The Israel-Palestinian Conflict Needs a Political, Not a Legal, Solution

Surveying some of the recent debates among Israeli intellectuals about the possibilities of a lasting peace agreement with the Palestinians, Peter Berkowitz criticizes those who, out of frustration with the political-diplomatic process, want to use the law—usually expressed in the dubious claim that international law renders any Israeli presence in the West Bank illegal—to force a resolution:

[This line of argumentation] illuminates the dangerous propensity of liberal democracies, against which Tocqueville warned 180 years ago, to transform political questions into legal ones.

The “juridification of politics”—to borrow a term from the French thinker Alexandre Kojève—erodes citizens’ civic habits by depriving them of the opportunity to resolve political controversies through democratic give-and-take. It also distorts those controversies, which are inextricably bound up with conflicting interests and perceptions, contingent events, and prudential judgments. To subject them to legal reasoning that purports to yield rational, objective, and necessary judgments is to pretend that one right answer is available for disputes that can only be managed through compromise and mutual accommodation. . . .

American efforts to ease the Israeli-Palestinian conflict should [instead] focus on making peace more valuable to Palestinians by promoting in the West Bank the protection of rights; popular rule; and industrialization, commerce, and trade. [But] the challenge is likely to remain vexing. That’s because the means available to the United States—as well as to Israel, surrounding Arab nations, Europe, and the world community—to transform Palestinian ethnic and social bonds, cultural judgments, and religious beliefs are quite limited.

Read more at RealClearPolitics

More about: International Law, Israel & Zionism, Israeli-Palestinian Conflict, Peace Process

Israel Just Sent Iran a Clear Message

Early Friday morning, Israel attacked military installations near the Iranian cities of Isfahan and nearby Natanz, the latter being one of the hubs of the country’s nuclear program. Jerusalem is not taking credit for the attack, and none of the details are too certain, but it seems that the attack involved multiple drones, likely launched from within Iran, as well as one or more missiles fired from Syrian or Iraqi airspace. Strikes on Syrian radar systems shortly beforehand probably helped make the attack possible, and there were reportedly strikes on Iraq as well.

Iran itself is downplaying the attack, but the S-300 air-defense batteries in Isfahan appear to have been destroyed or damaged. This is a sophisticated Russian-made system positioned to protect the Natanz nuclear installation. In other words, Israel has demonstrated that Iran’s best technology can’t protect the country’s skies from the IDF. As Yossi Kuperwasser puts it, the attack, combined with the response to the assault on April 13,

clarified to the Iranians that whereas we [Israelis] are not as vulnerable as they thought, they are more vulnerable than they thought. They have difficulty hitting us, but we have no difficulty hitting them.

Nobody knows exactly how the operation was carried out. . . . It is good that a question mark hovers over . . . what exactly Israel did. Let’s keep them wondering. It is good for deniability and good for keeping the enemy uncertain.

The fact that we chose targets that were in the vicinity of a major nuclear facility but were linked to the Iranian missile and air forces was a good message. It communicated that we can reach other targets as well but, as we don’t want escalation, we chose targets nearby that were involved in the attack against Israel. I think it sends the message that if we want to, we can send a stronger message. Israel is not seeking escalation at the moment.

Read more at Jewish Chronicle

More about: Iran, Israeli Security