June 11, 2009...9:46 am

Yisrael Beitanu Laws

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There is an oft-repeated mantra of Diaspora Zionists that goes something like this “I support Israel but I’ll be the first to criticise them if they do something wrong”. I’ve said this on a number of occasions and I’ve meant it every time it came out of my mouth. For the last several weeks I’ve been watching with increasing concern the bills being sponsored by the far-right political party Yisrael Beitanu (Israel is our home). There can be no mincing of words so I’ll simply come out and say it. These bills are racist, violate basic freedoms and attempt to subjugate the democratic nature of the State of Israel. I am talking about two bills in particular: the loyalty oath and the Al-Nakba criminalization bill.

The first of these controversial bills, the loyalty oath, would require all citizens (both new and old) to pledge allegiance to the State of Israel and to undertake national service (be it military or alternate service such as serving with the Magan David Adom or the national parks bureau). Let me explain why I am against this bill. Many countries currently have a ‘loyalty oath’ of some kind. It is often undertaken prior to becoming a citizen. Australia, for instance, has two pledges as one mentions ‘God’ and the other do not:

Australian Citizenship Pledge #1

From this time forward, under God,
I pledge my loyalty to Australia and its people,
Whose democratic beliefs I share,
Whose rights and liberties I respect,
And whose laws I will uphold and obey.

Australian Citizenship Pledge #2

From this time forward,
I pledge my loyalty to Australia and its people,
Whose democratic beliefs I share,
Whose rights and liberties I respect,
And whose laws I will uphold and obey.

America also has their pledge of allegiance:

“I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all”

So what’s the big deal with Israel implementing their very own version of the pledge of allegiance? Well take a look at the most controversial part of the proposed pledge:

“I pledge to be loyal to the State of Israel as a Jewish, Zionist and democratic state, to its symbols and values, and serve the state, as required, in military service, or alternative service, as stated by the law.”

Currently Arabs are not conscripted into national service yet they are free to volunteer of they so wish (there have been several Arab soldiers who have received citations for bravery). I’m not going to debate whether or not Arabs should be conscripted into national service however I am going to say that minorities should have a choice about whether or not they want to serve. I believe that conscription is a good thing as it removes barriers within society.  I reject that minorities should have to declare Israel as a ‘Jewish, Zionist’ state. Israel is a Jewish State but it was born on the backs of Arabs; some of who continue to live there to this day. Forcing them to pledge an allegiance to a State that they do not recognise is immoral. Providing that they continue to abide by the laws of the State and these tensions do not delve into violent uprising then whether or not they recognise the State as a Jewish homeland should concern no one. Yisrael Beitanu often points to the increasing number of Israeli Arabs that have assisted in aiding the enemy in a time of war as justification for this proposed loyalty oath. Regardless of how many Arabs may aid and abet the enemy it does not justify introducing a wide-ranging, and overtly racist law, that would discriminate against minorities. Israel already has laws in place to deal with any citizen that aide and abets the enemy and there is no need to introduce something so drastic. Also the term “loyalty oath” sounds very Stalinist…one would think that the Jews who had been persecuted under Stalin’s reign, including the head of YB Avigdor Lieberman, would have learnt a little something about the treatment of minorities.

The second of these controversial laws that I am against is the Al-Nakba criminalisation bill. This bill would essentially make it liable for prosecution against those that publicly mourned the expulsion and flight of Palestinian refugees during the 1948 War of Independence. There are so many things wrong with this bill that I do not know where to start. This is essentially demanding that all citizens think the same way and if they do not then they risk prosecution from the State…there is nothing more undemocratic than this. Israel can be proud of its democratic roots and its continued loyalty to the will of the people. However this bill will quickly erode democracy and will, justifiably, lead to accusations that Israel is a racist state.

The proposer of this bill YB MK Alex Miller stated that  “it would be inconceivable to hold protests against American Independence Day, Mr. Miller declared this week: “It’s high time for us to be proud of our country. The bill would carry penalties of up to three years in prison for violators. “ To Mr. Miller I simply have to say that ‘some people do not recognise American Independence Day. In Australia our Aboriginal minority, natives to the land prior to the British colonial settlement, consider Australia Day (a celebration of the first British contact with Australia) to be “Invasion Day” and I’m sure that many within the native Indian population of America reject the premise of Independence Day. Whilst some minorities within Australia and America may reject the premise of an Independence Day there are no moves to imprison someone that refuses to recognise it. Israel is a country that often claims it allows freedom of expression, freedom of religion, freedom of human interaction etc but this law goes against any freedom that an Israeli may think they have. The right to legitimate protest (i.e. non-violent) is a fundamental tenant of the democratic process and by denying anyone, Arab, Jew or Christian, these rights is immoral goes against the founding principles of the State of Israel.  Whilst the ‘loyalty oath’ has recently been rejected by the government it does provide a dangerous glimpse into how close we came to madness. However if they ever do become law than I do not believe that the Supreme Court would allow them to remain so. With Salim Joubran, one of Israel’s greatest legal minds and an Israeli Arab, currently sitting on the bench hopefully these laws will be struck down and never return.

