Justice for Some: A review

Justice for Some by Noura Erakat was published last year. It is a pro-Palestinian perspective on the Middle East Conflict and International Law.

Most reviews of the article have not been reviews at all but synopses of her material interspersed with the “reviewer’s” cheers and plaudits.

Spotted on the web, here is a pro-Israeli comment on her book that resonated with us:

In “Justice for Some,” Professor Noura Erakat delivers an anti-Israel tirade in the antiquated terms of Marxism.

The main target of Professor Erakat’s assault is the 1922 British Mandate for Palestine (the BMP), the League of Nations law that enabled the creation of the State of Israel. The professor declares that the BMP institutionalized a “racist,” “settler-colonial,” “Apartheid regime” of “oppression” dedicated to the “juridical erasure” of the Palestinian people.

Equally extreme is her view of the Oslo Accords, the set of agreements signed by Israel and the Palestinians in the 1990’s to resolve their longstanding feud. She condemns the Oslo peace process as a continuation of oppressive “colonial practices.”

To combat the alleged colonial oppression, Professor Erakat recommends worldwide “resistance,” described as a blend of economic and legal activism against Israel.

These “coercive pressures,” she contends, would reverse the legal injustices of the past, “dismantle” Israel’s “illegal … colonial infrastructure,” and “liberate” Palestine.

Erakat champions two related forms of resistance: the BDS movement, a boycott campaign “aimed at isolating and shaming Israel;” and “lawfare,” the use of legal tactics to damage a political enemy.

She agrees with BDS leaders that all Palestinians should be allowed to relocate to Israel under a supposed “right of return.”

Regrettably, she omits the fact that such a novel population shift would make Israel a majority-Arab state. Even more disturbing, she enjoys hinting at the prospect of “Palestinian sovereignty” over Israel.

Although the professor maintains that “armed struggle” is available to Palestinians “as a matter of legal right,” she considers BDS and lawfare more effective.

Professor Erakat is not the first Palestinian to assail Israel with the debunked Marxist rhetoric of oppression and resistance. The Palestine Liberation Organization has been spewing the same hate-filled jargon since its founding in 1964.

The only difference between the two manifestos is that one would annihilate Israel through terrorism while the other would do the job through the cynical weaponization of economics and law.

Mainstream scholarship on the BMP confirms the mandate reflected a valid recognition of Jewish self-determination, not an act of colonial oppression.

The law was approved unanimously by a vote of all League of Nations members, not just the “colonial powers.” The great powers did not even share a common political goal, let alone a scheme of oppression.

They competed shrewdly for influence over the territories subject to the League’s mandate system.

Great Britain, the empire that most actively prepared the Jews for statehood, soon became the movement’s most powerful opponent.

Moreover, the Jews could not participate in the League’s BMP vote because they lacked membership in the world body.

Far from serving as agents of any colonial hegemons, the early Zionists immigrated to Palestine to escape the persecution of those regimes.

Another 800,000 Jewish immigrants came to Palestine from the Arab world, including the Jordanian-occupied East Jerusalem and West Bank, where they had suffered a brutal ethnic cleansing.

Jews from all hemispheres migrated to the “Land of Israel” because that was their ancestral home. There, they supplemented indigenous Jewish communities much older than the region’s first Arab dwellings.

Middle East Arabs won the greatest share of mandatory bequests. They gained four large new states: Lebanon; Syria; Iraq; and Transjordan (present day Jordan).

By contrast, their Jewish neighbors had to settle for a much smaller tract because Great Britain reallocated 77% of their League-designated territory to create Transjordan.

The Arabs could have celebrated their vast, newfound sovereignty. But instead, in 1948 they waged a five-state military jihad against Israel and grabbed portions of the Jewish foothold for themselves. That illegal offensive was the real “oppression” that turned the BMP border-drawing exercise into perpetual ethnic strife.

As an international lawyer, Professor Erakat must realize that expunging Israel through terrorism or any other manner would violate the animating principle of the United Nations.

Article 2 of the UN Charter requires nations to settle their differences “by peaceful means” without harming the “sovereign equality,” “security,” “territorial integrity,” or “political independence” of any state.

As a human rights lawyer, Erakat should know better than to portray the existence of Israel as a racist endeavor. That unfounded charge constitutes antisemitism as defined by the International Holocaust Remembrance Alliance and officially recognized by the US, Canada, 24 EU member states, and five other state signatories.

