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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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What if Donald Trump puts his name on the US Holocaust Memorial Museum?
What if I told you that this morning, I found the following Truth Social post on my newsfeed?
“THE TRUMP US HOLOCAUST MEMORIAL MUSEUM HONORS will be broadcast tonight, on CBS, and Stream on Paramount+. Tune in at 8 P.M. EST! At the request of the Board, and just about everybody else in America, I am hosting the event. Tell me what you think of my “Master of Ceremony” abilities. If really good, would you like me to leave the Presidency in order to make “hosting” a full time job? We will be honoring true GREATS in the History of the Holocaust, from the Elders of Zion and the NSDAP to John Birchers and Groypers. THANK YOU FOR YOUR ATTENTION.”
If you said this post wasn’t real, you would be right. If you said that I tweaked a recent Truth Social post, swapping the US Holocaust Memorial Museum for the former John F. Kennedy Memorial Center for the Performing Arts, you would be right about that too.
But if you said that this post was unthinkable, my response would be “Think again.”
The phrase “Thinking the unthinkable” was all the rage in the late 1950s and early 1960s. It was an era darkened by the threat of mushroom clouds, the theatrics of Peter Sellers in Stanley Kubrick’s film Dr. Strangelove, and the theories of Herman Kahn, whose notion of the Doomsday Machine features in Kubrick’s masterpiece. Kahn coined the term “unthinkable,” insisting that while “nuclear war may seem highly unlikely, indeed unthinkable, to many people — it is not impossible.”
To this very day, the threat of a nuclear holocaust remains all too real and thinkable. But it has been sidelined by a different kind of threat, one that has buried the very concept of the unthinkable.
So many words and acts once considered unthinkable have, under the two Trump presidencies, become not just thinkable and not just doable, but also increasingly unremarkable. Is there any word or act we still consider safely and surely unthinkable? Is there anything at all that, to quote Herman Kahn, while it may seem highly unlikely, indeed unthinkable, to many people — is not impossible?
To find an answer, it helps to suggest a limiting case on our government’s effort to make all things thinkable, and thus acceptable, even normal. Consider the fake post with which I began this column — namely, that Donald Trump would one day plaster his name on the building that houses the United States Holocaust Memorial Museum. Can there be anything more unthinkable than Trump stamping his name on the USHMM, the very institution that is dedicated to reminding the world of the consequences of acting on the unthinkable?
In his reflections on life under totalitarian rule, The Captive Mind, Polish poet and Nobel Prize Laureate Czeslaw Milosz observed that all “concepts men live by are a product of the historic formation in which they find themselves. Fluidity and constant change are the characteristics of phenomena. And man is so plastic a being that one can even conceive of the day when a thoroughly self-respecting citizen will crawl about on all fours, sporting a tail of brightly colored feathers as a sign of conformity to the order he lives in.”
We see such plasticity on the sets of Fox News, the corridors of Congress and in the board rooms of media, legal, and tech titans where talking heads, politicians and CEOs happily crawl about with many-colored tails of feathers. This is also true in the board rooms of the Donald J. Trump and John F. Kennedy Memorial Center for the Performing Arts and the Donald J. Trump Institute of Peace. (The names of these sites must be written in full to fully grasp the absurd character of this era.)
But the United States Holocaust Memorial Museum will always be exempt from this creeping rot of the absurd, right?
Wrong.
In early May, the USHMM, which like the Donald J. Trump and John F. Kennedy Memorial Center for the Performing Arts is both privately and federally funded, announced an overhaul of its board. Nearly all its Biden-appointed members were fired, replaced by a choice assortment of Trump appointees. They include Sid Rosenberg, a conservative talk-show host who spoke at a Trump rally last year, denouncing the Democrats as “a bunch of degenerates.”
Another Trump appointee, Martin Oliner, published an op-ed in The Jerusalem Post earlier this year in which he called for the forcible removal from Gaza of Palestinians, whom he described as “fundamentally evil.” In another piece, titled “Make the Holocaust Memorial Council Great Again,” he warned that the USHMM was not meeting its “important role.”