It’s difficult to explain to those who don’t intimately follow Israeli politics that YB is both the third largest party in the Knesset, with their leader as Foreign Minister, and a minority opinion within the larger State. It is also important to discover who the primary support base of Yisrael Beitanu is. They are predominantly young teens and university students. The median age of this base is 16-20. Consdering that the Second Intifada started in 2000 that means that these students have experienced daily terror attacks from the ages of 8-14; which are critical junctures in shaping ones opinion of the world. Whilst this does not excuse the racism that many of them espouse (“Death to Arabs” is a common phrase) it does put their hatred and fear of a group they see is harming the State into context. Due to the extreme nature of Israeli democracy YB has gained a critical role in shaping the policies of the government. They are a crucial part of the coalition and without them the government will collapse. However I do not believe that they will be in government for much longer. Avigdor Lieberman, the head of their party, is currently under investigation for corruption and will most likely be charged. I can only hope that he will take the honourable path and withdrawal himself from public life. Without him we will hopefully see a collapse of the current government and the start of a new coalition; a Kadima/Likud/Labor coalition that will work with President Obama to remove the settlements and proceed with a legitimate and workable peace plan with the Palestinians.

I am a passionate Zionist. I believe in Israel’s right to exist and her right to defend herself from her enemies. I do not believe that Israel will devolve into a racist country should these laws, or similar laws, be passed but I do believe that it sets a dangerous precedent. I am not the only person that rallies against the extreme Yisrael Beitanu party. Many within Israel abhor their policies and were dismayed when they joined the coalition. I reject this party and their role in the government. However they are a symptom of this continued conflict. Should President Obama succeed with his efforts at calming the region extreme ideologies such as this will find it very difficult to muster up enough support to challenge those that are brave enough to make peace.

20 Comments

  • [...] Raffe Gold on Yisrael Beitanu laws Raffe Gold has just alerted me to a blog posting he wrote about new legislation under consideration in Israel.  He says, “These bills are racist, violate basic freedoms and attempt to subjugate the democratic nature of the State of Israel. I am talking about two bills in particular: the loyalty oath and the Al-Nakba criminalization bill.”  Read his post at http://socialmusing.wordpress.com/2009/06/11/yisrael-beitanu-laws/ [...]

  • Hear, hear Raffe!

    Great reflection!

  • Raffe, can you write a reflection on the following video (and related videos) put out by Palestine Journal. They relate to Israeli gun boat actions towards Gazan fishermen on 4 October 2008. You will see also footage of shooting on farmers harvesting crops.

    http://actsofintimidation.blogspot.com/
    http://palestinejournal.blip.tv/

  • Stewart,

    I’m sure you could find another dozen (at least) videos of Israeli soldiers acting irresponsibly, immorally or illegally. A 40 year occupation under intense media scrutiny will produce alot of video evidence. I have, and always will be, against the occupation of the West Bank (and was against the occupation of the Gaza Strip until 2005 and I remain opposed to the blockade in place till today). I will not sit here and defend Israeli actions that I am against (hence why I will not defend the mass imprisonment of Palestinians) but it does not change my view that the majority of Israeli soldiers act in the best interests of both their comrades and the Palestinian civilians.

    I am friends with a great deal of Israeli soldiers and I fear for them every time that Israel is forced to deploy them against terror elements in Lebanon, Gaza or wherever they may strike.

    In regards to the boat being fired on there may be mitigating circumstances that we are not aware of. Perhaps the boat got too close and there were fears that it contained suicide bombers. Your best bet would be to email the Israeli spokesperson’s office and see if they will give you a comment.

    Israel is fighting an enemy that does not wear uniforms and exploits civilians. This tragically leads to the deaths of innocents and the destruction of civilians buildings. Many schools, mosques and apartments were bombed during the recent incursion into Gaza and this was exploited by Hamas propagandists. It was only later that it was discovered that they contained explosives, weapons or were used for planning attacks. The Hamas Headquarters during the Israeli incursion was under Gaza’s main hospital which ensured that they could not be bombed.

