutely necessary for the security of both sides.

A number of left-leaning Israeli analysts have strongly criticized the plan. “Even politically, its unilateralism makes no sense,” wrote journalist Noam Sheizaf in +972 Magazine. ”All the difficult steps Israel refuses to take in negotiations — in order to build trust or as a temporary solution (such as a settlement construction freeze) — it is now supposed to implement without receiving anything in exchange, without anyone taking responsibility on the other side. In short: it’s unclear what Labor’s plan is supposed to achieve, since it is neither meant to be a permanent solution nor a temporary one. So why bother?”

“It is impossible to separate from the Palestinians without a Palestinian state. There cannot be a vacuum,” wrote Mikhael Manekin, executive director of the Israeli think tank Molad. “Either we (Israel) are the sovereign or the Palestinians are. If there is no Palestinian state, we will be forced to continue to dominate the territory (the airspace, imports, exports, currency, and other matters). In other words, we separate from the Palestinians, but we still keep our military reservists in the Territories.”

“The most problematic point in Herzog’s document,” Manekin concluded, “is that his worldview is identical to Netanyahu’s — ‘We will forever live by the sword.’ All we can do is buy time between one boxing round and another. It will never be possible to live a normal life in Israel. And the best we can aspire to is a better fence.”

Herzog’s plan is an alternative to Netanyahu’s only in the sense that smoking one pack of cigarettes a day is an alternative to smoking two. Sure, one is better than two, but you probably shouldn’t expect your doctor to congratulate you. Herzog’s plan, at least as currently outlined, leads us to the same place that Netanyahu’s does: Palestinians confined to what are essentially Bantustans, with nothing on the horizon to address the hopelessness that many, including Israeli security chiefs, have identified as a key driver of violence. It’s hard to imagine that this is a recipe for more security and stability rather than less.

Matthew Duss is the president of the Foundation for Middle East Peace. Previously, he was a policy analyst at the Center for American Progress, where his work focused on the Middle East and U.S. national security, and director of the Center’s Middle East Progress program.

A great deal of support for Israeli settlements comes from the United States in the form of tax-deductible contributions from private donors. The Obama administration, like all administrations before it, opposes Israeli settlement in the West Bank and considers it an obstacle to peace. Yet, at the same time, the United States government effectively incentivizes support for the settlements by allowing American charities to disburse millions of tax-deductible dollars in support for them.

This problem has not gone unnoticed, even though it continues unimpeded at this point. The Israeli daily, Ha’aretz, is publishing a series of reports and data uncovered by journalist Uri Blau SettlersSoldiersIraqBurindetailing the extent of private American support for the settlements.

This investigation by Blau pushes forward efforts that a number of US-based groups have made in the past. Most recently, T’Ruah: The Rabbinic Call for Human Rights brought attention to this issue by filing a complaint against one such group, Honenu, in New York. Earlier in 2015, the group Avaaz petitioned the IRS to revoke the tax-exempt status of The Hebron Fund, which directly supports the flashpoint Israeli settlement in that Palestinian city.

As we wrote in September, “It is no secret that American charities send tax-deductible donations to Israeli settlements. And, while supporting settlements may be contrary to the stated policy of the United States, sending such donations is neither illegal nor a violation of IRS regulations governing tax-deductible charitable donations…[But] Stigmatizing such organizations can have a significant impact.”

This Ha’aretz investigation is bringing important information to light, but if it is to become more than an interesting series of articles, it will be crucial for Americans who recognize the settlements as a problem to bring greater attention to how the US tax code being used to entrench Israel’s occupation of the West Bank. In order to facilitate that discussion, FMEP has assembled the resources below.