Equally troubling was this fall’s temporary closing until next February of the museum exhibit dedicated to America’s wartime response to the Holocaust. The ostensible reason was to “upgrade the exhibit,” an Orwellian phrase that some staffers fear means the blurring the historical record, one that includes the disinterest of the White House, the fecklessness of most Jewish leaders, and the polite, yet potent antisemitism at the State Department.
In his landmark work The Abandonment of the Jews, the historian David Wyman offers a similar conclusion on the American public’s response to the Holocaust: “Few American non-Jews recognized that the plight of the European Jews was their plight too. Most were either unaware, did not care, or saw the European Jewish catastrophe as a Jewish problem, one for Jews to deal with. That explains, in part, why the United States did so little to help.”
Is it possible that because too many of us remain unaware of or indifferent to the Trump administration’s abandonment of the unthinkable, we have invited the catastrophe now enveloping our nation? A catastrophe that already announces itself in the mass and often violent arrests and deportations of men and women because of their skin color? In the lawless killing of civilians in international waters? In the unconstitutional deployment of the National Guard in our cities? For those who do not yet have an answer, it is worth giving the matter a bit of thought — even if you find those thoughts unthinkable.
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Israel becomes first country to recognize Somaliland, drawing condemnation from Egypt, Turkey and Somalia
Israel became the first country to formally recognize Somaliland, a self-declared sovereign state in the Horn of Africa, in a decision that was immediately condemned by Somalia and other nations.
“The Prime Minister announced today the official recognition of the Republic of Somaliland as an independent and sovereign state,” wrote Prime Minister Benjamin Netanyahu’s office in a post on X. “The State of Israel plans to immediately expand its relations with the Republic of Somaliland through extensive cooperation in the fields of agriculture, health, technology, and economy.”
Somaliland’s president welcomed the announcement from Netanyahu in a post on X, adding that he affirmed the region’s “readiness to join the Abraham Accords,” the normalization agreements between Israel and a handful of Arab states that was brokered during President Donald Trump’s first term.
Somaliland proclaimed independence from Somalia in 1991 during the country’s civil war, but has failed to receive recognition from the international community in part due to Somalia’s opposition to its secession. Somalia officially rejects ties with Israel, and has consistently refused to recognize the state of Israel since 1960. Somalia and Somaliland are overwhelmingly Muslim.
“The ministers affirmed their total rejection and condemnation of Israel’s recognition of the Somaliland region, stressing their full support for the unity, sovereignty and territorial integrity of Somalia,” Egypt’s foreign ministry said in a statement following a phone call between Egypt’s foreign minister and his Somali, Turkish and Djiboutian counterparts, according to Reuters.
In November, the Israeli think tank Institute for National Security Studies argued in a report that recognizing Somaliland could be in Israel’s strategic interest.
“Somaliland’s territory could serve as a forward base for multiple missions: intelligence monitoring of the Houthis and their armament efforts; logistical support for Yemen’s legitimate government in its war against them; and a platform for direct operations against the Houthis,” the report read.
It is unclear if the United States will follow suit. In August, Texas Republican Sen. Ted Cruz wrote to Trump urging him to recognize Somaliland.
“Somaliland has emerged as a critical security and diplomatic partner for the United States, helping America advance our national security interests in the Horn of Africa and beyond,” wrote Cruz.
This article originally appeared on JTA.org.
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‘Jesus is a Palestinian,’ claims a Times Square billboard. Um, not quite
“Merry Christmas,” proclaims a billboard in Times Square: “Jesus is Palestinian.”
Countless people will walk by the display or see it on social media, and many will believe it.
So, let’s go through why that statement is such a mistake, once again.
Jesus was a Jew. He was born to Jewish parents, was circumcised under Jewish law — traditionally, on Jan. 1, which is how that day became known as the Feast of the Circumcision — and lived as a Jew. He taught from the Hebrew Scriptures. He worshiped in the Jerusalem Temple. He observed Jewish festivals. He debated Jewish law with other Jews using Jewish modes of argument.
