Lions of Liberty Interview

I was a guest on the Lions of Liberty podcast to talk about Coming to Palestine. You can listen to the interview here.

TGIF: To Be or Not to Be a Jewish State: That Is the Question

Israel’s champions owe us an explanation. First, they insist that Israel is and always must be a Jewish state, by which most of them mean not religiously Jewish but of the “Jewish People” everywhere, including Jews who are citizens of other states and not looking for a new country. To be Jewish, according to the prevailing view, it is enough to have a Jewish mother (or to have been converted by an approved Orthodox rabbi). Belief in one supreme creator of the universe, in the Torah as the word of God, and in Jewish ritual need have nothing whatever to do with Jewishness. (We ignore here the many problems with this conception, such as: how can there be a secular Judaism?)

The definition of Jew has been bitterly controversial inside and outside of Israel since its founding. The point is, as anthropologist Roselle Tekiner wrote, "When the central task of a state is to import persons of a select religious/ethnic group -- and to develop the country for their benefit alone -- it is crucially important to be officially recognized as a bona fide member of that group." (This is from the anthology Anti-Zionism: Analytical Reflections, which is not online and is apparently out of print. But see Tekiner's article, "Israel's Two-Tiered Citizenship Law Bars Non-Jews From 93 Percent of Its Lands.")

Second, Israel's champions insist that Israel is a democracy -- indeed, the only democracy in the Middle East. They vehemently object whenever someone demonstrates how Israel-as-the-state-of-the-Jewish-People must harm the 25 percent of Israeli citizens who are not Jewish, most of whom are Arabs.

Yet Israeli law uniquely distinguishes citizenship from nationality. The nationality of an Israeli Arab citizen is "Arab" not Israeli, while the nationality of a Jewish citizen is "Jewish" not Israeli. Are citizens of any other country distinguished in law like that?

This has consequences. For example, the prohibition on marriage between Jews and non-Jews. This is not the result of political bargaining with religious parties but of a desire to protect "the Jewish people" from impurity. These contortions are required by Israel's self-declared status as something other than the land of all its citizens. Early Zionists said they wanted Palestine to be as Jewish as Britain is British and France is French -- a flagrant category mistake that has had horrific consequences for the Palestinians.

The insistence by Israel's supporters -- that Israel can be both Jewish and democratic -- thus is puzzling. What does it mean for Israel to be a Jewish state if that status has no real consequences for non-Jews? If all it meant was that the Star of David was on the flag, we might hear far fewer objections to Israel. But of course it means much more.

To see what it means, one has to look beyond Israel’s Declaration of Independence, Basic Law (its de facto constitution), and specific statutes, which contain language that on its face forbids discrimination against non-Jews. We should know better than to take official documents at face value. What matters in any society is the "real constitution," the principles that underlie commonly accepted behavior. The old Soviet Union’s constitution listed freedom of the press among the “rights” of Soviet citizens, and the U.S. Constitution says that only Congress may declare war and that “the right of the people to keep and bear arms shall not be infringed.”

More pertinent, the 1917 Balfour Declaration, wherein the British government “view[ed] with favour the establishment in Palestine of a national home for the Jewish people,” also stated that “it [was] clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.” We know how that worked out.

So what’s the story inside Israel? (I’m not talking about the West Bank and Gaza Strip, which Israel has occupied for 52 years and where Palestinians have no rights whatever.)

After doing an interview recently about my new book, Coming to Palestine, I was challenged by a listener over my statements that the Israeli government treats Arab and Jewish criminals differently depending on whether they shed “Jewish blood” or “Arab blood” (no such distinction actually exists) and that political parties can’t call for changing Israel from a Jewish state to a state of all its citizens.

Who is right?

Regarding criminal justice, Haaretz columnist Gideon Levy shows anecdotally that Arab Israeli citizens who kill Jews can spend more time in prison than Israeli Jewish citizens who kill Arabs. “Arab blood is cheaper in Israel,” Levy wrote in 2014, “and Jewish blood is thicker.” He says things are the same today. Over the years, many articles have been published documenting this de facto, though not de jure, disparity. Indeed, Haaretz reported in 2011 that

Arab Israelis who have been charged with certain types of crime are more likely than their Jewish counterparts to be convicted, and once convicted they are more likely to be sent to prison, and for a longer time. These disparities were found in a recent statistical study commissioned by Israels Courts Administration and the Israel Bar Association…. The [unpublished preliminary] study is unique in that it is the first of its kind to be commissioned and funded in part by the courts administration, and in that it sought to examine claims by attorneys that Israeli judges deal more harshly with Arab criminals than with Jews.