The Ha’aretz Investigation

From N.Y.C. to the West Bank: Following the money trail that supports Israeli settlements

Haaretz investigation: U.S. donors gave settlements more than $220 million in tax-exempt funds over five years

An Interactive Look at U.S. Charities Supporting Israel’s West Bank Settlements

An inside look at how Haaretz tracked the flow of U.S. donations to Israeli settlements

WATCH: Meet Uri Blau, the journalist investigating U.S. donations to Israeli settlements

Who Pays for Israel’s Settlements? It Could Be You

Netanyahu Allies Donated to Groups Pushing for Third Temple
 

Documents and articles of note

FMEP Issue brief on settlement funding by US charities

Avaaz petition to IRS to revoke tax-exempt status of The Hebron Fund

Mother Jones piece on Avaaz petition

T’Ruah filing to NY State Attorney General to investigate possible misuse of charitable donations by Honenu and Central Fund of Israel

T’Ruah statement regarding filing

2010 New York Times report on US charitable funding of settlements

2010 article on settlement funding from The Forward

Washington Post article, by David Ignatius, on American funding of settlements

Summary of the “Sason Report” on Israeli governmental funding of “illegal outposts”

2014 article in The Forward on American funding of settlements and extremists

Peace Now’s report on the cost to Israel of settlements

2012 Yediot Ahronoth article on settlements getting preferential treatment above Israel proper

Report by Lara Friedman on cost of settlements from 1992-2011

Throughout his tenure as Secretary of State, John Kerry has repeatedly explained his commitment to an Israeli-Palestinian peace agreement partly in terms of what could happen in the absence of such an agreement. Speaking Saturday at the Brookings Institution’s Saban Forum, Kerry offered his starkest warning yet over where the situation is headed:

I ask people to answer this question as honestly as possible. And this is not an abstract issue that you can put off for some distant day. The status quo is simply not sustainable. And the fact is that current trends including violence, settlement activity, demolitions, are imperiling the viability of a two-state solution. And that trend has to be reversed in order to prevent this untenable one-state reality from taking hold. I can’t stress this enough. The terrorist attacks are devastating the hopes of Israelis who want to believe that peace is possible, and the violence must stop. Yes.

But Palestinian hopes are also being dashed by what they see happening every day. They’re focused on a reality that few others see, that the transition to greater Palestinian civil authority contemplated by the Oslo process has in many ways been reversed. In fact, nearly all of Area C which comprises 60 percent of the West Bank is effectively restricted for any Palestinian development, much of it claimed for Israeli state land or for settlement councils. We understand there was only one Palestinian building permit granted for all of Area C all of last year. And settler outposts are regularly being legalized while demolition of the Palestinian structures is increasing. You get it? At the same time the settler population in the West Bank has increased by tens of thousands over just the past five years including many in remote areas.

This is a reality that has been pretty clear to U.S. and EU officials for years, but the first time that a U.S. official has stated it so clearly: The Israeli government is pursuing a series of policies in the West Bank that reverse the Oslo process. As Kerry importantly clarifies, this is not in any sense an excuse for violence, but it is important to understand how it creates the environment from which violence arises: Hopelessness, humiliation, weakening of Palestinian voices favoring non-violence and diplomacy, no opportunity for economic development, and no realistic prospect of it ever really changing.

Which raises the question: Why should we expect it to change? Kerry’s description of the current reality is welcome, but he and other U.S. officials, including President Obama, have offered similar warnings before, to little effect. It’s not hard to understand why. In the absence of any consequences for Israel’s efforts to roll back Oslo, why should they cease those efforts? Having repeatedly stated that a two-state solution is in the U.S. interest, what steps is the U.S. willing to take to create real disincentives for policies that threaten — indeed, are designed — to foreclose that solution? If the answer is “none,” then we shouldn’t expect much to change.

 

The New York-based group T’Ruah: The Rabbinic Call For Human Rights recently filed a complaint with the State Attorney General against the American arm of an Israeli organization called Honenu. The complaint is based on the fact that Honenu offers financial assistance to the families of both accused and convicted Jewish terrorists in Israel.

