Israel legalizes ‘outpost’ settlements.

The illegal outpost of Givat Asaf is among the four outposts to be declared legal.

The illegal outpost of Givat Asaf is among the four outposts to be declared legal.

By now the story almost writes itself: A high-ranking representative of the U.S. government—in this case, John Kerry—is slated to arrive soon in Israel, part of an effort to reinvigorate a peace process described as “moribund” since at least the early aughts. That effort is already making everyone mad, and Israel has taken the same steps it always takes to ensure that the U.S. government understands exactly where it stands: It’s expanding settlements.

The state said that it will act to legalize four West Bank outposts for which a delimitation order was issued in 2003 by the Israel Defense Forces GOC Central Command. Such an order allows the army to demolish at any time structures located within the delimited area.

In 2007, attorneys Michael Sfard and Shlomi Zecharya petitioned the High Court on behalf of the Israeli anti-settlement organization Peace Now, to implement the order.

…construction in the outposts continued despite the order. The High Court requested clarification from the state, and on Tuesday a detailed opinion concerning each one of the four outpost[s] was submitted to the court. In the document, the government said it had taken steps in recent weeks to retroactively authorize the outposts, which were built without official permission.

Built illegally, even by Israel’s standards; acknowledged as illegal, and thus ordered demolished; construction continues, despite state acknowledgement of the illegality of the outposts’ very existence—so sure, ten years later, why not rejigger your country’s laws to provide a patina of respectability? Why not give cover and support to lawbreakers in a manner that is not only insulting to all Israelis who respect the law, but which also flies in the face of the very thing to which your greatest ally has called you to commit yourself time and again?

There’s plenty that’s infuriating in this story, but there’s absolutely nothing new. If you’re a settler, you learned long ago that if you just push hard enough, you can do whatever you want. You will not be held accountable for illegal construction, any more than you might be for setting fire to Palestinian fields, or attacking Palestinian villages.

And if you’re an American diplomat, you learned nearly as long ago that pretty much no matter what you say, no matter what you do, no matter what international law or the global community might say—Israel’s going to keep building. Keep expanding its hold on the West Bank until it has a complete and final hold on all those lands it now occupies illegally, and has ground down or kicked out as many of those lands’ legal occupants as humanly possible. Keep going until a two-state piece is literally impossible, the Palestinians have given up all hope, and Israel reigns triumphant.

At least, as an American and Israeli citizen, I would hope that the Administration and State Department understand by now that that’s the plan. Because that’s the plan. I mean surely, any sentient being with two eyes in their head can see that that’s the plan? Even just one eye?

The only people who might, conceivably, change the plan’s course are all those same Americans. Only if and when it becomes diplomatically untenable for Israel to continue down this illegal and destructive course will my Israeli government even consider throwing on the brakes. Only if and when a U.S. government takes a firm stand and sticks by it will Israelis and Palestinians have so much as a chance at the peace that Kerry is working so hard to achieve.

But let me stress: The plan’s end-goal is, despite everything, unachievable. Israel will not be able to convince the Palestinians to give up all hope, and the Jewish State will ultimately be lost in the effort. At best, all Israel will be able to achieve is a single political entity in which constant, low-level ethnic violence makes any semblance of normal life a distant dream (which is to say: an even worse version of what already exists). That’s the best case scenario. I shudder to think about the other options.

It may already be too late for Kerry to do anything, frankly. Nothing and no one in the current Israeli government gives me any reason to believe that Israel has any interest in turning the country’s Titanic around. For what it’s worth, those who support the settlement project (which is virtually the entire government) appear to be genuine in their assumption that they can force their will on the world.

And why shouldn’t they?

Just like the settlers, Israel’s governments have never been held accountable for their actions. Witness Kerry’s upcoming trip.

Crossposted at Open Zion/The Daily Beast.

An open letter to John Kerry.

http://commons.wikimedia.org/wiki/File:John_Kerry_promotional_photograph_columns.jpgDear Senator Kerry,

In discussing Israel’s election results during your confirmation hearings, you told the Senate:

I pray that maybe this will be a moment that will allow us to renew the effort to bring [Israelis and Palestinians] to the negotiating table and go down a different path than the one they were on in the last few years. I would like to try and do that.

