The Israeli Gov’t Filmed the Demos of Joy and Expressed its Disappointment with the Foreign Media

“Press under terror” was how deputy director general for PR in the Foreign Ministry Gidon Meir described the behavior of news agencies who refused to broadcast the Palestinian celebrations in the streets over the wave of terror attacks in the United States.

Government sources said that this referred to Reuters and AP, whose representatives were threatened by Palestinians that they would be hurt if these pictures were broadcast.

The Foreign Ministry heard by chance about the celebrations the Palestinians held in the streets. A police officer, the son of Gidon Meir, told his father of the Palestinian jubilation in East Jerusalem. Meir reported on this immediately to the foreign networks. The Foreign Ministry and the IDF Spokesman’s Office also filmed the events.

The Foreign Ministry has a great deal of material from these festivities, but has decided not to circulate it aggressively, but to give it to those who ask. Many media companies from all over the world did ask, and received, the Foreign Ministry material.

This artcile ran in Yediot Aharonot on September 14, 2001

French Ambassador to Israel Distinguishes Between Terror in NYC and Terror in Israel

Israeli figures have leveled severe criticism about the statement made by the French ambassador in Israel, Jacques Huntzinger, who said “the terror attack in the US should not be mixed up with the terrorist activity by Palestinians against Israel.”

At a reception President Moshe Katzav held for the diplomatic staff in honor of the Jewish New Year, Ambassador Huntzinger told reporters: “We all condemn the terrorism Hamas and Islamic Jihad perpetrate here. But this terrorism is linked to the Israeli-Palestinian conflict which must be solved. One cannot compare this conflict to the tragic events in the US. Such a comparison would be politically irresponsible. Arafat must act to stop terrorism, but this conflict must be settled.”

As for the terror attacks in the US, the ambassador, who is considered an important friend of Israel, said, “We don’t know for certain if Bin-Laden is tied to the terror attacks and who is responsible for the tragedy in the US.”

The ambassador appeared upset and angry while making these statements, which he repeated twice.

The journalists were astounded by what he said and by the way he was behaving which was termed “clearly undiplomatic.” They repeatedly asked him about comparing terrorism to terrorism. And the ambassador angrily repeated what he said, while condemning the terror attacks by Hamas and Islamic Jihad.

The ambassador’s statements caused astonishment. A political source in Jerusalem said, “In a proper country such an ambassador would not stay one minute longer. Had that terror attack taken place at the Eiffel Tower, the French ambassador would have spoken differently.” The Foreign Ministry are requesting clarification from the French government.

The political establishment also had serious criticism for the French ambassador’s statements. President Moshe Katzav said, “I regret that Europe is trying to maintain a balance between Israel’s decision to foil terror attacks, and the terror attacks themselves. One cannot maintain such a balance. Whoever says such things gives terrorism legitimacy and a green light.”

Chairman of the [Knesset] Education Committee Zvulun Orlev (NRP) said, “This is a serious statement which seems to have anti-Semitic and racist elements. If the ambassador does not apologize, he should be sent home.” Michael Kleiner (Herut): “The French ambassador is the Peton for the year 2001, an anti-Semitic racist whose letter of accreditation should be rescinded immediately and who should be sent to packing to Paris. The justices who convicted Dreyfus would be proud of him.”

A source in the French Foreign Ministry said last night that the ambassador is a “great friend” of Israel, and that the Foreign Ministry officials in Paris say jokingly of Huntzinger that he is “hooked on Israel.” The French source said he believed that ambassador “simply slipped up in speaking.”

Lior El-Hai adds: This morning a joint Labor Party-Likud demonstration is to be held in Haifa in front of the French consulate to protest the ambassador’s statements and call for his return to France, and “to replace him with a more suitable ambassador.”

This artcile ran in Yediot Aharonot on September 14, 2001

Terror Expert Prof Ariel Marari

Prof. Ariel Marari, a leading world expert on terror and political violence, who has held a series of key positions relating to world terror, tried to confront the question of questions this week: how is that a superpower, the only superpower in the world, was caught with its pants down.

Question: What does the world know now that it didn’t know Tuesday morning?

“It’s not that the world knows something it didn’t know before, but there is no doubt: the world has been dealt a blow to its consciousness. Among the scenarios, there was one called ‘catastrophic terror.’ But the truth is, it wasn’t taken seriously. This possibility was not internalized.”

Question: What do you mean by “not internalized?”

The American administration, in all its branches, made many preparations for ‘catastrophic terror,’ but this present occurrence is very unique. Regarding the method, there is nothing new here. It’s the same well-known method that has been in use for decades. The first plane ever hijacked was in 1931. The difference, this time, is in the results. As far as the results go, this is indeed ‘catastrophic terror.'”

Question: You mean they were ready for it?

