Monday, June 8, 2009

A question of law

It is apparent that the rule of law in the "only democracy" in the Middle East is under threat. Hardly surprising some may say, when we have an ex president on trial for rape, an ex priminister under investigation for corruption, a foreign minister under investigation for corruption and so on and so forth......

Still, it is inconceivable that people take the law into their own hands in a democratic country. It is also essential that the law be applied to all citizens in equal measure

In the same week that twelve Israeli Arab Israelis were indicted for the alleged lynch of terrorist, Eden Natan Zada in Shfaram four years ago, prosecutors dropped charges against settler Ze'ev Braude, who allegedly shot two Palestinians during a dispute at a house in Hebron in December 2008. Apparently there is video evidence of Braude's actions.

On Saturday six policemen and a photographer were injured by Orthodox protesters demonstrating against the opening of a municipal car park in Jerusalem on the Sabbath. Seven Orthodox protesters were arrested. It has been announced that IDF officers working in the West Bank are to be provided with bodyguards for them and their families. Protection is to be provided following right wing demonstrations outside officers' homes and threats against them and their families.

These are just four current examples. There are many one could choose for the purpose of this discussion.

The incident in Shfaram followed a terror attack where Zada a nineteen year old soldier murdered four Arab Israelis on a bus. He was then subdued by local people and arrested by police after which a riot ensued and Zada was beaten to death. There are those who see no difference between the actions of locals and those of civilians in Jerusalem who shot a bulldozer driver who used his bulldozer for a terror attack. I myself tended towards such a position. The fact that Zada had already been arrested and handcuffed and was then beaten to death roughly an hour after the incident is apparently the reason for the indictments. As terrible and cowardly as Zada's cold blooded act of terror was, in a civilised society revenge is no excuse or justification for unlawful killing. I have every sympathy with the people of Shfaram and trust that the extraordinary circumstances surrounding the event will be taken into account when it comes to sentencing.

I can also understand the feeling of frustration and accusations of double standards when prosecutors decide drop a case against a settler on the West Bank who has shot two unarmed Palestinians. Apparently there is video evidence of the crime yet there will be no prosecution. This is fodder for those who accuse Israel of double standards and racist policies. I have no idea if Mr Braude is guilty or innocent, however surely where two people have been shot and there is video evidence of the event, our justice system should demand that the case go to trial.

As for Orthodox Jews demonstrating on the "Shabos". I am not sure that this is what their god intended for them on the holy day of prayer. However as they live in a free and democratic country it is their right to demonstrate. It is not however their right to commit acts of violence on policemen or secular Jews who wish to live their own lives. The appeasement of such acts will only serve to embolden such behaviour leading to even greater chaos and violence on our streets.

The fat that IDF officers working on the West Bank now require protection in their private lives is a sad indictment indeed of where we have got to in regard to observance and upholding of the law. Intimidation from any quarter is unacceptable, whether it comes from right wing activists, settlers, ultra orthodox protesters or left wing activist during anti separation fence demonstrations. There are laws in this country which must be adhered to. If people choose to break these laws then there must be consequences and where appropriate punishment.

However the application of the laws must be without prejudice and must be seen to be applied to all citizens in equal measure. From issues of illegal construction whether in Jerusalem, the West Bank, Tel Aviv or the Sharon, the law must be applied in the same manner. When it comes to acts of terror or intimidation, it should not matter whether the perpetrators are Jews, Arabs or any other. The criminal acts must be seen for what they are with the law being applied accordingly.

For all its short comings, we do in fat live in a free democracy, which allows people to live their lives as they see fit, to voice there opinions without fear and to object and demonstrate their objection when feel the need. In my opinion this works in the favour of all despite the knowledge that there are those who would exploit these very freedoms in order to deny them to others.

Surely the state's ability to provide protection and security to all its citizens through the fair and impartial enforcement of its legal system is key to the development of a truly civil society.

Friday, June 5, 2009

Dear President Obama

Dear Mr President

I admire you oratory skills and your powers of persuasion. Were I an American citizen, I surely would have rallied to the battle cry of "Yes We Can" and voted for you. Further I must say that it takes real balls to stand up in Cairo and state that America's bond with Israel is "unbreakable". So to with your statement on the holocaust and those who would deny it. Big ones Mr President...huge!

I also admired your call for Israel to cease settlement activity and for a two state solution to be implemented. You have been attacked as being anti Semitic or anti Israel for these statements. personally I think these accusations are baseless, ignorant and hateful. Lets face it at least fifty percent, if not more of the Israeli population agree with this position.

If you will indulge me I do have a few concerns in regard to your speech.

Firstly I was rather concerned with your comparison of the Palestinian struggle to that of African slaves in America. I fail to see the comparison. Perhaps having had time to reflect on your speech you will understand why such a comparison would be deeply offensive to Jews, Israelis as well as generations of African Americans who's ancestors lived and suffered through the terrible crime of slavery. If I am not mistaken millions of Africans died as a direct result of the slave trade, not to mention those who ended up suffering the horrors of slavery. So you may want to rethink that one.