    The IDF is not perfect. No one says that it is. But considering the pressures that they have been faced with, the mounting threats, the hidden enemy I believe that their conduct over the last forty years has been relatively good.

  • Hear hear

  • Thanks for your reply Raffe.

    I like what you said first “I’m sure you could find another another dozen videos of Israeli soldiers acting irresponsibly, immorally or illegally.” This is what I would see the actions of those soldiers immoral and illegal. I would give a 95% certainty and 5% doubt, based on the details of the footage and years of following this conflict as a non-partisan.

    You will find that the IDF, the US, Australian or Palestinian armed forces will all use potential rational explanations for irrational and immoral behaviour. Situations of war inherently corrupt the soul. Good people do horrendous things to fellow human beings during war.

    I remember being in Indonesia in 1994 talking to an Indonesian officer who had served in East Timor he told me of his soldiers who souvenired ears from East Timorese and wore them around their necks. Australian soldiers during WWII got caught up in atrocities just as American soldiers did and documented especially during the Vietnam War. Israelis and Palestinians too share their burden of dehumanising the other and being corrupted by war. This video footage is a clear example of this.

    People can try and discredit what happened to the fisherman just as was done with the shooting of Mohammed El Doura or the killing of Asel Aslih one of the 13 Israeli Arabs killed in October 2000 (subsequent to Mohammed’s death). In the case of Mohamed you will recall the attempt to say Palestinians killed Mohammed. And I am sure it was Palestinians who masterminded the death of Rachel Corrie by masquerading as an Israeli bulldozer driver or it was Palestinians who shot Tom Hurndall or Caiohme Butterly.

    Raffe, the latter part of your writing is what is typically used to justify such actions by the IDF. The response you gave was similar to the response I was given from the IDF when I first wrote to them in 2000. I was responding to the level of Palestinian fatalities in October to November 2000. The response I was given justified the actions using rational possibilities (eg your suggestions) however acting on fear alone is not grounds for lethal violence or near lethal violence. There must be an clear and present imminent threat. A possible threat will lead to such lax rules of engagement that will result in the break down of rule of law or as we have seen in the West BAnk and Gaza arbitrary rule that clearly favours one group over another (with lethal consequences).

    The Israel gunboat engagement on the Gaza fishing boats reminded me of a cat and mouse where the cat plays with the mouse and the mouse is totally powerless to the cat and must submit to the sheer force and might of the cat. The beauty of the video was the one image of the boy pouring another fisherman tea. This was a powerful and moving display of courage and human dignity amidst adversity against an almighty force.

    If you watch the subsequent videos of Gazan fishing boats being shot at or water cannoned and the Palestinians harvesting crops you can conclude commanders are turning a blind eye (or complicit) to such acts of intimidation.

    I rang the Israeli Ministry of Defense in relation to this incident and they gave me contact details for the IDF PR section. The PR rep I spoke to was unfamiliar with this incident and with the International Solidarity Movement which came as a surprise. He said unofficially the chances of me getting a reply would be low if a public statement had not already been made.

    Raffe, one of the lessons of the climate change debate is that big CO2 emitters only need to sow seeds of doubt to win the PR war. Doubt produces indecision produces divided communities, produces inaction. The result big CO2 emitters get a few more years of polluting. Ditto in the PR war of countries like the US, Australia or Israel. State PR offices just need to sow doubt in the minds of the community that the reasons for the seemingly absurd actions of soldiers was based on some real rational threat like ‘terrorism’, ’suicide bombers’ a nemesis a ghost that rears its head around every corner. The problem is just like in Vietnam we will lose if we think there are military solutions to fighting these ghosts. All we will do is kill or maim more people and produce further misery.

    If we want a solution we need to talk, we need to listen, we need a fresh way of viewing the conflict – one not tied down by our childhood prejudices.

    Raffe peace will come to the people who live in this region. But it will come through relationship building, truth and reconciliation processes and ending threats and violence.

    The prophet said what the Lord requires is justice, love and humility. Oh to see us strive for such things.

  • Stewart,

    Apologies for taking so long to reply to your post. When I said in my original reply “I’m sure you could find another another dozen videos of Israeli soldiers acting irresponsibly, immorally or illegally.” I should have added “but these acts represent the minority as I the majority of soldiers adhere to a high standard of ethics”.