She compounds the human rights affront by endorsing the BDS movement. A September 23, 2019 UN report titled “Elimination of all Forms of Religious Intolerance” determined that BDS is a form of antisemitism.

A less biased study of legal claims in the Israeli-Palestinian conflict would have considered both sides of the debate.

The author would have acknowledged Israel’s indigenous rights, self-determination rights, and sovereign rights to the territories in dispute.

She would have weighed possible remedies for the Jewish refugees from East Jerusalem and the West Bank. And she would have backed at least one legal measure to curb terrorism. Sadly, “Justice for Some” demands justice only for Palestinians.

— Anonymous

EU having second thoughts over hostility towards Israel and annexation? | Melanie Phillips

Netanyahu explains Annexation Plan

Has the European Union reached a tipping point over Israel? Or to be more precise, is the Europeans’ bluff finally to be called over Israel’s proposal to extend its sovereignty over parts of Judea and Samaria?

The E.U. has been mulling over punitive measures against Israel if it goes ahead with what its western critics call “annexation of the occupied territories of the West Bank.”

A number of member states, headed by France along with Spain, Italy, the Netherlands, Ireland, Sweden, Denmark, Poland, Belgium and Luxembourg are calling for a hard line.

Measures being considered include supporting any U.N. moves against “annexation”; public support of proceedings against Israel currently underway in the International Criminal Court at The Hague; and increasing the boycott of settlements in various ways, along with increased financial support for the Palestinians.

The E.U. and Britain maintain that Israel is illegally occupying the disputed territories, and that its settlements there amount to a transfer of population into those lands in contravention of the Geneva Convention.

This is a serious misreading of international law. Israel is not “occupying” these territories. In law, occupation can only occur if the land belongs to a sovereign power, which was never the case here; and a state can also hold onto land which continues to be used for belligerent purposes against it.

It is also a gross misreading of the Geneva Convention, as the Israelis living in these territories were not transferred but moved there entirely of their own volition.

The animus against Israel by both the E.U. and Britain is of long standing. Let’s rephrase that: the animus against Israel by the European and British political class and intelligentsia is of long standing.

For although the E.U. and Britain condemn Israel for “illegal occupation,” fail to defend it against the malice of the United Nations and endorse the meretricious rulings against it at the European Court of Justice, they are nevertheless trading with Israel at ever-increasing levels as well as depending heavily upon it for crucial military and intelligence support.

So while defaming Israel in the court of world opinion, they have been simultaneously milking its genius for their own benefit. They want to hurt it — but not enough to hurt themselves.

Their hostility is the product of three factors: historic and ineradicable anti-Jewish prejudice; the pathological inability to deal with collective guilt over the Holocaust; and the perception that their interests have for decades lain with the Arab world.

Now, though, something more interesting has been occurring to undermine this collective animus.

Read more

Incitement amidst cooperation | AIR

Abdul Azim Salhab

By all accounts, cooperation between the Palestinian Authority (PA) and the Israeli government and military to deal with the coronavirus crisis has been very good. Amos Harel, the veteran military correspondent and defence analyst for Israel’s Haaretz newspaper recently wrote that “Cooperation with the Palestinians is at its tightest ever.”

This is all the more notable because as recently as February, Israeli-Palestinian relations seemed to be unprecedently precarious. In the wake of the release of the Trump Administration’s peace plan in late January, PA President Mahmoud Abbas promised to withdraw all cooperation with Israel, including the vital security cooperation. While similar threats had been made before, this time Palestinian anger seemed more palpable and serious. Israeli government plans to annex the Jordan valley or other parts of the West Bank, as the peace plan allowed, looked set to deepen the crisis in relations. 

Now, that is all gone. No one is talking about the Trump plan or annexations. Coronavirus has swept all such issues aside, as the two sides seek to manage the pandemic which threatens both Israelis and Palestinians who live intermixed with each other. There is even reportedly an Israeli-Palestinian “joint operations room” to oversee the shared response to the pandemic threat. 

Amid the pandemic doom and gloom, this at least is good news, right?

Yes. However… why is it that even in this shared medical emergency the PA cannot stop its official media from engaging in ongoing incitement against Israel?

