The Basic Law’s “Unique” Problem

After Israel announced its 2018 Basic Law of the Nation State of the Jewish People, many people became incensed. Some were the usual suspects who hate anything that Israel does such as the President of Turkey, Recep Erdogan. Others were parties that say they are pro-Israel while they attack the State, like the left-wing group J Street, which declared on its website that it was “a sad day for Israel and all who care about its democracy and its future.” Other left-wing groups and non-Orthodox rabbis made similar comments.

Israeli Prime Minister Benjamin Netanyahu did not care much about the complaints from these left-wing groups and non-Orthodox rabbis. It was a somewhat surprising reaction to chose to ignore them considering that one of the points in the 2018 Nation-State Law stated clearly that Israel was the nation state of all Jews, including the left-wing Jews that despise his administration.

However, Netanyahu did become upset when he learned that the Law upset the Druze minority that account for roughly 1.7% of Israeli citizens. The Druze have always been loyal Israeli patriots and are found in every aspect of Israeli society. When Netanyahu learned of the Druze protest, he announced that he would review the language of the law.


Druze protest in Tel Aviv, August 2018

Much of the Basic Law did not break new ground. For example, the national symbols of Israel have always been Jewish symbols. Jerusalem has always been the nation’s capital, and was already so noted in a Basic Law in 1980.

So why did the Druze protest? Why have so many non-Orthodox Jewish rabbis denounced the declaration?

The major reason for the controversy surrounds clause 1c, and the use of the word “unique.”

“The right to exercise national self-determination in the State of Israel is unique to the Jewish people.”

The other statements the law’s items 1a and 1b were simply factual statements for anyone that understands Israel and history. International law in 1920 (San Remo Conference Declaration) and 1922 (Mandate of Palestine) underscored that the land of Israel is the historical homeland of the Jewish people, and it is there that the Jewish people fulfill their “natural, cultural, religious and historical right to self-determination.

Item 1c went a step further, declaring that ONLY Jews had the right to national self-determination.

Those in favor of the law saw nothing exceptional about the clause. There was no threat to the nation’s democratic ideals as every citizen – Jew and non-Jew – still had an individual rights to self-determination and full protection under the country’s laws.

However, the Druze and non-Orthodox Jewish community saw things very differently.

The Druze Community

The Druze community came about in the 11th century as an offshoot to Islam. Most of the Druze view themselves as predominantly connected to other Druze, while still remaining loyal to the country in which they reside. The majority live in Syria and Lebanon, with roughly 15% living in northern Israel. Today, the Druze number roughly 1 million people in total.

Like the Kurds, the Druze never had an independent country, and the global powers did not carve out a space for them when the Ottoman Empire collapsed at the end of World War I. Unlike the Arabs in Palestine, Lebanon, Syria, Jordan, Egypt and Iraq, they did not seek to destroy the Jewish State at its founding in 1948.

The Israeli Druze view themselves as completely part of the Israel. Roughly 60% of Druze have served or are serving in the Israeli military, just slightly less than the 75% of Israeli men that have served or are serving. That compares to fewer than 1% of Israeli Arabs who serve in the Israeli army.

The Druze’s proud participation in Israeli society is drastically different than Israeli Arabs. They have no qualms in calling themselves “Israeli Druze,” in sharp contrast to many Israeli Arabs that prefer to call themselves “Palestinian citizens of Israel,” leading with their allegiance to a combatant entity that has warred against the Jewish State since its inception.

For many Druze, the Nation-State Basic Law made them question the nature of patriotism: was it a one way street? Several Druze army officers resigned in protest.

Non-Orthodox rabbis and Left-Wing Groups

For the non-Orthodox rabbis in the United States, the issue was philosophical. Their approach to Judaism and Israel is about universalism and not particularism as detailed in this article. As such, the word “unique” produced a knee-jerk protest.

Left-wing groups (which have more than a few non-Orthodox rabbis in leadership positions) claim their own version of universalism: a world in which everyone and everything is the same. That means no special rights or preferences for anyone that is in the majority or position of power, especially if they are white men. Any move to create rights and protections issued by such powerful white men on behalf of the majority must be inherently bigoted and racist.

Most fundamentally, the Basic Law calling for a “unique” right for the Jewish people in Israel undermines the far left’s two-state solution of 1.5  states for Arabs and 0.5 state for Jews, instead promoting a single state for Jews and a single state for Arabs.

Next Steps

As Netanyahu considers making alterations to the law, he might be able to satisfy both the Druze community and left-wing groups by dropping the word “unique” in statement 1c, but that would make it redundant with clause 1b.

However Netanyahu must know that the Druze have never fought for an independent state and never had one, let alone in northern Israel.

Netanyahu certainly realizes that the Druze did not protest the 1950 Law of Return which only granted Jews an expedited pathway to citizenship.

Israeli leaders can see that the Syrian Druze are loyal citizens to the Syria Arab Republic which has stated in its constitution that it opposes the very existence of Israel and is only an Islamic state. Did Druze loyalty in Syria collapse because of its warring stance and its view of religious hegemony? Not at all.

The handful of protests by Israeli Druze are sparked by the knowledge that the Jewish left and European funded-NGOs will embrace its cause and fight side-by-side in the streets. In Syria, disloyalty is addressed with expulsion and extinction. But in the Jewish State there is a left-wing army that is willing to join their protests in a manner that never existed in 1920, 1948, 1950, 1967 or 1980. The far left-wing will now combat the Israeli government in the streets of Israel, throughout the parliaments of Europe and in the halls of the United Nations.