Go back to the Gospels in the New Testament — specifically Luke 4:16: “He went to Nazareth, where he had been brought up, and on the Sabbath day he went into the synagogue, as was his custom.” Or, John 4:9, in which a Samaritan woman asks Jesus: “How is it that you, a Jew, ask a drink of me, a woman of Samaria?”
Cross-reference other ancient sources. Josephus, a first-century Jewish historian, refers to Jesus as a Jewish figure executed in Judea. No serious historical study of Jesus elides this basic truth: Jesus was a Jew.
Yet many efforts through history have sought to sever Jesus from his Judaism — often, if not always, in an attempt to denigrate Jews.
In the second century, the theologian Marcion sought to completely sever Christianity from Judaism. For him, the God of Israel was inferior and the God of the Christians was morally superior. Jesus, therefore, belonged to a different moral universe. The early Church condemned Marcionism precisely because it erased Jesus’s Jewish roots, and ultimately dismissed the idea as a heresy that needed to be rejected.
In the twentieth century, Nazi theologians attempted to portray Jesus as Aryan and anti-Jewish, which Susannah Heschel documents in her book The Aryan Jesus: Christian Theologians and the Bible in Nazi Germany.
But it’s not just because of his religion that Jesus shouldn’t be considered Palestinian.
“Why not?” you might ask. “Didn’t he live in Palestine?”
The short answer is: Not yet.
When Jesus lived, the land of Israel was called Judea. It was under Roman rule, and it fell under several administrative districts: Judea, Galilee, and Samaria.
So, what is the source of the name “Palestine” for that area? It comes from the ancient people known as the Philistines, a perennial enemy of the Israelites. After the Romans crushed Jewish independence, they deliberately renamed the province in an effort to sever Jewish historical ties to the land, as well as to humiliate them by naming the land after their ancient foes.
To call Jesus “Palestinian” is therefore anachronistic.
Yet even so, the idea of Jesus as Palestinian appears in some strands of Palestinian liberation theology. Those strands tend to envision the Palestinian people as Jesus on the cross — crucified by Israel and the Jews, in an image that recalls the longstanding and deeply misguided allegation that “the Jews killed Jesus.”
This language appears repeatedly in the writings and sermons of Naim Ateek, the influential founder of the Jerusalem-based Christian organization Sabeel. In his 2001 Easter message, he wrote “as we approach Holy Week and Easter, the suffering of Jesus Christ at the hands of evil political and religious powers two thousand years ago is lived out again in Palestine,” adding that “Jesus is the powerless Palestinian humiliated at a checkpoint, the woman trying to get through to the hospital for treatment, the young man whose dignity is trampled, the young student who cannot get to the university to study, the unemployed father who needs to find bread to feed his family; the list is tragically getting longer, and Jesus is there in their midst suffering with them.”
Yes, of course, Palestinians have suffered and continue to suffer. But illustrations of that suffering should not include the pretense that Jesus was Palestinian. It suggests that Palestinians need to be seen as akin to Jesus to deserve safety and dignity, when in fact they deserve safety and dignity simply because they are human. And casting Israel and the Jews as crucifiers only resurrects medieval theology and hatreds; it adds nothing to the hopes for justice for Palestinians.
Mainstream Christianity has rejected this foul mythology. We have recently celebrated the sixtieth anniversary of the Christian world’s most vociferous denial of that ancient hatred. In 1965, Vatican II’s Nostra Aetate explicitly rejected the charge that Jews are responsible for Jesus’s death. The World Council of Churches issued similar warnings about reviving Passion-based antisemitism — the revival of the ancient accusation that Jewish leaders were responsible for the crucifixion of Jesus, and that Jews bear that guilt eternally.
History matters. Theology matters. And words matter — especially when they carry two thousand years of blood-soaked memory.
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