It is no secret that American charities send tax-deductible donations to Israeli settlements. And, while supporting settlements may be contrary to the stated policy of the United States, sending such donations is neither illegal nor a violation of IRS regulations governing tax-deductible charitable donations.

What makes Honenu different is that they act in support of people who have committed acts of terrorism. It is on this basis that T’Ruah filed its complaint.

Honenu’s activities were exposed in a report by Israel’s Channel 10. According to that report, Honenu sent funds to the family of an Israeli convicted of killing seven Palestinians in May 1990; the families of two Israelis convicted of attempted murder for trying to plant a bomb at a school in East Jerusalem in 2002; and an Israeli who kidnapped and abused a Palestinian boy in 2010. Further, according to Israeli reporter Uri Blau, Honenu has also sent money to the family of Yigal Amir, who assassinated Yitzhak Rabin in 1995.

As T’Ruah’s complaint states, ““Honenu is doing exactly what Hamas and the PLO have been criticized for — providing personal support, if not incentives, for those who commit terrorist acts.”

Will the AG uphold T’Ruah’s complaint? This is questionable. The basis for criminalizing such donations has usually been that the money is supporting groups appearing on the State Department’s list of terrorist organizations. The case T’Ruah is building is that these groups should be included on that list or that the spirit of the law – that American charitable donations must be barred from supporting acts of terrorism – be carried out. In the past, the Hebron Fund has been the target of similar complaints, though no action has been taken yet.

But the issue does not stop there. As so-called “price tag” attacks (where settlers attack Palestinians in response to Israeli decisions to take down illegal outposts or other measures that Israel takes from time to time to limit settlement activity) have escalated, even the current government in Israel — one of the most right-wing, pro-settlement ever elected — has taken to using the “terrorist” label against the groups that commit these acts. That opens the door for stigmatization even if the American tax authorities will not revoke tax-exempt status from organizations that support the radical settlers in the West Bank.

Stigmatizing such organizations can have a significant impact. While Honenu is a relatively small organization, the funds it raises are channeled through the Central Fund of Israel, a much larger NGO which raised over $70 million from 2009-13 for a variety of causes in Israel, and which was also named in T’Ruah’s complaint. The overwhelming majority of these causes are perfectly legitimate charities. If there is a political cost for supporting a group like Honenu, one which could put other donations at risk, perhaps the Central Fund and other large funding sources would end its relationship with such groups

To many, it might seem absurd that Americans can get tax deductions for supporting settlements in any way when United States policy has always opposed them. But we must keep in mind that the US has deliberately loose regulations about charitable donations and, in many ways, this helps organizations across the political spectrum. While no non-profit can violate the law, many can and do oppose a wide variety of US policies.

Legality is the dividing line. Europe recognizes the illegality of settlements under international law. As the European Council on Foreign Relations points out, this opens the door for the EU and its member states to remove the tax-exempt status of organizations supporting the settlements, whether the settlers in question are engaged in acts of direct violence or not.

In the United States, however, the legality of the settlements is a politicized question that has become very murky. In 1978, the State Department Legal Advisor deemed settlements “inconsistent with international law,” a stance that has never been officially rescinded. However, every President since Ronald Reagan has avoided calling settlements illegal and Congress has never made any such determination. This makes it much more difficult to slow funding from American charities that is flowing to the West Bank.

Whether T’Ruah’s complaint will result in Honenu being stripped of its non-profit status or not, it is imperative that groups that support settlements be held up to the light, so that people who donate can make an educated choice about what they support. More importantly, if it serves as a vehicle to push the United States to shift its position on the legality of the settlements to one that is in line with almost the entire world (the overwhelming majority of international legal opinion), it will have accomplished a lot more than cutting off a few dollars from one group that supports the most radical settler elements.

Video courtesy of Americans for Peace Now 

Ali Saad Dawabsheh was only 18 months old when Israeli settlers who entered his village of Douma to carry out a so-called “price tag” attack took his life away by setting fire to his home. The crime brought shock and horror to many, regardless of their views of the overall Israel-Palestinian conflict.