Perhaps Netanyahu could replace clause 1c with a declaration that Judaism is the official religion of the State of Israel, just as many other democracies have official national religions. It would be interesting to see if the Basic Law opponents would be more comfortable with such declaration.


Related First.One.Through articles:

Deciphering the 2018 Basic Law in Israel – The Nation State of the Jewish People

Israel’s Nation-State Basic Law is Not Based on Religion

Israel’s Colonial Neighbors from Arabia

The United Nations and Holy Sites in the Holy Land

Oh Abdullah, Jordan is Not So Special

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Maybe Truman Should Not Have Recognized Israel

On May 14, 2018, the United States of America moved its embassy in Israel from Tel Aviv to Jerusalem. The choice of May 14 was chosen to coincide with the 70th anniversary of Israel’s declaration of independence. Just as President Harry Truman chose to have the United States of America be the first country to officially recognize the Jewish State in 1948, President Donald Trump elected to have the USA be first to formally recognize Israel’s capital in the modern day.

Some protests – particularly from the Muslim, Arab and far-left world – have been loud and furious. This group (and yes, they are coalescing into a single mass) argue that recognizing Jerusalem as the capital of Israel without having a similar declaration for Palestinians is unfair. They note that Trump’s action will make the Arab world angry and provoke violence, leading to deaths on both sides of the conflict. Further, such a move does nothing to advance the cause of peace and is therefore a terrible mistake.

I will not argue that they are not entitled to their opinion. I will instead consider their arguments as though it was 1948.


Front page of the New York Times, May 15, 1948

Consider:

  • Zionists declared an independent country in 1948, even though the local Arab population did not. Was it wrong for the US to recognize the Jewish State even though there was not a corresponding local Arab state?
  • The Arab world was furious with the declaration of the Jews and the US response. The armies of five Arab armies (Lebanon, Syria, Iraq, Jordan and Egypt) invaded Israel in a war that claimed thousands of lives.
  • No peace has come to the region. Now, over 70 years later, the Israelis have only been able to forge a peace agreement with two Arab countries, Egypt and Jordan.

The arguments of 1948 and 2018 seemingly remain the same. The US recognition was and is unbalanced, foments violence and harms peace efforts. One would therefore conclude that Truman was as wrong as Trump, and for many in the Arab/Muslim/alt-left camp (let’s call them “AMAL” for short, which means “hope” in Arabic), that is very true. (Note: Hebrew, which is read right-to-left would call these people “LAMA” which means “why?”)

But to do so is to contort cause-and-effect, actual history-with-“my truth” philosophy, and equality-with-fairness.

The AMAL legions believe that Israel is a foreign transplant in Arab land. They did not recognize the rights of Jews to live in and have sovereignty in the region in 1922 (as encouraged in international law in the Mandate of Palestine), in 1948 (at Israel’s declaration of independence) and do not recognize it now (as the US embassy moved to Jerusalem). They want Jerusalem for a capital today just as they wanted Haifa as part-and-parcel of Arab Palestine in 1948. They have fought tooth-and-nail against these events for 100 years.

For AMAL, accepting a foreigner stealing your home and land is a negation of one’s narrative and one’s dignity, and there can be no peace without dignity.

The alt-left has joined the anti-Zionist AMAL army in greater numbers as they have embraced and advanced the notion of “my truth” broadly. While the “progressives” may occasionally become offended at the vile anti-Semitism spewed by Palestinian Arabs, the Arab rejection of thousands of years of Jewish history in the holy land and the centrality of the land of Israel in Judaism, the alt-left have nevertheless adopted the underdog. They have redefined the conflict as a matter between Israel and the stateless Palestinians rather than the 100-year old Israel-Arab conflict. The alt-left sees a powerful Israel both economically and militarily on one side against a stateless impoverished people. They therefore see complete lack of equality in the actors, as they narrow the scope past the 20+ Arab and 50+ Muslim countries that dwarf the population of Jews in Israel by 100-to-1, to a scenario where Israel is the Goliath.

With such a mindset, the AMAL army contends that Trump added fuel to the fire of an unfair dynamic, just as when Truman blessed the theft of Arab land in 1948. The action continues to move the parties away from their perceived only pathway to peace which includes a bi-national Israel and a purely Arab Palestine.

The pro-Zionist camp sees the world very differently. It celebrates Truman’s recognition of Israel as part of the restoration of the Jewish people in their homeland. They know that if the Jewish State had been reestablished a decade earlier in the 1930s, tens of thousands of Jews would have been saved from the Holocaust. And they admire the thriving stable democracy which Israel has become, in the middle of a vicious and violent Arab Middle East. Recognition and partnership have been beneficial to both the USA and Israel.

But the soldiers of AMAL deny any recognition of Israel’s reality, whether Jerusalem as its capital, its flag in Judo tournaments, the research of its professors and the goods from the country. Thirty countries in AMAL still do not recognize the State of Israel. Their belief that the United States continues to be wrong from Truman to Trump runs deep.

The lines in the conflict continue to cut deeper. Do not simply consider whether the United States’ recognition of the capital of Israel was right or wrong because it is likely clouded by personal perceptions of Donald Trump. Ask yourself if you think president Truman was right in recognizing Israel 70 years ago to understand whether you are part of the AMAL horde or stand proudly with Israel.


Related First.One.Through articles:

The Cancer in the Arab-Israeli Conflict

The Palestinian State I Oppose

I call BS: You Never Recognized Jerusalem as Israel’s Capital

Israel’s Peers and Neighbors

The Impossible Liberal Standard

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