“I say again, they never internalized this as a possibility. They said we’re working on it as a contingency plan, so that we have one. I, who dealt with this a lot, sat in working groups in which catastrophic simulation games were played, and had the feeling that this could perhaps happen in some undefined future. Certainly not here and now. The Americans have been dealt a hard blow, in their own home, on its most precious symbols.”

Question: And the writing was not on the wall?

“No. I did not consider it. If you’d asked me on Monday abut such an possibility, I wouldn’t have believed it. For years terror has been in a fairly static state. As far as the methods used, nothing had changed much.

What did we have, car bombs? Those have been around since 1947. Suicide bombers is also nothing new, and certainly not plane hijacking. So what is new here? Hijacking a plane to bomb it? Ahmed Jibril did this in 1970, with a Swissair plane, that blew up and fell into the sea, killing all the passengers. What is new here?

“But today we are talking about completely different dimensions. When you put it all together, the hijacking of four planes simultaneously, ensuring that the planes have an enormous amount of fuel, choosing destinations one of which is the most densely packed in the world (the Twin Towers building) and another target that is also heavily populated as well as a symbol of American military might (the Pentagon) the effect is far beyond what was common terror practice until now.”

Question: But if all the figures were known, how is it you didn’t think it would happen?

“A good question, for which I don’t have an answer. I can only apologize.”

Question: Binyamin Netanyahu spoke of it long ago. Now he also says that compared to what can still happen in the future, this attack was “small potatoes.”

“I don’t think it was ‘small potatoes.’ At the same time, when Netanyahu wrote his book a few years ago, I thought he was exaggerating. I must really be careful now.”

Question: He meant that within a short time, terrorists were liable to obtain a nuclear bomb and that then the situation would be much worse.

“The chances of a terror organization obtaining a nuclear bomb are not large, and they have no chance of producing such a bomb themselves. They can obtain biological or chemical weapons, but then they have the problem of dispersal. The Japanese cult had chemical weapons and no lack of funds, volunteers or technicians, but the number of those killed in the subway was only 12. Dispersing such weapons is problematic.”

Question: So what is new now? Is this war?

“Yes. This is definitely a new type of war. The person who did this broke new records. Until now, terrorists did not use all the capabilities at their disposal to cause the maximum number of casualties. There were limits they did not cross. George Habash’s Popular Front, for example, hijacked four planes in 1970, landed them, blew them up, but first took off the passengers. The person who perpetrated the present event had the goal of killing as many as possible. He must know — and he does know — that he has awakened the American giant from its slumber.”

Question: A giant that was asleep until today.

“Relatively. Relatively to other countries, the US was in fact very active in the war against terror. It has never rested until it has caught terrorists.”

Question: Would it be correct to say that Tuesday was an historic crossroads?

“Without a doubt. This is an historic crossroads for terror as well as for the war on terror. The world, in many senses, will be different now. The effect of this event goes beyond the significance of terror. It will have far reaching effects on all matters touching on international relations.”

Question: How will this be seen from the American aspect?

“In all sorts of ways. The US has a list of terror-sponsoring nations. American law states that the State Department writes up the list and America imposes sanctions on states appearing on the list. Iraq, Iran, Libya, Syria, Cuba and North Yemen appear on it. And indeed, American companies do not do business with them. On the other hand, European countries laugh hugely at this. Germany, France, even Holland, trade with them and call this ‘dialogue.’ The Germans explain to the Iranians: ‘We are different than you in our perceptions, we think that what you are doing when it comes to human rights is wrong, but if you want to do business, we’re ready.’ Iran owes Germany several billion dollars in credit and technical aid. Now, no European country will be able to relate indifferently to countries that sponsor terror.”

Question: In other words, it will be easier for the US?

“Definitely. For example, take sanctions on Iraq, which the US has been struggling for years to keep. Now it will be a lot easier. Not only in western Europe, but Russia and China as well.”

Question: And will this have an effect on Russia leaking weapons to Iran?

“I think so. There is no doubt that the Americans will apply all their weight from now on.”

Question: Is it significant that this is a Republican government?

“In this matter it makes no difference. The American people, just like with Pearl Harbor, now has a sense of being at war.”

Question: Let’s change direction. The world is now denouncing, but over time will reach the conclusion that it has to find a way to live with terrorists. To make compromises with them. Just as it did in the past with the PLO.

“In the example of the PLO, you’re right, that is exactly what happened. The Palestinians committed terror attacks in Europe, and all the countries in whose territories they happened were quick to proclaim how inhumane this was but, under the table, made arrangements whereby they promised the Palestinians that they would let them open delegations in their country and even support them in the UN when they asked for observer status, on condition they not commit terror attacks on their soil. But there is no parallel here.”

Question: Why not?