Prayers are a good thing. I have nothing against prayers. But—and I say this with deep respect for and real gratitude to you for your service to this country—praying is my job.

I’m a typer of words and woman of faith—you, on the other hand, are about to become the world’s most powerful diplomat. The part of your statement that matters is that last sentence: “I would like to try and do that.”

I’m already on record as believing that, under the current circumstances, the next Israeli government will be no more inclined toward peace than the current one—but that doesn’t mean that you and the White House can’t change the circumstances.

You’re hearing that Yesh Atid party chairman Yair Lapid is a centrist, and J.J. Goldberg has made an excellent case against pessimism like mine regarding Yesh Atid’s potential—but whatever Lapid may say about insisting on a return to the negotiating table, he’s made very clear that he doesn’t personally understand what he’s up against.

Lapid’s insistence that Israel need only stand firm and the Palestinian people will give up on East Jerusalem is deeply troubling. As you and President Obama (and Prime Minister Netanyahu) know, there are simply no Palestinians, anywhere, who will ever agree to ceding all of Jerusalem to Israel. With that as his starting point, Netanyahu would be more than happy to agree to Lapid’s “negotiations.”

His approach to the settlements is of at least equal concern: While it’s clear that there would be land-swaps in any two-state agreement, most settlers would have to leave the West Bank—but Lapid insists that building won’t stop in major settlement blocs. Yet again, as both you and President Obama know, any construction serves to humiliate and tie the hands of Palestinian negotiators (in addition to being in direct contradiction to the Road Map for Peace that Israel signed with the U.S. in 2003). Moreover, the limitation of “major settlement blocs” is squishy at best. Even Netanyahu’s 10-month settlement “freeze” was more chimera than concession, in that construction never actually stopped, and was redoubled the instant the putative freeze ended.

Simply put: Every single home and road added to Israel’s occupation of Palestinian land is another nail in the coffin of a two-state peace. Whatever and whoever Yair Lapid might be, Benjamin Netanyahu is almost certainly going to be the next Prime Minister, and moreover, Yesh Atid is not the only party with which he’s discussing a coalition. Netanyahu has made it very clear that he wants to transform the so-called E-1 section of the West Bank into a major settlement bloc (again: in direct contradiction to promises made to successive American governments), and if the E-1 plan moves forward, it will in fact cut the West Bank in two. There’s no way to both establish a Palestinian state, and continue to coddle Israel’s settlers and their government backers.

I don’t think I’m telling you anything new. Not only do you know what a two-state peace requires, unlike most of Congress, you’ve actually been to Gaza. You’ve seen what the lives of Palestinians look like up close.

And I suspect that you also know that if you and President Obama can’t facilitate some kind of serious return to the negotiating table, the dream of a two-state peace will die on your watch.

I may have little faith in Yair Lapid and none in Benjamin Netanyahu as peacemakers—but I have enormous faith in the ability of the United States to lead, to change the international atmosphere in which Israel’s politicians function, and to encourage boldness.

Once in your new office, you can clarify to the next Israeli government that the U.S. will be standing by its own policies more firmly in the future. American vetoes at the U.N. need not be a foregone conclusion, the tax-exempt status of settlement-supportive American charities might be examined, and as Lara Friedman wrote in these pages, a simple change in official tone would go a long way. On the other hand, in exchange for concrete Israeli steps (rather than the winks and nudges of the past), the U.S. might offer the kind of financial support that would help relieve many of the social worries facing the vast majority of Israelis who live legally within Israel’s internationally recognized borders.

It might not work, and not least because you’ll still have Hamas to deal with. No risky undertaking is ever guaranteed. But as an Israeli, as an American, and as a pro-Palestinian activist, I think it’s immeasurably important that the United States make the effort.

The continuing failure to achieve a durable peace not only provides extremists with anti-American recruiting tools, it serves to grind down the courage of Israelis and Palestinians—and they will need courage to leave the conflict behind.

So please, Senator. I’m grateful for your prayers, but I would be much more grateful for action. As Rabbi Abraham Joshua Heschel reminded us in Selma: Sometimes we have to pray with our feet.

Crossposted from Open Zion/The Daily Beast.

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