The Coronavirus Crisis Fades from Center Stage as Israel’s Political Impasse Continues

April 17 2020

Ten days ago, Israel’s two major political parties seemed on the verge of forming a unity government. Then negotiations stalled, and the time allotted to the opposition leader Benny Gantz—whom President Reuven Rivlin had tapped to form a coalition—expired. Now all the parties have until May 7 to form a majority coalition. If no coalition emerges, the Knesset will automatically dissolve and yet another election, the fourth in less than two years, will be scheduled. Haviv Rettig Gur analyzes the situation:

As Wednesday’s deadline [for Gantz to form a government] came and went, it became clearer than ever that the original reasoning for the unity negotiations—the coronavirus pandemic—no longer drives the talks.

In an important sense, that’s very good news. At the moment, at least, both [the incumbent prime minister] Benjamin Netanyahu and Gantz believe that the relevant government agencies are competently managing the crisis—and crucially, that their voters also think so. They therefore have the time and political space to fight over less immediate but no less important matters, from the fate of the West Bank to the powers of Israel’s highest court.

Indeed, Netanyahu has grown so comfortable and confident that he will continue to be seen as a successful steward of the crisis, that the last two days of talks on Tuesday and Wednesday veered away even from these matters of high policy to more finicky questions of Netanyahu’s legal position in eighteen months, when, [according to a putative coalition agreement, his term as prime minister will end and Gantz’s will begin].

In a sense, that was the essence of Gantz’s bargain with Netanyahu from the start: granting Netanyahu immunity from prosecution in exchange for a generous raft of ministerial posts and outsize influence over major policy decisions in the next government. But Gantz still wants to avoid being seen as protecting Netanyahu too much, even if he believes it’s a price worth paying to protect the high court and the legal system from a raft of conservative reforms.

Read more at Times of Israel

More about: Benjamin Netanyahu, Benny Gantz, Coronavirus, Israeli Election 2020, Israeli politics

Fake International Law Prolongs Gaza’s Suffering

As this newsletter noted last week, Gaza is not suffering from famine, and the efforts to suggest that it is—which have been going on since at least the beginning of last year—are based on deliberate manipulation of the data. Nor, as Shany Mor explains, does international law require Israel to feed its enemies:

Article 23 of the Fourth Geneva Convention does oblige High Contracting Parties to allow for the free passage of medical and religious supplies along with “essential foodstuff, clothing, and tonics intended for children under fifteen” for the civilians of another High Contracting Party, as long as there is no serious reason for fearing that “the consignments may be diverted from their destination,” or “that a definite advantage may accrue to the military efforts or economy of the enemy” by the provision.

The Hamas regime in Gaza is, of course, not a High Contracting Party, and, more importantly, Israel has reason to fear both that aid provisions are diverted by Hamas and that a direct advantage is accrued to it by such diversions. Not only does Hamas take provisions for its own forces, but its authorities sell provisions donated by foreign bodies and use the money to finance its war. It’s notable that the first reports of Hamas’s financial difficulties emerged only in the past few weeks, once provisions were blocked.

Yet, since the war began, even European states considered friendly to Israel have repeatedly demanded that Israel “allow unhindered passage of humanitarian aid” and refrain from seizing territory or imposing “demographic change”—which means, in practice, that Gazan civilians can’t seek refuge abroad. These principles don’t merely constitute a separate system of international law that applies only to Israel, but prolong the suffering of the people they are ostensibly meant to protect:

By insisting that Hamas can’t lose any territory in the war it launched, the international community has invented a norm that never before existed and removed one of the few levers Israel has to pressure it to end the war and release the hostages.

These commitments have . . . made the plight of the hostages much worse and much longer. They made the war much longer than necessary and much deadlier for both sides. And they locked a large civilian population in a war zone where the de-facto governing authority was not only indifferent to civilian losses on its own side, but actually had much to gain by it.

Read more at Jewish Chronicle

More about: Gaza War 2023, International Law