Read more

Mayor de Blasio and ‘the Jewish community’ | RNS

Hundreds of mourners gather in the Brooklyn borough of New York, Tuesday, April 28, 2020, to observe a funeral for Rabbi Chaim Mertz, a Hasidic Orthodox leader whose death was reportedly tied to the coronavirus. The stress of the coronavirus’ toll on New York City’s Orthodox Jews was brought to the fore on Wednesday after Mayor Bill de Blasio chastised “the Jewish community” following the breakup of the large funeral that flouted public health orders.(Peter Gerber via AP)

Jews went a little bit nuts this week.

Not because two and a half thousand of us turned out for a funeral at the epicenter of this country’s coronavirus pandemic but because after the cops broke things up New York Mayor Bill de Blasio tweeted:

“My message to the Jewish community, and all communities, is this simple: the time for warnings has passed. I have instructed the NYPD to proceed immediately to summons or even arrest those who gather in large groups. This is about stopping this disease and saving lives. Period.”

Whereupon the Twitterverse exploded.

“Hey @NYCMayor,” tweeted ADL president Jonathan Greenblatt, “there are 1mil+ Jewish people in #NYC. The few who don’t social distance should be called out — but generalizing against the whole population is outrageous especially when so many are scapegoating Jews. This erodes the very unity our city needs now more than ever.”

“This has to be a joke,” tweeted New York City Councilman Chaim Deutsch, a Brooklyn Democrat who is an Orthodox Jew. He added, “Every neighborhood has people who are being non-compliant. To speak to an entire ethnic group as though we are all flagrantly violating precautions is offensive, it’s stereotyping, and it’s inviting anti-Semitism. I’m truly stunned.”

“So, as has been true with moral ciphers from time immemorial, you decided to seek your jollies by attacking Jews,” wrote John Podhoretz in the “New York Post.”

New York City Mayor Bill de Blasio. (AP Photo/Frank Franklin II, File)

Really?

An old (Jewish) friend of mine likes to say that Jews consider any statement by a non-Jew that begins with the words “Jews are” to be anti-Semitic if it’s not followed by something like “a community that puts a high value on learning and supporting the arts.” In other words, just about whenever a gentile lumps us all together it’s (for historically understandable reasons) a trigger — one that de Blasio certainly pulled.

But there’s more to it than that.

Read more

How COVID-19 Is Changing Israel’s Business Culture | Forbes

Eyal Younian

NZFOI: Under COVID-19, new norms are forming everywhere…

[IAI is Israel’s largest aerospace company. IAI’s Deputy CEO, Eyal] Younian said that while it may be possible to manage COVID-19 in the future, Israel must change its culture because a more serious virus could emerge in the future.

For Israel’s businesses, this will mean less face-to-face interaction. “There will be more video conferences, we will have fewer people in meeting rooms, and there will be less business travel. Israel is a country based on exporting and 80% of IAI’s sales come from outside Israel. We are a defense company and negotiations must be done in person. We must find a creative solution,” he said.

Israel’s non-business social life will also change. There will be “less hugging and kissing [which will be difficult because] we are a warm people,” he said.

Read more

A very different kind of Passover, in lockdown New Zealand | Spinoff

Juliet Moses

This Passover, we won’t be attending synagogue, we won’t be participating in large raucous dinners and sharing our food with our extended family and friends, we won’t be welcoming strangers into our homes, as Jewish people are instructed to do, writes Juliet Moses.

Tonight, on what is hopefully the halfway point of our lockdown period, Jewish people in New Zealand will sit down at their Seder dinner tables and mark the start of the festival of Passover. As we do every year, we will ask “why is this night different from all other nights?” and recite the reasons.

Many of us will also be thinking about why this Passover is different from all other Passovers. This Passover, we won’t be attending synagogue, we won’t be participating in large raucous dinners and sharing our food with our extended family and friends, we won’t be welcoming strangers into our homes, as we are commanded to do; we will be sheltering in our homes, with the people we are self-isolating with. It’s just one of many sacrifices, of varying degrees of magnitude, we must all make at this time.

Read more

Marilyn Garson promotes BDS with lies of omission

Marilyn Garson

I was intrigued to attend an address by Marilyn Garson as a guest of the NZ Institute of International Affairs on Tuesday, 25 February 2020 at the University of Canterbury. 