    I agree wholeheartedly that good people, who have been corrupted by war and dehumanization, do horrendous things. I do not believe that war is a good thing. I do, however, believe that at times it is a necessity.

  • Thanks Raffe,

    It would certainly be true that there are many soldiers within the IDF who exhibit a high ethical standard, especially those who refuse to go to the Palestinian territories given inherently this will lead to a moral and legal conflict.

    Ethically such soldiers are found within the military within the Palestinian, US and Australian forces. Soldiers who will refuse an order that is illegal not to some parochial national standard but illegal according to international humanitarian law.

    Undoubtedly each of these national forces have elements from the very top ranks to the soldiers on the ground who commit or instigate gross violations if left unchecked. Abu Ghraib, My Lai massacre, rocket attacks on Sderot, the latest Gaza offensive all exhibit a dehumanisation of the other and hinder rather than complement conflict resolution.

    Does the latest action by the Israeli Armed Forces create better neighbours or do rockets into Sderot or Ashkelon build empathy? I think not.

    Then let’s stop making it worse for the next generations and ensure a sustainable political, economic and environmental solution now. Let us stop blaming and acknowledge our part in the conflict – showing some humility and grace.

    Peace will come Raffe and it will not come through US made or Iranian supplied weapons.

  • I agree. A huge step towards peace would be stemming the flow of Iranian supplied weapons to the non-State terror groups such as Hezbollah, Islamic Jihad and many others.

    However there is a clear difference between a defensive posture and an offensive one. The Israeli position is currently defensive. There has been no claim in territory for many years. Rather Israel has been willing to cede territory for peace be it in the Sinai, Lebanon or Gaza.

  • Raffe, this becomes a bit of a “he says she says” conundrum. Yes from the eyes of a segment of the Jewish Israeli and diaspora community they see
    Israel as holding a defensive posture.

    But from the eyes and ears of Palestinians this is not what they see.

    eg 1. Gaza – the continued blockade, the failure to get the funds and materials into the region to rebuild from the devastation of January.

    Gazans live in absolute poverty and hardship that can be attributed to civil war which is heavily influenced by external and internal factors i.e. Israel and the Hamas-Fatah civil conflict. Consider the parallels with Lebanon and Syria and the suffering of Lebanese faced under Syrian control and division and open warfare within the Lebanese community.

    2. West Bank – Settlements and Restriction of movement, attacks by settlers and soldiers

    Just sit for a while and look at wikimapia and look at the settlements that are scattered throughout the West Bank.

    Ofra
    http://wikimapia.org/#lat=31.9416564&lon=35.2217174&z=14&l=0&m=a&v=2&show=/1941481/Ofra

    Modin – founded 1993 (the year of the Oslo Accords) Now is over 70,000 people. 50 people born every week in the Modi’in valley (150,000 people)
    http://en.wikipedia.org/wiki/Modi%27in

    http://wikimapia.org/#lat=31.9062701&lon=35.0317955&z=13&l=0&m=a&v=2

    See the Palestineian town of Ni’ilin – this is where Tristan Anderson was shot with a tear gas canister in March
    http://en.wikipedia.org/wiki/Ni%27lin

    Ariel
    http://wikimapia.org/#lat=32.0943549&lon=35.15728&z=13&l=0&m=a&v=2&show=/7003455/Ariel
    http://en.wikipedia.org/wiki/Ariel_%28city%29

    Elon Moreh
    http://wikimapia.org/#lat=32.2341486&lon=35.2707481&z=13&l=0&m=a&v=2&show=/157548/Elon-Moreh

    Alfei Menashe
    http://wikimapia.org/#lat=32.1888336&lon=34.9871635&z=13&l=0&m=a&v=2&show=/9207090/Alfei-Menashe

    http://www.btselem.org/Download/Separation_Barrier_Map_Eng.pdf

    My conclusion is Israel, like Hamas, like some elements in Fatah has the offensive posturing – it is just that Israel has the upper hand – and has so since 67 and 48.

    It is self-evident that Israel has superior fire power, economic and diplomatic power than her neighbours given the present status quo.

    I am pessimistic that Netanyahu as the stronger player has the openness and humility to seek new ways to relate with his fellow kin (in the broadest sense of the word – we seem to be quick to separate ourselves than unite us according to our common humanity)

  • Raffe, this becomes a bit of a “he says she says” conundrum. Yes from the eyes of a segment of the Jewish Israeli and diaspora community they see
    Israel as holding a defensive posture.