But the reality is that this death is very much a part of that conflict. It cannot be understood apart from it. It is not anomalous. Ali was far from the first baby killed in this conflict, on either side.

Nekama

Graffiti meaning “revenge”

It is no surprise that such a horrifying act leads people to say  “something more must be done.” But, of course, the conflict will not end over this incident. In a matter of weeks, Ali’s death will be just one more tragedy in a long list of tragedies in Israel-Palestine.

Is it possible for this tragedy to move us closer to resolving the conflict? Is it possible that, even without ultimately resolving the major political issues we can make it more difficult for an atrocity like this to occur? Perhaps it is, if we ask one important question and make sure we get all the answers to it.

Why is Ali Dawabsheh dead?

Ali and his family were in their home at night when arsonists set it on fire. Ali’s parents and four year-old brother suffered severe burns and Ali died. The attackers spray-painted the word “nekama” in Hebrew on the resident. The word means “revenge.”

Why is Ali Dawabsheh dead?

Until the murderers are caught, we cannot be certain, but it is likely that this “price tag” attack was carried out in response to Israel’s demolition of two structures in the settlement of Beit El on the West Bank. After the High Court in Israel ordered their demolition, the Netanyahu government immediately granted permits for hundreds of new living units in Beit El and the East Jerusalem area. This, however, was apparently not enough compensation for those who carried out this heinous act.

Why is Ali Dawabsheh dead?

Given the shocking nature of the crime, the Israeli government will likely put considerable resources toward identifying and arresting the perpetrators. However, on a day-to-day basis, Palestinians in the West Bank have no protection from settlers. Israeli Defense Forces and Border Police often do not prevent settler attacks on Palestinians. It’s not uncommon to see them protecting settlers as they attack Palestinians.

Moreover, the forces of the Palestinian Authority have no jurisdiction over settlers and cannot protect their own citizens from them. Settlers in general feel they may act with impunity. As the Israeli human rights group, B’Tselem states, “In recent years, Israeli civilians set fire to dozens of Palestinian homes, mosques, businesses, agricultural land and vehicles in the West Bank. The vast majority of these cases were never solved, and in many of them the Israeli Police did not even bother to take elementary investigative actions.”

Why is Ali Dawabsheh dead?

In the wake of Ali’s death, the rush to express outrage was staggering. Israeli politicians across the spectrum vowed that the murderers would be brought to justice. No doubt, they are sincere in their personal outrage and in the desire to show Israelis and the rest of the world that this is something they will not tolerate as leaders.

But their comments are universally directed at the crime itself, implying that this act was an anomalous blot on the Israeli page with no cause other than hate and extremism. The words not only of Benjamin Netanyahu, Naftali Bennett and other leaders of the current government, but also those of opposition leaders Isaac Herzog and Yair Lapid make no connection between Ali’s murder and the occupation, the settlement project or the increasingly anti-Arab tone of many of Israel’s leaders.

There was scant mention of the tolerance shown to the extreme right of the settler movement over the years. As Amos Harel put it in Ha’aretz, “The forgiveness the state has shown over many long years toward the violence of the extreme right – which was also evident this week at Beit El (none of those attacking the police are now in detention) – is also what makes possible the murderous hate crimes like Friday’s in the village of Douma. There is a price for the gentle hand.”

The decision to build hundreds of units in Beit El and East Jerusalem sent a message that the government would find ways to make the rulings of the High Court against illegal building moot in all practical ways. The bigger message that was sent in the wake of protests in Beit El where Israeli soldiers were attacked was this: violence pays, at least for the settlers.

The occupation and settlement program are themselves a form of daily violence that dispossess Palestinians, place them under military rule and deprive them of their basic rights. It may not be easy to end the occupation, but the casual way many in Israel have turned to “managing the conflict” and given up on ending the occupation sends the message that such institutionalized violence by Israel against Palestinians is at least tolerable. Why would anyone be surprised that the more radical elements among settlers would take that a few steps further?