A number of our members had contacted me and drawn my attention to the event.  The invitation included a resume and she looked like she had had quite an extensive and lengthy experience as a foreign aid worker, in Cambodia, Afghanistan and more latterly Gaza, promoting micro-enterprise schemes to foster employment and self-sufficiency. 

I was not disappointed.  Her stories of suffering, deprivation, and trauma, especially during open warfare we’re harrowing and deeply saddening. 

She talked about the unsustainable pressure of living in one of the most densely populated societies in the world.  

Wikipedia says that there are over 5,000 people per square kilometre in Gaza.  Yet I note that there are at least five other countries with less than 10 million people, that have higher population densities and have significantly higher per capital GDPs.

In case you’re wondering who they are: Macau (20,000+ persons per sq km), Monaco (~19,000), Singapore (~7,800), and Hong Kong (~6,800).  All of them living and enjoying sustainably economic lives.

She talked about the fear and terror amongst families as they sheltered from bombardment during the 2014 Gaza War.

Yet even in such terrible circumstances, glimmers of kindness, courage and selflessness shine through under fire, as the community reaches out to one another to provide shelter and support in time of conflict. 

She talks with admiration about how they have established six universities and maintained one of the highest literacy rates in the Middle East.  “They may have displaced us, but we take our education with us,” she quotes.

Many study for computer-related qualifications yet over 75% are employed outside of the field they studied for.  “They graduate into the world’s highest youth unemployment rate.”  For a three month temporary job assignment, there were typically 180,000 names [of applicants].

After two years she became a consultant to UNRWA and set out to establish a technology social enterprise to provide employment to all these unemployed technologists.  Garson said, “Many are young parents now.  Most have never been outside the Gaza Strip, they have never seen a forest, boarded a train, never met an Israeli.”

“Gaza is a political problem that has been left to fester so long that it now manifests itself in a humanitarian, ecological, economic calamity,” she said.

Garson said, with horror, that some Israelis talk about bombing Gaza with a subhuman language.  They were “coming to mow the lawn,” “it’s time to cut the grass,” this time they say, “We’ll clean it out,” they talk about “finishing the job.” 

During the 2014 Gaza War, she says 270,000 people were shoe-horned into nine schools.  She was given the responsibility of advising the Israeli military where people were sheltering.  Yet Garson says, seven schools were hit, 44 Palestinians died and 220 were injured under United Nations flags.

While listening to her relate her account of the 2014 Gaza War, I noticed that she was omitting the events that led to the war, that Gazan protagonists were using schools as launch sites and munitions stores and that Israel’s bombing practices were incomparable to the widespread destruction and civilian mortality caused by the Russians in the neighbouring Syrian Civil War.  

Using schools to shelter military operations was so common that the UN was moved to make a public statement urging Gazan fighters to cease and desist from turning schools into legitimate targets.

I have no doubt that Gazan civilians are suffering and that her empathy and despair for them is genuine. 

On the face of it, she clearly reserves her blame for Israel alone, for its “inhumanity,” and for acting contrary to international law.

Her hope is in the rule of international law, and believes that Israel is guilty of breaching it despite the criticism of the international community. 

She acknowledges Israel’s legal defenses, such as its argument that Gaza is not occupied since Israel withdrew many years ago, and that Gaza is not a state and therefore many international laws do not apply, but they are all dismissed as word games.

The fact that laws,  even international laws, can be unjust and flawed is beyond her view.

The blockade is a tangible lightning rod for her resentment and frustration.  She rails against Israel’s “red line policy” that arbitrarily prevents cumin and coriander from being admitted through the border while each calorie through the border was counted.

To her, Israel’s military actions and the blockade are the source of Gazan suffering, and completely ignores Palestinian attacks on Israel’s own civilian population. 

Garson says that much needed machine parts are restricted from entry so water treatment machinery remain in disrepair.  Consequently, 70% of Gaza’s water is not drinkable. 

She says that the wall is de-humanising, creating caged lab rats for testing Israel’s military technologies.  Garson criticized New Zealand for proposing to purchase Israeli robots for $9m while only providing $1m of aid. 

She never once mentions that Egypt also enforces a blockade along its Gaza border.  Why the double standard? 

