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‘Two Israels’: What’s really behind the judicial reform protests
(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park.
On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.
But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”
“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer.
I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.
Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.
Here are the emerging themes of weeks of protest:
Defending democracy
Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.”
For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”
Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”
“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”
Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.”
“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.”
A struggle between two Israels
Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz.
Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland.
“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”
As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.
(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)
Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.
Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”
Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)
And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”
The crises behind the crisis
Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”
Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik.
Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said.
Religion and state
Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”
What’s next
Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum.
David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”
Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis.
In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”
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The real anti-Zionists are at the highest levels of the Israeli government
The fact that about half of young American Jews favor replacing Israel with a binational Israeli-Palestinian state is indeed a result of anti-Zionism — but not necessarily their own.
Instead, it’s a consequence of the Israeli government’s drive to radically increase Israeli control over the West Bank and Gaza. By ensuring that some 5.5 million Arabs increasingly live under Israel authority, Israel’s leaders have created the demographic reality of a binational state.
We can’t blame young American Jews for just acknowledging reality. Instead, it’s time to acknowledge that a movement to undermine Zionism has taken hold within the Israeli government.
If Zionism is the movement for a secure homeland for the Jews, then any forces that reject or undermine that homeland’s legitimacy or security are anti-Zionist. That includes the people whose positions and policies actively undermine the existence of a Jewish homeland.
The democratic Jewish state enshrined in the country’s Declaration of Independence has given way to something that looks a lot more like a herrenvolk democracy, in which democratic rights apply only to the dominant ethnic group. History has many examples of such arrangements, and — spoiler alert — they don’t end well for the majority. French Algeria until 1962, Rhodesia until 1980, South Africa until 1994 — all eventually faced one of three fates: negotiated transition to full democracy, violent collapse or ongoing instability and international isolation. To date, none have stabilized permanently.
Just recently Israeli Prime Minister Benjamin Netanyahu boasted that Israel will soon control 70% of Gaza, well beyond the 53% allotted to the country in the Gaza ceasefire framework to which Israel is still supposed to adhere.
When an audience member at his talk shouted out that Israel should take 100% of Gaza, Netanyahu responded, “First 70%. We’ll start with that.”
Then there’s the West Bank, where settlers tried to expel 2,000 Palestinians from a village south of Nablus earlier this month, and where settlers and an IDF soldier wounded nine Palestinians on a June 5 rampage through Hawara.
Since Oct. 7, 2023, Israel has established at least 59 new illegal outposts in the West Bank — compared to an annual average of seven in the preceding three decades. It has appropriated a record amount of land, and displaced more than 8,700 Palestinians through demolitions and settler violence.
There’s also East Jerusalem, where some Israeli Jews are actively trying to remove 20,000 Palestinians from the Silwan neighborhood.
Each act of seizure, harassment and expulsion is anti-Zionist. These Palestinians will not fade into Egypt or Amman or Los Angeles. Mass expulsion isn’t happening, and neither is mass immigration. A Jewish state is giving way to a state that is effectively equal parts Arab and Jewish — except the Jews have all the rights. As the anti-Zionists in the Israeli government seize control of more Palestinian land, they undo all of Zionism’s hard-fought gains. A nondemocratic Jewish state will be neither safe nor secure.
If this sounds like diasporic Jewish garment-rending over morality and Jewish values, it’s not. The people who live in a fantasy world are not those who point out the necessity of finding a way toward coexistence, but those who think Israel can survive and flourish if it trashes its founding principles and its democracy.
Logic and history are not on Israel’s side. No minority- or bare-majority-rule system over a large disenfranchised population has proved durable. I know from my many conversations with my fellow Jews who support a “Greater Israel” incorporating Gaza and the West Bank — or just want to ignore or get rid of Palestinians — that they think time, power or God will bend the iron laws of demography in Israel’s favor. History would beg to differ.
But what about the Palestinians, you might ask: don’t they bear responsibility? For decades of rejectionism and terror? For elevating kleptocratic and ineffective leaders? For glorifying violence and cheering on Hamas in its slaughter, kidnapping and rape of Israeli civilians on Oct. 7, 2023? For wanting, as many of them do, an end to Jewish sovereignty in the land?