Why is Ali Dawabsheh dead?

In the wake of Ali’s death, Palestinian President Mahmoud Abbas called for the International Criminal Court (ICC) to investigate this act as a war crime. But this was an act of civilian murder, even if the civilian(s) who committed it was living in a settlement deemed illegal under international law. Moreover, the ICC would not act if Israel were legitimately pursuing the perpetrators, which it certainly seems like it is doing. Politicizing Ali’s death in this manner is typical of the conflict, and thoroughly counter-productive.

Indeed, mixed in with his words of outrage, Netanyahu also could not resist politicizing it in his own way by saying that Israel pursues such criminals while Palestinians name streets after them (In reality, Israel celebrates its own terrorists too). This was an opportunity for the two leaders to unite in condemning a crime and calling for justice. Instead, both took it as an opportunity to aggravate the differences between them.

Why is Ali Dawabsheh dead?

While this goes on, members of the United States Congress works to legitimize the settlement enterprise by equating it under the law with Israel itself. The White House is focused on the Iran nuclear deal and it is not yet clear what, if any action the current administration might take to improve the situation in Israel-Palestine before they leave office. In Europe, merely labeling products emanating from settlements is so controversial that the process of setting up an enforcement mechanism for a regulation that already exists in European Union law is dragging along at a snail’s pace.

Without ending the occupation of the West Bank, it is only a matter of time before the next horrifying incident, whether it happens to a Palestinian or an Israeli child. As Noam Sheizaf of +972 Magazine wrote, “…violence is inseparable from the colonial reality in the occupied territories — without putting an end to that reality, there is no chance to properly deal with violence. Even if things cool down temporarily, the situation will only grow worse in the long run. The only solutions are the evacuation of settlements or equal rights for all.”

And ultimately, Sheizaf’s words are the answer to the all important question:

What can we do to prevent more deaths like Ali Dawabsheh’s?

Ultimately, there is no way to stop these incidents without ending the occupation and the daily reality of privileged and protected Israeli settlers living in a Palestinian territory mostly populated by people who live under military occupation.

However, this crime was entirely predictable. Crimes like it can be prevented, at least some of the time, and it does not require an end to the conflict to do so.

Until the conflict is resolved, Israel must meet its responsibilities to protect Palestinian civilians from settlers. Both Israelis and Palestinians can treat incidents like this one as the crimes they are and refrain from politicizing them, allowing both sides to condemn them unreservedly and in unison. Finally, the United States and Europe can stop equivocating and insist that the settlement project stop immediately, and be prepared to put real pressure on Israel to make it happen.

Ali’s death can be a wake up call, or it can be just another horrible story among decades of horrible stories. Which it will be will depend as much on people’s willingness to pressure their own governments in a productive direction as it will on those governments, in Jerusalem, Ramallah, Brussels and Washington, finding the courage to finally act. Some Israeli settlers would condemn Ali’s murder. But until the occupation and the settlement project end, tragedies like this on are inevitable. If there is to be any hope of preventing them, it has to start with people standing up to finally say “NO” to the settlements and to force their governments to do likewise.

 

When President Barack Obama signed the Trade Promotion Authority (TPA) bill last week, a precedent was set. The bill included a provision that “…requires the U.S. Trade Representative to discourage European Union countries from boycotting ‘Israel or persons doing business in Israel or Israeli-controlled territories’ during free-trade negotiations between the U.S. and the EU.”

Israeli settlement of Beitar Ilit in the West Bank

Israeli settlement of Beitar Ilit in the West Bank

In effect, this amendment treated Israeli settlements, for the first time in American history, as being part of Israel and therefore deserving the same protection. It was a small step; there is no enforcement mechanism in the bill.

However, it cracked the dam and opened the potential for a flood. This small amendment was a first step in reversing long-standing American opposition to the settlements, and its support for the two-state solution. Read more at Talking Points Memo