Garson repudiates the Trump Peace Plan as illegal, because she believes it is giving away land that is “rightfully” the Palestinians’.  She blames the international community of nation states for not enforcing international law.

In her eyes, only numbers and external pressure will change things. 

Therefore, boycotting Israel is the only option for world citizens, who care about justice, left that has any chance of success.

She urges New Zealanders to join her in the boycott, despite her misgivings of it as a tool.

She ends by reading aloud:

After the 2014 Gaza bombardment, she asked her team how they explain the bombs to their children.  They were small, they were pre-schoolers.  One team member replied, “We want our children to know that they have a right to live in their homeland, but we don’t want them to grow up feeling anger and hatred.  I say to my girls that Gaza is full of good people, but we have a very angry government.  Across the wall, there are good people in Israel too, but they have a very angry government.  When the angry governments fight, everyone is afraid.  But the angry governments will fall, then we must not hate, because we might forget how to live together, we are refugees but all humans deserve to live in peace and dignity, regardless of their religion.

It is not until Q&A time before it becomes clear that she is aware of other factors that would detract from her one-dimensional narrative. 

I asked, “Your quote about “angry governments” was intriguing:  To what extent can Hamas be held accountable for their actions by Gaza’s citizens?”

In reply, Garson said, “It’s the first place where I’ve worked where its citizens are afraid to even tell jokes about their government because they are so certain that they would be overheard.  The degree of control [exerted by Hamas] was often unpleasant.  The people don’t have a chance to state what their preferences are.  She ends by saying “Hamas is not very popular, but it is pretty effective.” 

“What do you mean by “effective?””

“At keeping control.”

“Hamas maintains the status quo,” said Garson.

QED.

One attendee, pointed out it was ironic that after suffering in the Warsaw Ghetto, Jews were now inflicting the same oppression on the Palestinians in Gaza.  An ignorant and false comment but disturbing because it further demonizes Jews.

Her testimony describing her genuine experiences in Gaza, witnessing the suffering of Gazans, and their hopelessness, is deeply moving.  But, her omissions and myopic framing of the problem turns their plight into cynical propaganda.

Tony Kan
President

NZ Friends of Israel Assoc Inc

Truly Beautiful

Wharariki Beach

Two years ago, I was standing at sunset overlooking Wharariki Beach, appreciating one of the most picturesque scenes that I have ever seen, if not the most, when a man approached me. “Beautiful, isn’t it?” he said. “Incredible,” I replied. I asked him where he was from and he said he was from a suburb of London. He had come to this part of the world with his wife for their anniversary, to see what he described as “heaven on earth” with his own eyes. He asked me where I was from, and when I replied Israel, his wife, who was standing next to him went, “Ohhh.” I asked her what she meant.

She said she had a friend, when they lived in Portugal, an Israeli, who used to talk about Israel all the time when they used to have dinner together. She told me about how he used to go on and on about his army experiences, the wars he fought in, and the smell of the Machaneh Yehuda market in Jerusalem. When she finished, her husband said, “We visited there once; a beautiful country you have.” “Yes, it is,” I responded, “but it’s different.” He asked why, and in that split second, I then understood why at moments like these, while appreciating God’s breathtaking creations, I had missed home more in the few days I had been on summer break in New Zealand than all the time I had been working on shlichut in Australia so far.

“It’s different because in Israel everything has meaning behind it. Sure, God created the entire world, the incredible beach here, the beautiful fjords in the south, and the amazing sunset we’re looking at right now. But in Israel, there’s something behind each view that’s much deeper.” He asked me to specify what I was talking about.

So I told him about where I live, and the view I have from my front porch. The biblical significance of my community, and the fact I used to live on a street named for the spring underneath it, that used to run all the way to the Temple in Jerusalem. I told him about the prophecies of Ezekiel that are coming to pass in my backyard, and the most mentioned prophecy in the entire Old Testament, which I experienced first-hand, live, four and a half years ago while getting off a plane and kissing the asphalt. I told him that I learned for two and a half years in a place where there’s a town square emblazoned with a 2,000-year-old prophecy from Zecharia, of old men and women returning to sit and children returning to play in that very spot, and how the local schools make sure that they time their recesses so that the square will never be empty of playing children.