“Because in those cases, the attacks were against Israeli or Jewish interests, and only because it was convenient did the attacks take place in Europe. This week the Americans understood very well that this attack was directly against them. To kill as many Americans as possible, to strike at the heart of the United States. This time the Americans are the victims. Tuesday, without a doubt, was the watershed. The world will view things differently now.”

Question: When it comes to terror?

“Every year the State Department prepares a report on international terror. And there, among other things, are figures on the number of all the victims of terror. Each year this number comes to about 300 casualties. A colleague of mine once said ‘what does terror in fact do except make a lot of noise?’ After all, more people die every year from bee stings than from terror attacks. But over 10,000 dead in the heart of New York and Washington is an incredible shock. The world will not be able to adopt the same policy in place up until now.”

Question: Let’s say it is known that an organization in Damascus is planning a terror attack. Then what?

“If the Americans know that there is an organization in Syria planning an attack against Americans, the Syrians will immediately be given an ultimatum that within 48 hours, or something like that, they must transfer these people to the US to stand trial.”

Question: And if the Syrians don’t?

“They will do to them exactly what they did to Iraq, when American intelligence had information that Saddam Hussein was planning to commit an attack against former President Bush in the course of his visit to Kuwait. They did not commit the attack, but as punishment, the Americans struck at Baghdad with cruise missiles.”

Question: Can you envision a situation in which the Americans do such a thing to Damascus or Teheran?

Yes. Absolutely. There are no question marks here. After the present attacks, the Americans will have a light finger on the trigger, in a way we haven’t seen before.”

Question: However awkward it is to say this, perhaps this tragedy is good for Israel?

“In every bad there is some good. We are in the middle of a terrible week, a hard week, the pictures are awful, so many innocent people killed, all of them random victims. But like the NBC correspondent said who held up the headline of the Washington Post: ‘Disgrace.’ The Americans now feel that their national honor has been terribly insulted. There has been a frightful blow to everything the US stands for as the leader of the free world. There is no question that what happened will give a good shake to the apathy and egoism of many countries, such as the shameful European attitude toward Libya, Iran or Syria. This blow, that was taken by America, has changed international relations in a very fundamental way.”

Question: And where is Israel in all this? The Israeli-Palestinian conflict?

“One could say cynically that if we now wanted to wipe Jenin off the map, the Americans would say ‘go ahead.’ I’m assuming that we won’t want to wipe it off, but there is no doubt that understanding for us will be much greater. Not just from the Americans, but the Europeans as well.

“Take Carmi Gillon for example. What will the average Dane say if we hone the following dilemma: assume that the FBI catches one of this gang and this person has information that the cell is planning something terrible, but the man refuses to say what and he cannot be touched, even with your little pinkie. Or else he begins to claim his rights, asks to call a lawyer, who shows up and begins to prattle about ‘my client wants this, my client doesn’t want that,’ and then he has to be released on bail, while in the meantime an attack takes place killing 20,000 people. Would the average Dane think it immoral in that case to shake the suspect?”

Question: How will this attack effect terror organizations?

“For them, this attack has opposing consequences. On the one hand, it set a new threshold, something to aspire to. Not only that, look, it’s not even that complicated. On the other hand, I think that terror organizations are on alert today. They realize very well that the mood in the world is in favor of dealing a blow to terror, a mood of broad approval for taking action against terrorists.”

Question: Can Israel now allow itself to do things it has not done until now?

“If this is a strategic decision, there is no doubt that now is a very convenient time. Incidentally, I personally am against entering Area A.”

Question: Will Hamas and Islamic Jihad think twice today before dispatching a suicide terrorist?

“Hamas was always very radical from an ideological aspect, but also very pragmatic. They always made considerations of profit and loss before undertaking action. For example, after the attacks in 1996, when the Palestinian Authority came down hard on them, froze their bank accounts, took over their mosques and shaved their beards to humiliate them, they stopped terror attacks.”

Question: What does this mean for the immediate future?

“I believe they will take a break. While the real inclination of the Palestinian Authority and the Palestinian people is to rejoice and hand out candy, Arafat understood very quickly the political ramifications of this and began to make faces as if he was very sad and to send condolences. He realized that if he didn’t do this, he would be in big trouble with America.”

Question: So perhaps these events could be used as a means to obtain a cease-fire?

“If Arafat had any sense – something in doubt in light of all the strategic nonsense he’s committed in the course of his career — he could use this tragic event as a ladder to climb down from the tree. Because so far, he has climbed up the Intifada tree and placed all his political cards there, but not produced any gain. He has only caused suffering to his people, radicalized Israeli society, and there is still no sign that Israel is willing today to give him anything more than Ehud Barak was willing to give. Less, if anything. But I doubt he will have the courage and the long term vision to do so.”

Question: How can such terror attacks be prevented?