Yes. Palestinian rejectionism and embrace of violence has been a disaster for Jews, as well as for generations of Palestinians. But those facts don’t change the demographic reality.
Of Americans Jews under 35, 51% support a binational state, according to a recent Jewish Voters Research Center poll. What they see is that there are 15 million people between the Jordan River and the Mediterranean Sea. About half of them are not Jews, much less Zionists, and one government is not just intent on holding and controlling all that territory, but well on its way to doing so. If a binational state already exists in practice, the best hope for the region, these young people are saying, is to accept that fact, and direct all our efforts toward making that state just.
They may be completely mistaken about the chances of that happening peacefully or even in their lifetimes, but they’re not the ones who got us to this point. The ongoing settlement of territories with a vast non-Jewish majority was the most anti-Zionist thing Israel could have done, and continues to do, and yet here we are.
The Jewish communal obsession with policing who is and isn’t a Zionist misses the larger point. The State of Israel exists. What’s in question is its character — whether it will be democratic and secure, or calcify into something modern history has repeatedly shown the world rejects.
Land comes with people, and demographics is destiny. A government intent on holding and controlling all the territory between the river and the sea is undermining Zionism from within.
The post The real anti-Zionists are at the highest levels of the Israeli government appeared first on The Forward.
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‘Odessa’ wants to use your empathy against you
The short film Odessa begins with what its director Harald Swinkels calls an “empathy trap.”
The film opens with a German couple and their young son hiking across the Dolomites; the woman seems anxious, the man much more energetic. They approach a church, where they are greeted suspiciously by the twins who take care of it, until they say the passcode: “Odessa.” They later try the codeword again with an innkeeper — but this time they are sent running as she calls on the village to attack them. It’s a heart-pounding scene as the family the viewer has been so closely tied to runs for their lives from a loud, angry mob.
Interspersed through the scenes of the family’s flight are blurry white and black clips of a hazy figure approaching a camera. Even with the obscured shot, the viewer can make out train tracks and recognize the setting as a concentration camp, a flashback to the world they’re leaving. It feels like your typical Holocaust film, showing the risks Jewish refugees faced at every turn and the way the trauma of the camps haunted them.
At the end of the film’s 20-minute run, however, the shadowy figure finally comes into focus. It’s the husband, but not in the striped clothes of a camp prisoner: He’s wearing an SS uniform and ordering twins to be placed in a separate line. He’s Josef Mengele.
“People take first impressions as character,” Swinkels told me in an interview. “That’s not character. You should look behind that.”
Contemporary politics inspired Swinkels, the founder of the Dutch production company Exosphere, to make the film.
“One of my most conservative friends started arguing that ‘these people’ should be kept in their own region, as he called it, and certainly not taken in by us,” Swinkels said, of debates over Syrian immigrants in the Netherlands. “And then we had this discussion about if you would feel the same about these refugees, if they look like him and me.”
Wanting to make a film about Northwestern Europeans fleeing led Swinkels to think about World War II. After an election in Denmark resulted in a right-wing shift in politics, he also became interested in exposing how charisma can hide someone’s darker nature.
Swinkels had long been interested in Josef Mengele, but when he discovered the Nazi’s duplicitous relationship with the kids in Auschwitz — survivors have testified that Mengele would bring them candy in order to gain their trust — that solidified him as the main character. The film features a quote from a Jewish prisoner forced to work for Mengele, Miklós Nyiszli, stating that the doctor “was capable of being so kind to the children” as he prepared to torture them and send them to their deaths.
“Arendt once called it the banality of evil,” Swinkels said. “But with Mengele, it’s even more dangerous because it’s the charm of evil.”
The bread crumbs leading to the family’s true identity are there for history buffs. Over the course of the film, we slowly learn their names — Josef, Irene, and Reif. “Odessa” was the American name for Nazi’s underground escape networks, although there is no historical consensus that this term was used by the Nazis or was an actual organization.