I explained to him how when I prayed there, I prayed overlooking the place where the Temple once stood and will soon again stand, just needing to look up from my prayer book through the window to envision what I was praying for. I tried to convey to him how when my cousin in Israel finished a portion of the Bible relating to the story of our forefathers, he celebrated with his classmates in the very tomb of Abraham, Isaac and Jacob.

He was astounded by my response, and when saying farewell, commented to his wife “we must visit there again.”

When I returned from vacation back to Melbourne to start another year of trying to inspire all sorts of Jews from all different backgrounds to connect to Judaism and their homeland, many people in the community and friends asked me how my experience there was.

As I said to one of my friends who sarcastically joked based on my photos about me moving to New Zealand instead of coming back to Israel in August: There are two kinds of beauty in this world. Inner beauty and outer beauty, or in Hebrew יופי פנימי and יופי חיצוני. Many times over the trip I came to a viewpoint and saw something so incredibly beautiful that it caused me to just throw up my hands in the air and say “מה רבו מעשיך ה”, but even at those times I felt that something was missing when feeling the longing I had for Israel. Because the awe-inspiring forms of nature that I witnessed there may very well be some of the most beautiful scenes I will ever see, but the word “beautiful” here is only referring to the outer beauty, the יופי חיצוני. True beauty is composed of both inner and outer beauty. In other words, external beauty and meaning.

That doesn’t mean that I won’t travel to see the wonders of God, and try to witness landscapes that will increase my awe of heaven—spectacles so impressive that they will inspire me to spontaneously pray to God. But everything in life is perspective.

I may never see a more beautiful landscape of waterfalls running down the side of a mountain as I saw at the Rob Roy Glacier in Wanaka, but the mountain itself is empty. It’s a creation of God just like anything else in the world, but its holiness is limited.

And most of all, it isn’t mine. It wasn’t promised to my nation and myself by God.

It’s beautiful. But it isn’t truly beautiful.


Doni Cohen, 24, made aliyah from Bergenfield, NJ, to Efrat in July 2013. He did hesder in Yeshivat HaKotel, serving in Tzahal as a commander in the Military Rabbinate, did a year of shlichut through “Torah MiTzion” in Melbourne, Australia. He’s currently studying political science, Jewish history and contemporary Jewry in Hebrew University on Mount Scopus while working on various non-profit projects. He has written for and his aliyah story has been featured in various tri-state-area papers and he can be contacted at arbel67@gmail.com.

WHY SUCH A SURGE OF WORLDWIDE ANTI-SEMITISM | Israel Seen

Alan Dershowitz

Why are so many of the grandchildren of Nazis and Nazi collaborators who brought us the Holocaust once again declaring war on the Jews?

Why have we seen such an increase in anti-Semitism and irrationally virulent anti-Zionism in western Europe?

To answer these questions, a myth must first be exposed. That myth is the one perpetrated by the French, the Dutch, the Norwegians, the Swiss, the Belgians, the Austrians, and many other western Europeans: namely that the Holocaust was solely the work of German Nazis aided perhaps by some Polish, Ukrainian, Latvian, Lithuanian, and Estonian collaborators.

False.

Read more

I’m done passing as a matrilineal Jew | Jewish Telegraphic Agency

“Your Hebrew name?” the head of the yeshiva asked, pencil and paper poised to take it down for my aliyah, the honor of reciting Torah blessings. It was my third week at his school, a place where I’d reluctantly agreed to study for a semester in a city where fully welcoming options for Jews like me were almost nonexistent. 

“Erela,” I replied. My American tongue wrapped awkwardly around the “resh” — the Hebrew r that’s notoriously difficult for English speakers to manage. My parents hadn’t thought about that when choosing the name, nor the fact that “Erela” is an obscure variation on “Lion of God” that most people would hear as “Ariella” and I’d have to correct. But I digress.

“Bat?” he continued, referring to the Hebrew naming tradition of including one’s parents in the name.

“Ephraim v’Yehudit,” I answered.

My dad got his Hebrew name, Ephraim, the old-fashioned way, as a Jewish child born to two Jewish parents. My mom got hers from me a few years ago. I was starting rabbinical school and for the first time in my life was in an environment where people used their full Hebrew names with regularity. My mom happens to have an English name, Judith, that has a Hebrew equivalent: Yehudit. Ironically, it means “female Jew.” 

I say ironically because my mom is a Quaker. 

Read more