“This requires a series of answers. First of all, this was clearly an intelligence failure. Obviously it is not easy to obtain intelligence information on terror organizations, because it means infiltrating agents, and if it is a foreign organization, then it is not a simple thing. It’s particularly difficult when it comes to organizations that are very united ideologically, while geographically, like in the case of Bin Laden’s group, they are also very dispersed.”

Question: Could such an event also happen here?

“In principle, yes. You think Israeli intelligence has only had successes? Was a prime minister not assassinated in Israel? Have we not had terror attacks? Remember, the first plane to be hijacked was an El Al plane.”

Question: And how do you think we would react?

“I assume that if this happened here, God forbid, we would respond very harshly, including with territorial implications. And I also assume, that under these circumstances, Arab countries like Egypt and Jordan would not intervene.”

Question: Speaking of Israel, it is still more difficult to hijack an Israeli plane.

“Hijacking an airplane in the US is very easy, particularly domestic flights. In the US, the airlines are responsible for security, not the state. I assume this will change now. Pilots are also instructed to do whatever the hijacker says so as not to endanger the passengers. In the US they are not careful about keeping the cockpit door locked. On El Al, the door is locked and armored. There are guards on El Al. If there had been one guard with a gun, he would most likely have been able to stop their operation. Such an attack, with knives, could not have taken place on El Al.”

Question: As of now, no real organization has claimed responsibility. Bin Laden denies involvement. What interest does an organization have in committing these attacks if no one knows who they are?

“To cause pain to the Americans, to signal its supporters at home. For the Moslems, Bin Laden already has the aura of a true hero. But he knows that if he claims responsibility for the attack, then either Afghanistan will have to assassinate him itself, or serve him up on a platter to the Americans, or America will go to war against Afghanistan.”

Question: Indeed? If the Americans demand him and do not get him, will they go in and take him?

“I think that is what will happen. The moment the Americans feel they have enough proof, they won’t wait for a court ruling. They will issue an ultimatum to the Taliban, and the entire world will support them. They will demand Bin Laden and his helpers.”

Question: And if they don’t get him?

“The Americans have the power to hurt. Cruise missiles for example. They will make all sorts of special operations. Let’s say, for example, that they send in a force to hunt him down. This is not the same as going into the heart of Iran to rescue a group of diplomats. He’s stuck somewhere in the mountains. I assume that with an intelligence effort, they can send in a force to pluck him up and bring him to the United States.”

Question: Do you envision Israeli-American cooperation?

“Yes. We won’t rush to get involved in a war against Afghanistan, but I imagine, that whatever the Americans ask, they’ll get.”

Question: After this week, is terror in the world stronger or weaker? “Weaker. The world reaction will be so harsh, that it will weaken.”

Question: Is there a country hiding behind the wings? “That cannot be ruled out. If Saddam Hussein is indeed very ill, and knows he is about to die, he could have good reason to settle scores with the Americans. In other words, to ensure his place in history.”

Question: Could it be another country? “It’s hard to believe. It is really an act of suicide.”

Question: Let’s say it is Iran. Is this a cause for war?

“Yes. Enough senators have said that this was an act of war against the United States.”

Question: How soon will we see the missiles flying?

“As soon as the Americans have proof. I believe that within a few days we will know who was behind this.”

Question: Would you say Bin Laden is a dead man?

“Do you know the Arabic phrase — ‘every dog has his day?’ The Americans know it well. If he did it, his days are numbered.”

This artcile ran in Maariv on September 14, 2001

Witness to Terror: Watching the World Trade Center Implode and Listening to Security Sources in Israel

The terror at the Twin Towers caught me in Lower Manhattan, where I was giving briefings on how the PLO, the seemingly legitmated peace partner with Israel, had incorporated the Hamas and Islamic Jihad organizations and philosophy within the PLO’s Palestinian Authority, in its school books, media, maps, and evolving legal system.

Indeed, the new constitution of the Palestinian Authority, prepared as a framework for a new state, excludes any juridical status for Judaism or for Christianity within the new state. The borders of the state remain all of Palestine. The Islamic impulse to regain and liberate all of Palestine remain the dominant features of the PA school system. The entire population of the Arab refugee camps are mandated to return to the precise homes and villages that they left in 1948.

All this, at a time when the PLO’s Palestine Authority and UNRWA, the agency that runs the Arab refugee camps under the premise and promise of the right of return, have received massive help from around the world. The director of the European Union in Israel, Mr. Jean Breteche told me in an interview that the EU has poured more than $3 billion into the Palestinian Authority, an entity with no accountability whatsover, whose ideology could easily be described as Islam uber alles.

Before my scheduled lecture on the subject of the PA’s absorption of Islamic extremism scheduled for the afternoon of September 11th, I gazed in horror outside of the office that I was working in the 24th floor at 401 Broadway. Following the two plane crashes into the Twin Towers, I was witness to a towering inferno on top of a Twin Tower closest to us. I quickly cocked my camera in the direction of the building and caught the picture of its explosion and collapse.

