When It Comes to Judaism’s Holiest Site, International Opinion Seems to Favor Religious Inequality

Jan. 23 2023

When asked his opinion of an Israeli minister’s visit to the Temple Mount last month, the American State Department spokesman Ned Price declared, “We oppose any unilateral actions that undercut the historic status quo.” Meir Soloveichik notes the problem with this response:

Strolling on the Temple Mount in no way violates the so-called status quo, dating back to the policies adopted by then-Defense Minister Moshe Dayan after the Six-Day War—according to which, Jews are allowed to visit the Temple Mount but not openly to pray there. That is exactly what the Israeli public-security minister Itamar Ben-Gvir did.

One reporter seems to have followed up, asking Price whether he knew what the terms of the “status quo” actually were. Price’s answer was a master class in doublespeak: “It’s a question for the parties themselves, including the Hashemite kingdom of Jordan, whose role as the custodian of Jerusalem’s holy sites, again, we deeply appreciate.” We are thus in an Orwellian moment in which the “status quo” is whatever Jordan might consider it to be and in which the history of the Temple Mount can be redefined in the moment in order to disregard the rights of a Jewish state to the most important site in Jewish history. Following the visit to the site, Hamas immediately threatened repercussions, and the UN Security Council hurried to meet about the non-violation of a sacred status quo.

All this points to a profound irony. The return of Benjamin Netanyahu has been met with the journalistic gnashing of teeth and the rhetorical rending of garments by writers and public figures about the danger that the (democratically elected) government of Israel poses to democracy. And yet it is these very critics who are often so dismissive of the most elemental of democratic injustices: denying Jews in Israel the right to visit, and to pray at, Judaism’s holiest place. Perhaps, when it comes to the history of the democratic liberties of mankind in the eyes of those who piously intone on the subject, it is only the rights of religious Jews that do not matter.

Read more at Commentary

More about: Israeli democracy, Itamar Ben Gvir, State Department, Temple Mount, U.S.-Israel relationship

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