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Norman L. Cantor
Pursuing Fairness

Memo to Anti-Zionist Jews

If your anti-Zionism flows from a religious conviction that a Jewish state is a sacrilege if established before the coming of the messiah, read no further. I cannot alter your faith-based credo.

If your anti-Zionism flows from a conviction that the Jewish state of Israel is by its founding and nature a racist oppressor of Arabs, then I can try to dispel the “big lies” that have fueled that belief. Read on as I address the slogans and distortions that underlie efforts of anti-Zionists to demonize and delegitimize the state of Israel.

A fair definition of Zionism is a Jewish movement to reestablish sovereignty in part of the ancient Jewish homeland in Palestine in order to serve as a refuge for the multitude of Jews facing oppression in their foreign environs. In 1922, even before the Holocaust, the League of Nations acknowledged that centuries of inquisitions, mass expulsions, forced ghettoization, and pogroms warranted a Jewish refuge. Sparsely populated Palestine was an appropriate locus given the historical and ongoing connection of the Jewish people with that land.

Nothing in the Zionist vision entailed exploitation or expulsion of local Arab populations. The 1922 League of Nations mandate to Britain to manage the Palestine portion of the former Ottoman Empire endorsed Jews’ settlement in their ancient homeland but explicitly preserved the civil rights of existing non-Jewish communities. Israel’s 1948 declaration of independence pledged to develop the country for the benefit of all its inhabitants and to assure all inhabitants equal political and religious freedoms. The implementation of that vision is far from perfect, but it’s also far from the nefarious picture painted by anti-Zionist accusers.

The first anti-Zionist calumny is that Israel was founded as a colonialist enterprise intending to ethnically cleanse resident Arabs. A small Jewish presence remained in Palestine even after ancient diasporas. Starting in the 1860’s, more Jews migrated into sparsely populated Palestine (then a part of the Ottoman Turkish Empire) and purchased land for small, mostly agricultural enclaves. In the early 1900’s, those early Jewish settlers were joined by Russian migrants fleeing pogroms. In the 1930’s, German Jews fleeing Nazi persecution also sought refuge in Palestine. These 20th century Jewish migrants and refugees had equal legal and moral status with the many thousands of Arabs who were then migrating into Palestine from the surrounding Arab areas of Lebanon, Syria, and Egypt. During the early 20th century, both Jews and Arabs settled in Palestine and both ethnic groups revolted against the British mandatory rule that prevailed between 1922 and 1947.

In 1948, Israel agreed to a United Nations partition plan for Palestine under which Jewish residents would be sovereign over a small portion of original mandatory Palestine and Arabs would rule over another portion allotted to them by the U.N. (As noted, Israel agreed to equal rights for the Arab minority remaining under its sovereignty). Arabs rejected the partition and Arab armies from surrounding Arab countries promptly attacked the fledgling Jewish state vowing to drive the Jews into the sea. In the vast disruption prompted by the Arab-initiated war, several hundred thousand Arabs became refugees and hundreds of thousands of Jews were forced to leave their homes in North Africa and Arab countries. Hundreds of thousands of local Arabs chose not to flee in 1948 and they became the source of the 1.7 million Arabs who today are full citizens of Israel. Any notion of virulent Israeli colonialism is also belied by Israel’s relinquishment of the Sinai peninsula (via a 1979 peace treaty with Egypt), by its unilateral withdrawals from Gaza (2005) and south Lebanon (2000), and by prior offers to Yasser Arafat (Camp David 2000) and Mahmoud Abbas (2008) to relinquish over 90% of the West Bank.

The second anti-Zionist calumny is that Israel is an “apartheid” state. As a resident of Tel Aviv and a former law faculty member at Tel Aviv University, I am well situated to refute that malicious distortion. Israeli Arabs have full political rights and occupy 10 percent of the parliamentary seats. Arabs work in most sectors of the Israeli economy, including as lawyers, judges, physicians, nurses, pharmacists, and hi-tech engineers. Arabs constitute over 10 percent of university students. Arab shoppers regularly mingle with Jewish shoppers in malls and on public transportation. While there is considerable discrimination against Arabs in Israeli society that needs to be overcome, the current scene is far from apartheid.

The final anti-Zionist calumny is that Israel is engaged in a genocidal campaign against Palestinian Arabs in Gaza and in parts of the West Bank. As to Gaza, Israel in 2005 unilaterally withdrew settlers and armed forces from Gaza, hoping that the Gazans would exercise self-rule for self-benefit. Instead, Hamas violently seized control, ruthlessly suppressed all forms of freedom, and launched thousands of missiles wreaking havoc and trauma in Israel’s civilian border communities. In an effort to end the missile barrages, Israeli forces have invaded and bombed Gaza 3 times, inflicting heavy casualties.

There have been many civilian casualties in those Gaza invasions, as was the case in comparable allied operations in places like Afghanistan, Iraq, Kosovo, Libya, and Yemen. When belligerents like Hamas (or ISIS) use mosques, schools, and other civilian structures for weapon storage and launchings, these misused structures become possible targets. Israel adheres to international legal standards of proportionality in selecting targets and takes steps (like telephoning possible civilian occupants) to avoid excessive collateral damage.

Arab residents of parts of the West Bank are indeed subject to harsh Israeli control entailing serious limitations on travel, work access, and building. On occasion, either isolated soldiers or Jewish settlers exacerbate that harsh control via criminal acts of assault, vandalism, and even homicide. Such misdeeds are in no way part of Israeli policy and are subject to criminal punishment by Israeli authorities. Three Jewish terrorists were recently convicted for the vicious murder of a Palestinian teen in 2014. Two of them received life sentences. More Jewish extremists are now under indictment for criminal activities (including arson) directed against West Bank Arabs. An Israeli soldier who recently killed a disarmed Palestinian assailant is now facing homicide charges. All this refutes the notion that Israel is conducting a genocidal campaign toward Palestinians.

Many “liberal” Zionists are troubled by Israeli domination over approximately 2 million Arab Palestinians in the West Bank and they therefore pursue a 2-state solution. People like Ari Shavit, Yair Lapid, Dennis Ross, and Alan Dershowitz are vocal critics of some of the Netanyahu government’s policies while still supporting Israel’s entitlement to secure borders and staunch defense of its citizens. These liberal Zionists recognize that Palestinian rejectionism toward prior peace offers and contemporary Palestinian incitement to violence against all Jews undermine the prospects of a peaceful resolution. These Zionist critics also recognize that anti-Zionism, the delegitimization of Israeli statehood, is counter-productive to the ultimate well being of both the Jewish and Arab populations of what was formerly mandatory Palestine. Any attempt to dismantle Israel would precipitate violent confrontation incalculably costly to all sides.

If you seek a just solution to the Israeli-Palestinian Arab conflict, I urge you to forego the counter-productive anti-Zionist position and to join the liberal Zionist ranks.

About the Author
Norman Cantor is Distinguished Professor of Law, Emeritus, at Rutgers University Law School. http://law.rutgers.edu/directory/view/ncantor He also visited at Columbia, Seton Hall, Hebrew University of Jerusalem, and Tel Aviv University law faculties. His scholarship appears in 4 books and scores of journal articles. His personal blog is at http://seekingfairness.wordpress.com.
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