Throughout the next 12 hours, I contacted trusted security sources in Israel to hear what they had to say.

Their feedback: to look beyond Bin Laden to determine who was responsible for this horrendous crime.

One source at the Israeli prime minister’s office noted that Israel was warning the US to examine the cooperation of several governments, NOT individuals,in the perpetration of this act: Afghanistan, Iraq and Iran, coordinated with Syria and the PLO.

A Former advisor on terrorism to Israeli Prime Minister’s Office, Mr. Rafi Eitan, told Jerusalem investigative reporter Dennis Eisenberg that all signs pointed to Iraqi leader Saddam Hussein as trhe leading perpetartor.

Another Israeli intelligence expert remarked that the Israeli government had warned that US airlines may have been infiltrated by Moslem personnel who could have been activated to carry out such attacks.

Meanwhile, my conversations with Palestinian reporters made it quite clear that the demonstrations of joy that occurred immediately following the attacks in the cities under the Arafat’s control could not have been organized without the direct approval of Yassir Arafat. Middle East Newsline Director Steve Rodan reported that Arafat’s personnel were out there at the forefront of the Palestinian street demonstrations that lauded the Twin Tower attacks. And most important,it was the PA that alerted and invited the AP, Reuters, BBC, CNN and NBC to film the mass Palestinian demos of support for the terror attacks against the US.

On the eve of Arafat’s first diplomatic visit to Damascus in a generation, it became clear that the PLO chieftan wanted to let the Arab world know that his people supported direct terrorism against ALL targets in the US, civlian and military.

However, Arafat condemned the attacks a few hours after the demos of joy took place, so that he could benefit from both worlds with two messages: Arafat successfully conveyed to the west that he condemned the action and successfuly conveyed to his own people that they should express their support for the attacks.

It will now be incumbent upon those of us to cover the Palestinian Authority to provide the media with the precise message that Arafat conveys to his own people in his own language, so that the world will judge whether or not the message that Arafat conveys is one of war or one of peace.

After a decade in which the US state department has asked Israel to ignore Arafat’s rhetoric and to get down to negotiations no matter what Arafat says, it will be interesting to note if the American people maintain that same level of patience when and if the official media of the Palestinian Authority continues to endorse terror.

There is only one way to tell: And that is to publicize the official message of the Palestinian Authority: Islam uber alles, from sea to shining sea.

Doomsday?

“A day that will live in infamy.” That was how President Franklin Roosevelt described the attack on Pearl Harbor 60 years ago. And that, and more, is how yesterday’s cataclysmic disaster will be remembered in the United States. From this morning, human history will never be the same.

Most residents of the global village looked on in shock at the horror movie that turned into a dreadful reality. The apocalypse suddenly seemed more tangible than ever, the war of Gog and Magog on our doorstep, doomsday, here and now.

It was indeed “conventional terror” according to the accepted definitions, but one with the effect of an atomic bomb, both because of the carnage it caused and the terror it aroused.

The hijacked planes hit the vital organs of the biggest, strongest empire in the world: the towers, like two giant missiles of the economic and judicial world of the United States, and the heart itself, the military nerve center in Washington. The wound is serious, and the shock is worldwide.

Now, history will test the newly elected rookie George Bush. With his abilities, which some claim to be fairly meager, he will have to bring the war to their doorstep, and with his leadership, which many hold in doubt, he will have to lift the American nation back up from the ground. The mission is great and broad, and it is feared that the shoulders which must bear it are narrow.

The Americans’ immediate suspect is the terrorist Osama Bin-Laden and, along with him, countries that support terror, the Palestinians among them. Along with this, and though the chances seem slim, we must not forget that this was also the consensual verdict given by experts after the Oklahoma City bombing in 1995, until it was found that the perpetrators were home-grown American madmen. As of last night, to complicate things even further, the Japanese were in the picture too.

History proves that the wrath of America, even delayed, can be fearsome and terrible. As long as it is not proved otherwise, America’s large Moslem community will need to go underground, and leaders of certain Middle Eastern countries will do well to go down into their bunkers.

The joyful dances of the Palestinians in East Jerusalem and the West Bank were, therefore, not only nauseating, but short-sighted as well. Israel, if it had such tendencies, now could do whatever it wished in the territories, and no one in America would bat an eyelash. “Just try and find us,” the Americans will tell the Palestinians as they celebrate, and that could go on for a very long time.

Most Israelis, on the other hand, empathized with their brothers and sisters in distress, because this is our own hell magnified thousands of times, and it happened in New York, their alternate homeland. And the loss, to our great grief, will only become stronger in the coming days, when it becomes clear how many Jews were among the victims.