I noticed that your call on Israel to end settlements was quite specific. Although difficult indeed, one could see a scenario whereby such a thing could perhaps come to pass. As I said, more than half the population of Israel agree with you .

I just wish you had been as specific with the Palestinians and the wider Arab world. Lets start with the Palestinians. You call upon them to "abandon violence". You continue that " Resistance through violence and killing is wrong and does not succeed." I felt that this is a strange thing to say for an American. If I am not mistaken America fought a war with the British in order to get its own independence. The Irish fought the British to gain theirs. Algeria fought the French, Kenya the Birtish and.....well you get the idea. As I see it, the problem is that in the modern world terror works. There is no shortage of ex terrorists turned statesmen running countries throughout the world and what would appear to be a lack of resolve to truly confront it over time.

Please do not misunderstand me, I am not advocating terror or supporting its use by the Palestinians. In truth I believe it does them far greater harm than it does to the Israelis. and ultimately only serves to undermine their position. I should also point out the terrible double standard in relation to terrorist acts committed in the US, Europe or Asia and those committed in Israel or against Jewish targets. I am pointing out the inaccuracy of your statement as I cannot be the only one to have picked up on it and I doubt that your cause is served particularly well by such errors.

Anyway, moving on....oh good luck by the way with Hamas recognising Israel. I am sorry to say that I cannot see it happening. Oh and with the Saudi plan. I agree it was a good start, however given the Palestinian absolute refusal to give up their so called "right of return", again I'm afraid I find it hard to imagine the Arab world doing it for them. I am sure they would have no problem in betrayng their Palestinian brethren. Let's face it, it wouldn't be the first time. However one has to really question if the wider Arab world really does want the Israeli Palestinian conflict to end. If there was peace, then what would their people have to complain about. What would the UN Human Rights Commission have to focus on. It seems to me that the ongoing, Israeli Palestinian conflict serves the Arab world, or at least the powers that be in the Arab world extremely well.

This brings me nicely to some of the other issues you brought up in your speech. I understand this letter is quite long and will endeavout to be brief.

Again I commend you for raising some of the difficult issues.....

Democracy.......for my taste I must admit that it felt not a little patronising.....not to mention that to my knowledge your host is a brutal dictator who does not allow any serious form of opposition. So perhaps people may have been somewhat confused. As I write this I am trying to think of just one functioning democracy amongst the so called moderate Arab states who I understand you see as your allies. I must admit to struggling.

Extremisim.......Again well spoken. Such things need to be said. However I am sure you are aware that your ally Saudi Arabia turns out a veritable production line of extremist Wahhabi clerics who go out into the world to preach extremist ideology. I understand that Saudi money also funds the extremist Madrases in Pakistan.

Religious freedom.......Once more, great topic.....However again, if we take your ally Saudi Arabia for instance...sorry to keep harping on about them. They allow no freedom of religion. As a Christian does it not concern you that you and your co religionists would not be allowed to hold a service in Saudi Arabia and in fact wold be arrested for doing such a thing. If one looks at Hamas rule in Gaza, Christians are being systematically targeted by the regime and are in fear for their lives. Hamas are looking to Islamify Palestine, which bothers most Palestinians. On the West Bank to, the Christian population is being squeezed with many choosing to leave if possible.

Women's rights.....Yet once more a brave issue to raise, but again you may perhaps want to take a look at you so called allies' practices and attitudes towards women. I am not an expert on the subject, however it strikes me that women in the Middle East require more than brave words. I appreciate that there are cultural and religious issues to overcome and your desire to be diplomatic in that regard, however in addition to education and opportunity, you may have wanted to mention other important issues affecting women in Muslim society such as honour killings, forced marriage and slavery, but hey you made a good effort.

And there's the rub. You did indeed make a stellar effort and as usual your delivery was bang on. However your words seem to me, to be based in some kind of western liberal fantasy land. In my experience the Middle East is no such land. The harsh realities of life in the Middle East require a great deal more than nice words (however brave) and good intentions. We all know where such intentions can lead.

Mr President, if you are serious about peace in the Middle East and better relations with the Muslim world,.... for what it is worth..... these things will not come through appeasement and patronising attitudes, but through clear policies which make the necessary and specific demands of all parties....... yep including the Israelis.

The current expediency of "making nice" with Muslim dictators and tyrants who make a mockery of your vision and what I believe to be genuine desire to make real change; will not serve you or your country in the long term. It will only encourage entrenched positions and greater demands form the Arab world. Such behaviour in my opinion will also ensure that the status quo remains in the Arab world, where the people who deserve so much more from their leaders are caught between the tyrants and the extremists with no real hope of change.

Personally, I do not believe that you wish to sacrifice Israel to the tyrants or the extremists, however compromising Israel and its security to make ground with such forces I fear will backfire in the end. But hey you are new at this and I am sure you will get the hang of it in the end. I wish you all the luck in the world.

May your fantasies become our reality. In the meantime however excuse me while I live in the real world.