But the clues are easy enough to miss — by the time the audience learns these details, we have already formed assumptions that the protagonists of the story are likely Jews or members of another group persecuted by the Nazis.
The fact that Mengele had darker features and his wife had fairer ones adds another misleading layer. At one point, the wife abandons the journey and insists that it’ll be safer for the son to stay with her while the husband flees. It seems as though this is because she is Aryan and the husband isn’t. But, as it turns out, it’s because he is a wanted war criminal.
The short film also nods to a few other historical figures. One of the brothers at the church is named Alois, in reference to Alois Hudal, an Austrian Catholic Bishop who was a Nazi sympathizer and aided in the escape of several Nazi leaders, including Adolf Eichmann. He did not have a twin brother in real life, but this detail alludes to Mengele’s fascination with twins.
The inn-keeper who sets the village after the family, Frau Scholl, is named after Sophie Scholl, a member of the White Rose Nazi-resistance group, hinted at by white roses outside of her house in the film. They even shot the film in the Dolomites, the same mountain range Mengele crossed during his escape.
Swinkels noted that details like this can be easy to miss. “But I think you can still feel it, that we put so much detail in the film to make all these kinds of historical references,” he said.
He hopes that the film makes viewers think more carefully about charismatic figures.
“History has taught us that monsters don’t come dressed as monsters,” Swinkels said. “They come as protectors, visionaries, or loving fathers. And by the time we find that truth, it’s most often too late.”
“If a viewer walks out of Odessa and looks a little bit harder at the next person who charms them, and even better at the next person they’re about to vote for, then the film will have fulfilled its purpose.”
The short film Odessa is showing at the Tribeca Film Festival on June 13.
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Graham Platner, anti-Israel progressive, locks up Democratic Senate nomination in Maine
(JTA) — Graham Platner, the anti-Israel progressive who took Maine’s political establishment by storm this spring, has officially prevailed in his state’s Democratic Senate primary.
Multiple news outlets called the race within 90 minutes of the polls closing, with only a fraction of the votes counted.
The victory was seen as a foregone conclusion after Platner’s primary opponent, Gov. Janet Mills, suspended her candidacy in late April, saying her campaign could not afford to continue.
Still, the final tally suggested that not all Mainers had embraced the political neophyte whose campaign was dogged by controversies, including the revelation that Platner had a Nazi Totenkopf tattoo on his chest for nearly two decades until he drew criticism for it on the campaign trail. He denied knowing it was a Nazi symbol.
Mills, who remained on the ballot, drew about one in five votes in the first 10% of ballots counted, according to the tally published by The New York Times.
The result sets Platner up to face off in November against incumbent Republican Sen. Susan Collins, who has received substantial support from pro-Israel donors. The latest polls suggest a tight race.
“I’m humbled and proud to officially be your Democratic nominee for the U.S. Senate to take on Susan Collins and the billionaire class she represents. Together, we will win this seat back for working Mainers,” Platner tweeted on Tuesday night. “Thank you, Maine.”
While Democratic leaders officially threw their support behind Platner after Mills halted her campaign, many of them remained circumspect about him. Their balancing act grew more delicate in the final days of the primary race, as Platner drew allegations of antisemitism over his characterization of donations channeled to Collins by the pro-Israel lobby AIPAC and as he faced new allegations of misconduct toward women. (He said he had been a “far from perfect boyfriend” during some periods of his life but denied engaging in misconduct.)
Now, top Democrats will have to decide how hard to gun for Platner, who has become a standard-bearer in the party’s anti-Israel shift at a time when the chamber is narrowly divided.
They are already facing pressure to disavow him. “Chuck Schumer, the highest-ranking Jewish elected official in America, and every Senate Democrat propping up Platner’s campaign, should be ashamed,” the Republican Jewish Coalition said in a statement after the polls closed. “Their continued support of Graham Platner, who wore the symbol of Hitler’s SS on his chest for 18 years is an outrage. Schumer must withdraw his support immediately.”
This article originally appeared on JTA.org.
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