This article ran in Maariv on September 12, 2001

Implications of Terror Attack for Arafat

The terrible disaster in the United States is a dark and gloomy day for Arafat. Arafat has lost his most useful vehicle, since he used terror to try to make the world criticize Israel.

I am almost completely convinced that Osama Bin-Laden is responsible for the terror strike. If that is true, he is a dead man. I believe that there will be acts of war from the United States, but I do not believe that there will be any use of nuclear weapons, since there is no need for this.

I have come to the conclusion that no country, such as Iran, Iraq or Libya, would have dared to commit this act of terror. A strike like this against America would bring about the destruction of the government that committed it. It is in effect a massive declaration of war against the United States. If Saddam Hussein is found responsible for it, Baghdad will not stand intact for long and Hussein will be eliminated. If it is Bin-Laden, he will no longer be able to exist. I will be very surprised if any nation stands behind the attacks. Bin-Laden does not need the infrastructure of any other state.

The force of the attacks is surprising. It is a step up in terror. Instead of a car bomb, airplane bombs are used. The dreadful attack works in our favor in terms of public relations. From the perspective of the Jews, it is the most important public-relations act ever committed in our favor. The pictures are terrible, and they are better than a thousand ambassadors trying to explain how dangerous Islamic terror is.

The writer is an expert on terror and the dean of the Lauder School of Administration in the Interdisciplinary Center in Herzliya.

This artcile ran in Maariv on September 12, 2001

What is the Basis for the Legal Status of Israel and the Settlements

Moshe Negbi, a well-known legal commentator for the Ma’ariv daily as well as for Kol Yisrael radio, was interviewed here last week. One of the subjects discussed was the legality or lack thereof of the Jewish settlements in Judea, Samaria and Gaza.

The Arab claim concerning the illegality of the Jewish settlements in Judea, Samaria and Gaza could not have found a more eloquent spokesman than Moshe Negbi. He very fervently – stressing most firmly that he does not allow political considerations to influence his opinions, but rather speaks as a “jurist and nothing else” – tried to convince us that the settlements represent a violation of the laws of war and that they therefore are an international crime. He also claimed that all, or almost all, experts in international law universally accept the view that the settlements are illegal.

While I have no pretensions to even a fraction of the knowledge and understanding of law that Negbi possesses, I do believe that I have acquired certain reading comprehension skills. I have read the relevant material in the public international legal literature and my conclusions concerning the position of international law on the legality of the settlements – based on the opinions of world-class experts in international law – are diametrically opposed to those of Negbi.

1920 – The Historic Bond Becomes a Legal Right

In 1920, after World War I had ended, the Allied Supreme Council that assembled at San Remo, Italy, decided, in accordance with the Balfour Declaration of November 2, 1917, to assign the mandate for the establishment of a national home for the Jewish people in Palestine to Great Britain. This turned the right of the Jewish people over Eretz Israel into a right recognized by international law.

The historic bond that the Jewish people had with Eretz Israel consequently became a right legally recognized by the 52 members of the League of Nations. The United States joined the League at a later time, not having been a member of the international organization at the time. [and held a separate forum with identical final documents in 1925, establishing a homeland for the Jews in Palestine. ~Shosh]

The significance of the recognition of the right of the Jewish people to Eretz Israel by international law was in its acknowledgment of the justice of the Jewish and Zionist claim to the land that had been stolen from the Jewish people by foreign occupiers and their right to have it restored to them. The recognition also voided the legal validity of the occupation of Eretz Israel by foreigners as well as the expulsion of Jews from it.

The Mandate over Palestine, which anchors the rights of the Jewish people to their country in international law, states that “No Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power,” and that “The Administration of Palestine… shall facilitate Jewish immigration under suitable conditions and shall encourage… close settlement by Jews on the land, including State lands and waste lands not required for public purposes.

The British government did not fulfill the aim of the Mandate where immigration and settlement were concerned (the decrees of the White Paper) in gross violation of its obligations under the Mandate. Additionally, it abused its role as the guardian of Eretz Israel for the purpose of the establishment of a national home for the Jewish people. In September 1922, just months after the confirmation in writing of the Mandate, Britain decided to separate the eastern bank of the Jordan from the western part and transfer control of the eastern side to the Arabs (Transjordan).

Subsequently, only western Eretz Israel – from the Mediterranean to the Jordan – the “West Bank” – remained, in the eyes of international law, as the area designated for the establishment of a national home for the Jewish people. It was this separation on which the peace treaty with Jordan was based, whereby Jordan kept the land on the eastern bank of the Jordan River and became the ‘palestinian homeland’. This separation specifically reserved the West Bank for Eretz Yisrael even as it gave the Eastern bank, which should ALSO have been part of Israel, away.