    But from the eyes and ears of Palestinians this is not what they see.

    eg 1. Gaza – the continued blockade, the failure to get the funds and materials into the region to rebuild from the devastation of January.

    Gazans live in absolute poverty and hardship that can be attributed to civil war which is heavily influenced by external and internal factors i.e. Israel and the Hamas-Fatah civil conflict. Consider the parallels with Lebanon and Syria and the suffering of Lebanese faced under Syrian control and division and open warfare within the Lebanese community.

    2. West Bank – Settlements and Restriction of movement, attacks by settlers and soldiers

    Just sit for a while and look at wikimapia and look at the settlements that are scattered throughout the West Bank.

    Ofra
    http://wikimapia.org

    Modin – founded 1993 (the year of the Oslo Accords) Now is over 70,000 people. 50 people born every week in the Modi’in valley (150,000 people)
    http://en.wikipedia.org/wiki/Modi%27in

    See the Palestineian town of Ni’ilin – this is where Tristan Anderson was shot with a tear gas canister in March
    http://en.wikipedia.org/wiki/Ni%27lin

    Ariel

    Elon Moreh

    Alfei Menashe

    My conclusion is Israel, like Hamas, like some elements in Fatah has the offensive posturing – it is just that Israel has the upper hand – and has so since 67 and 48.

    It is self-evident that Israel has superior fire power, economic and diplomatic power than her neighbours given the present status quo.

    I am pessimistic that Netanyahu as the stronger player has the openness and humility to seek new ways to relate with his fellow kin (in the broadest sense of the word – we seem to be quick to separate ourselves than unite us according to our common humanity)

  • Raffe, Alaura Boca Chica is spam.

  • Thanks,

    Have deleted said comment. Must keep a look out for spam-bots!

  • to raffegold,

    I may be a little late but i just happened on this blog and read the comments about the fishing boats. This’ll probably clear it up for you:

    http://www.youtube.com/watch?v=BbnjSBRy80k&feature=channel

    alternatively type “Noam Chomsky talks about the illegal occupation of Gaza” into youtube.

  • To raffegold,

    I may be a little late, but I just happened on this blog and read the comments about the fishing boats. This may clear it up for you:

    http://www.youtube.com/watch?v=BbnjSBRy80k&feature=channel

    Alternatively, type “Noam Chomsky talks about the illegal occupation of Gaza” into youtube.

  • Oh, and it’s a minute in by the way. And sorry for the double post.

  • Passerby,

    Thanks for the link.

    Obviously there’s alot more at this that needs to be looked at. As i’ve said before Israel is not the world’s perfect country (and many countries steal natural resources through violence, sanctions and other means) but if any oil is within the Gaza waters then it belongs to the people of Gaza.

    Israel’s fear (and this is by no means support of their methods…if that is indeed why this boat was being shot at) is that the huge injection of funds that this would bring would automatically go to the coffers of the Hamas terrorist organisation. This then would be used to attack Israeli civilians. It’s not an outrageous claim as there is a great deal of evidence to suggest that money that should be used to support the flailing Gazan economy is being diverted to
    a) Kill Israelis
    or
    b) Bribe Palestinians

    A massive oil reserve would only aid the Hamas in their goal and continue this war for years.

    Once again thank you for your post and thank you for bringing this video to my attention.

  • I didn’t mean to antagonise Israel but lets be realistic. Hamas isn’t about to stike a deal with any major petroleum company any time soon. That Israel is seizing control of its waters to prevent this(by way of dettering harmless fishing boats nonetheless) as well as the idea that Hamas in its current state can in any way, shape or form exploit the reserves is pretty ludicrous.

  • Gah

    *deterring

  • About pledging allegiance.

    “Forcing them to pledge an allegiance to a State that they do not recognise is immoral. ”

    Oh, ah. How immoral. Cry me a river.

    I say they should recognize Israel or get out of it. I see nothing moral in letting a fifth column flourish, and nothing immoral in getting rid of it. Same goes for Jews who don’t recognize Israel (like Neturei Karta) – they too should get out.

    Get rid of the morality box before it turns into your coffin.

    Same with Nakba celebrations. A distant equivalent of Nakba is May 8, the Victory (Victory in Europe) day, when Nazi Germany (I emphasize NAZI)) also experienced a catastrophy. Good thing it did. Same goes for the plans of Hajj Amin al Husseini. Some catastrophies are very much welcome and I feel no need to apologize for them.


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