Note that government discrimination against non-Jews across the spectrum of issues is not usually written into the law, although it may be. Mostly flagrantly, discrimination is legally applied to the "right of return." People defined as Jews, no matter where they were born or live, can become Israeli citizens/nationals virtually on arrival, while Arabs driven from their ancestral homes in 1947-48 and 1967 may not go back, much less become full-rights citizens/nationals. Put concretely, I, an atheist born in Philadelphia to Jewish parents born in Philadelphia (with roots likely in the vicinity of the Black Sea), can "return" [sic] to Israel and become an Israeli citizen at once, while my friend Raouf Halaby, a naturalized American citizen born to Arab Christian parents in west Jerusalem three years before Israel was founded, may not. The only difference is that my mother was Jewish, making me, a Spinozist, a Jewish national in Israel's eyes, and Raouf's mother was not.

Regarding restrictions on political parties, the Basic Law: The Knesset states:

A candidates' list [party] shall not participate in elections to the Knesset, and a person shall not be a candidate for election to the Knesset, if the objects or actions of the list or the actions of the person, expressly or by implication, include...:

1. negation of the existence of the State of Israel as a Jewish and democratic state;... 

Before proceeding, let us note a conundrum. The issue I'm raising here is whether a state be both Jewish and democratic. The root of the word democracy is demos, people. So if the raison d'être of Israel is the welfare of only some of its citizens and millions of certain others who are citizens and residents of other countries, how can Israel be a real democracy? Strictly speaking, considering that word and, the law's language legitimizes a party that "negat[es] the existence of the State of Israel as a Jewish ... state" but not as a democratic state. Would the Israeli election authorities accept that distinction? I don't think so.

In the past the Israeli Supreme Court has reversed government bans on a party’s or candidate's inclusion in an election. Particular cases will revolve around the exact wording of a party’s mission statement or candidate's platform, and legal language is subject to endless, unpredictable, and political interpretation. But, regardless, the government has the power to ban at its disposal, and future Supreme Courts may not be so liberal. So the threat of a ban always looms. Incidentally, a party or candidate that engages in “incitement to racism” is also ineligible to participate in elections, yet this provision has yet to be applied to Jewish parties and politicians, such as Likud and Benjamin Netanyahu, that routinely spout racist rhetoric.

Israel's champions also deny that Arab Israelis -- citizens, mind you -- have grossly inferior access to land, most of which is owned by a “public” authority and the Jewish National Fund (very little is privately owned); building and village permits; public utilities; education; roads; and other government-controlled services and resources. The Israeli government has carried out programs in the Galilee and Negev, known as Judaization, from which Arab Israelis, especially Bedouins, have been cleared to make way for Jewish Israelis. Such restrictions inside Israel have the stink of apartheid.

In his book Palestinians in Israel: Segregation, Discrimination, and Democracy, Ben White documents that the Israeli government allocates resources -- unsurprisingly -- just as one would expect, considering that Israel by its founding doctrine is not the land of all of its citizens but only of some. This doctrine was reinforced last year in the Nation-State Law, which declares that “The right to exercise national self-determination in the State of Israel is unique to the Jewish people.”
So, as Israel's champions say, all Israeli citizens are indeed equal. It's just that some -- those whose nationality is "Jewish" -- are more equal than others -- those whose nationality is "Arab" or anything else but "Jewish."

TGIF -- The Goal Is Freedom -- appears occasionally on Fridays. This also appears at The Libertarian Institute.

Word Order Matters

What people of good will seek for Israel and Palestine is not just a peace, but a just peace.

The Double Essentialism of Zionism

Zionism, the Jewish nationalist philosophy that underlies the state of Israel, entails two kinds of essentialism: Jewishness for Jews and anti-Semitism for gentiles. In other words, no matter how hard they try, Jews cannot stop being Jewish and gentiles cannot stop being anti-Semites. (But see Shlomo Sand's How I Stopped Being a Jew.)

Rights of Return Compared

Israel's defenders often ask how third-generation Palestinians can possibly be recognized as refugees with a right of return to the properties from which the Zionists drove their grandparents in 1947-48. But didn't those Zionists, most of whom had arrived ony three years earlier, claim to be 80th-generation refugees with a right of return to Palestine? (In the latter case, it could not be a real return because their ancient ancestors had not been exiled by the Romans and thus were not a diaspora. Most Jews today are likely the descendants of converts, of which there were many far and wide in antiquity.)

TGIF: Let's Make Sure the Nazis Killed in Vain

I don’t know how many times I've heard that if we don’t stand by Israel, the victims of the Nazi Judeocide will have died in vain. I knew something was wrong with that claim, but for the longest time I couldn’t put my finger on it. Now I think I can.

The claim is peculiar right off the bat. How would backing an Israeli regime that systematically and indiscriminately oppresses an entire non-European population in the 21st century possibly honor the victims of the Nazis, who were in power in Germany from 1933 to 1945? It makes no sense.

But that’s not all. To die in vain means that to die in the futile pursuit of a cause that remains unfulfilled even posthumously. This can include suicide as well as death at the hands of murderers. But someone who is killed while simply living dies neither in vain nor (perhaps eventually) triumphantly. A “passive” murder victim just dies, no matter what the killer intended. (No disrespect whatever is intended by the word passive here. I mean the death was not in a cause pursued by the victim.) It's a tragedy, but nothing more -- as though that were not enough.