This legal status of this area – in the view of international law – has not changed to this day. Even the United Nations partition plan of 1947 was rejected by the Arab world, and on May 15, 1948, the day the British Mandate over Palestine ended, the Arabs attacked the newly born state with the express goal of annihilating it. It should be stressed that the partition plan was in fact no more than a recommendation, and had no power to bind the sides, and this too was, as stated, rejected by the entire Arab world and therefore became null and void in the eyes of international law. Judea and Samaria are part of the Jewish homeland

Did the Jewish People Lose its Rights to Those Areas of Eretz Israel Lost in the War of Independence, 1948?

The answer to this question is no. Egypt did not establish sovereignty over the Gaza Strip and the sovereignty of Jordan over Judea and Samaria was recognized by only two countries, Britain and Pakistan. In fact, Jordan never held legal sovereignty over the areas of Judea and Samaria, and has relinquished any claims to sovereignty there. The status and rights of Jordan over the parts of Eretz Israel it occupied for 19 years were at most the rights of an occupying force.

In consideration of the fact that Israel succeeded in restoring this territory in a war of defense that had been forced upon it, while Egypt and Jordan took the same territories by means of illegal aggression in the War of Independence, Israel’s rights over the areas of Judea and Samaria take priority over the rights of the hostile Arab countries. These areas, therefore – from the point of view of international law – never ceased to be part of the western Eretz Israel designated in its entirety for the establishment of a national home for the Jewish people, including of course, the right of Jews to settle in their land as established in the British Mandate.

Did the End of the British Mandate over Eretz Israel Generate Any Change in the Rights of the Jewish People Over its Land From the Point of View of International Law?

The answer to this question is also no. Article 80 of the UN charter was written to defend the validity of rights determined in the Mandate even after the mandate system no longer exited. After the areas of western Eretz Israel were liberated from the Arab occupier in the Six Day War (1967), returning them to the control of the Jewish people, all the obligations according to international law remained as they were. The purpose of these areas, after all, was that they serve as the basis for the establishment of a national home for the Jewish people.

It is in fact the duty of the Jewish state, which replaced the British Mandate, to fulfill these obligations. Israel’s status in these territories, therefore, is in no way that of an occupying force, because in accordance with the outlook that has guided the State of Israel since its establishment, Israel does not annex territory that before 1948 was part of mandatory Eretz Israel. (i.e. Israel does not annex it’s own land)

Israel does not consider itself to have the status of an occupying force because it never considered the Arab countries that invaded Eretz Israel in May 1948 as having any sovereign rights over the territory of Eretz Israel they occupied. They were merely military occupiers. After this territory was restored to the control of the State of Israel, it became the obligation of the Jewish state – both from a Jewish Zionist standpoint as well as from the point of view of international law – to realize the rights of the Jewish people over the Western part of Eretz Israel in its entirety, including the right of settlement.

UN Resolution 242 Does Not Require a Return to the 1967 Borders The media often refers to settlements and the presence of the IDF in the West Bank and Gaza as “illegal under international law.” This is the Palestinian viewpoint, which is derived from their citation of UN Resolution 242, which states “the withdrawal of Israel’s forces from territories occupied in the recent conflict [1967].” The authors of this resolution have stated publicly and repeatedly that they omitted the words “all territories occupied” and FURTHER, they added phraseology which called for “an accepted settlement” between the parties because “all States have the right to live within secure and recognized boundaries.”

It is evident both from the paper reprinted today and UN Resolution 242 that Israel does INDEED have every right to sovereignty and settlement in the West Bank and/or Gaza.

The Geneva Convention Does Not Void the Mandate

This position, which views the right of Jewish settlement in Judea, Samaria and Gaza as anchored in the rules of international law, is supported by a once-highly placed figure in the American administration, one of the drafters of the celebrated UN Resolution 242, a Deputy Secretary of State and professor of international law, Eugene Rostow. He wrote,

The primary objective of the Palestine Mandate was different [from the mandate over Arab countries]… The Allies established the Palestine Mandate in order to support the national liberation of ‘the Jewish people’ because of ‘their historic connection to the land.’ The mandate encouraged the Jews to found a national home in Palestine, and gave them the right to establish a “National Home” in Palestine and granted them the right to make close settlements without prejudice to ‘the civil rights and religious rights of the existing non-Jewish communities in Palestine.’ The term ‘civil rights’ in this sentence is carefully distinguished from ‘political rights.’

The right of the Jewish people to settle in Palestine has never been terminated for the West Bank… The only way which the mandate right of settlement in the West Bank can be brought to an end is through the annexation of the area by an existing state or by the creation of a new one.” Rostow stresses that the right that arose by virtue of the Mandate is perpetual, as long as the territory of the Mandate is not turned into an independent state or does not become part of an existing one.

Therefore, from the point of view of international law, the recognized right of the Jewish people over all areas of western Eretz Israel is completely valid, including the right to settle throughout the territory.