The victims of the Holocaust did not see themselves as dying for a cause and were not expecting their deaths to accomplish anything on their part. They certainly did not think of themselves as dying for the future establishment of a chauvinist Jewish state in Palestine, although a small number might have been Zionists.

They died merely because their Nazi killers viewed them in a particular way. Indeed, most German Jews were surprised at being regarded as Jews rather than as Germans. In Nazi Germany one did not have to be a believing and practicing Jew to be targeted because the anti-Semites subscribed to the once-a-Jew-forever-a-Jew philosophy; having a Jewish mother was enough. (The philosopher Spinoza, who was excommunicated by the Jewish community of Amsterdam in 1656, would have been branded a Jew, although he rejected religion and changed his first name from the Hebrew Baruch to the Latin Benedictus.)

I note that today’s Jewish nationalists, that is, Zionists, take the same essentialist position. In their eyes (and unfortunately in the eyes of many non-Jews), one can never stop being a Jew. For them, Judaism is not a matter of religion but of blood. (They too regard Spinoza as a Jew.)

This is utter rubbish: there is no Jewish gene, despite the shameful Israeli search. Moreover, Jews do not constitute a single distinct ethnic group: Jews are found among many ethnic, racial, and national groups. There is no universal Jewish language, food, theater, music, etc. -- that is, no worldwide secular Jewish culture. The dominant culture in Israel is not Jewish; it's Israeli. Judaism represents a worldwide religious community with common beliefs and rites. Why isn't that enough? (See Shlomo Sand’s How I Stopped Being a Jew, which eloquently defends a position I wish to associate myself with.)

So here we are: no matter what I and others do, the victims of the Holocaust cannot have died in vain or not died in vain. People who talk in such terms commit a category mistake.
I could leave the matter there, but I can take this a step further. While nothing we can do will determine whether the Jewish victims of the Nazis died or did not die in vain, all of us -- Jew and non-Jew -- can work to guarantee that the Nazis killed in vain. That's what we should want for any homicidal and tyrannical regime. The best thing to be said about a despot is that he lived in vain.

Now the question is: how can we best guarantee that the Nazis killed in vain? Jewish nationalists (including the ill-defined secularists among them) would give the same answer to other Jews as before: embrace Jewish identity, with Israel, the self-described "nation-state of the Jewish People [everywhere]," at the center of that identity.

I say that’s not a good answer. For one thing, as Shlomo Sand writes, to the extent that Jews and non-Jews embrace an ethnic/racial/genetic notion of “the Jewish People,” the Nazis achieve ex post a major ideological goal -- and that would mean their killing was not entirely in vain. I want no part of it.

For another, a Jewish national identity necessarily comes at the expense of millions of Palestinian Arab Muslims, Christians, and secularists, who are thrown a few crumbs but have no real rights in Israel itself and have even less than that in the apartheid occupied West Bank and the concentration camp -- some Israelis use that term -- known as the Gaza Strip.

A far more promising way to make sure the Nazis killed in vain is to work overtime for individual freedom and toleration in all spheres, which means minimal -- zero would be better -- political power. That is: embrace radical liberalism, otherwise known as the libertarian philosophy, to combat oppression and bigotry. How many Jews could Hitler have killed had he remained a failed artist and paperhanger in Austria because no state was available? None, I’d guess: the creep probably would have had the crap kicked out of him on his first try. Power is poison, and we must work to eliminate it -- and the myth-based nationalism that it fuels -- in favor of voluntary peaceful social cooperation.

Once we see things that way, we will be equally appalled by all genocides and lesser forms of oppression. (One, of course, is especially horrified by the sheer scale and methodical nature of the Nazi killing machine, but that should be true no matter the victimized group.) No special consideration can be accorded to Jewish tragedies -- no "hierarchies of suffering," to use Haaretz writer Amira Hess's phrase, can be accepted -- without preventing the Nazis from having killed in vain.

With all its splendid ethnic, cultural, and individual variations, the human race is one people with one proper code of justice for all. Invidious divisions undermine justice, liberty, peace, and cooperation by fragmenting and weakening the oppressed before their oppressors.

TGIF -- The Goal Is Freedom -- appears occasionally on Fridays. Also posted at The Libertarian Instiute.

Palestinians' Living Standard? Don't Change the Subject!

Opposing Palestinian self-determination because West Bank Arabs have a higher living standard than other Arabs is like opposing the abolition of slavery because, unlike white factory workers, slaves have job security.

Thought for the Day

What Israel badly needs is for-Prophet Judaism.

Take That, Sartre

When someone solves an algebra problem for you and you understand why x=2, your believing that x=2 requires no extra step. That is, to understand is to believe. Once you understand, you are not free to believe otherwise. To modify Martin Luther: Here I understand. I can do no other, so help me Nature.

Another Interview

Scott Horton and I did another -- shorter (half-hour) -- interview about my new book, Coming to Palestine. Listen here.