Rostow also rejects the claim that the act of settlement violates article (49)6 of the Fourth Geneva Convention of 1949, which forbids an occupying power from deporting or transferring parts of its own civilian population into the territory it occupies. Professor Rostow writes that the settlers of Judea, Samaria and Gaza were not transferred to live there as a result of deportation or “transfer.” “The Jewish settlers in the West Bank are most emphatically volunteers,” he writes. “They have not been “deported” or “transferred” to the area by the Government of Israel and their movement involves none of the atrocious purposes or harmful effects on the existing population that is the goal of the Geneva Convention to prevent [deportations for the purpose of extermination, slave labor, etc.].” (This article was written to ENSURE that another Holocaust is prevented. ~Shosh)

Furthermore, writes Professor Rostow, the Geneva Convention applies only to acts by one signatory country “carried out in the territory of another. The West Bank is not the territory of signatory power, but an unallocated part of the British Mandate. Even if the Geneva Convention could be interpreted as to prohibit acts of settlement during the period of occupation, it can in no way bring to an end the rights granted by the Mandate. It is hard, therefore, to see how even the most narrow and literal-minded reading of the Convention could make it apply to the process of Jewish settlement in the territory of the British Mandate west of the Jordan River.”

And he continues, “But how can the Convention be deemed to apply to Jews who do have a right to settle in the territories under international law? – a legal right assured by treaty and specifically protected by Article 80 of the United Nations Charter, generally known as the “Palestine Article.” The Jewish right of settlement in the area is equivalent in every way to the right of the existing population to live there.”

Regarding the Geneva Convention, it should be pointed out that the willingness of the Government of Israel to recognize the validity of the Geneva Convention over the areas of Judea, Samaria and Gaza was merely and exclusively for humanitarian reasons, and not for any other purpose. Consequently, Moshe Negbi’s claim that “If Israel can annex East Jerusalem, then by the same token, Egypt can declare tomorrow that New York is part of Egypt,” is completely baseless. New York is part of a sovereign state – the United States of America – meaning that Egypt cannot declare sovereignty over it. Judea, Samaria and Gaza, on the other hand, are not part of any country and furthermore, from the point of view of international law, belong to the Jewish people.

Accordingly, the State of Israel – the state of the Jewish people – is entitled to declare sovereignty over the areas which according to international law belong to it. It certainly has the right to allow Jews to settle there, pursuant to international law.

A long list of supporters Moshe Negbi’s attempts to undermine the rights of his own people to their homeland notwithstanding, Douglas Feith, who served as Deputy Assistant Secretary of Defense and Middle East specialist on the White House National Security Council staff during the Reagan administration, holds a different view. He writes “[Although] the Mandate distinguished between Eastern and Western Palestine… it did not distinguish between the region of Judea and Samaria and the rest of Western Palestine. No event and no armistice or other international agreement has terminated the Mandate-recognized rights of the Jewish people, including settlement rights, in those portions of the Mandate territory that have yet to come under the sovereignty of any state. Those rights did not expire upon the demise of the League of Nations, the creation of the United Nations, or the UN General Assembly’s adoption of the 1947 UN Special Committee on Palestine plan for Western Palestine.”

Feith explains that if the Jews do not have recognized legal rights to their claim to Judea and Samaria as part of their state, then they lack such rights in any part of Eretz Israel because all the rights derive from “the historical connection of the Jewish people with Palestine recognized in the Mandate.”

[This is why so many peace supporters in Israel draw the line at giving away the Temple Mount. The Mount is our strongest historical connection to the land of Israel and if we give that away, we give away the BASIS by which ANY LAND in the region is allocated as a Jewish State. To give away the Mount gives away the right to a Jewish State at all and paves the way for a legal overturning of Israel’s right to existence.”]

He adds that the claim that the Jews do not have a legal claim to Judea and Samaria could be catastrophic concerning other claims the Jews have to sovereignty over Israel within its pre-1967 borders.

I have cited here only two experts in international law who hold this view, but the list of jurists and members of the administration who support the legality of Jewish settlement in Eretz Israel is very long and includes such names as Julius Stone, Professor Yehuda Bloom and others. It could at least be expected that Moshe Negbi, who undoubtedly is aware of these views, demonstrate some measure of integrity and acknowledge the existence of the legal positions with which he is not comfortable and which run counter his own political views.

In any case, before accusing Israeli governments of being instrumental in the commission of international crimes, he might do well to consider this question: Would not the deportation of Jews from their place of settlement – as the Arabs demand as part of their call for the dismantling of the “illegal” settlements – in fact be itself an international crime – as deportation is termed in international law? Would Mr. Negbi feel comfortable with the fact that the only place in the world (perhaps outside of Saudi Arabia) where the policy of “Judenrein” is implemented de jure and de facto is in the only homeland Jewish people have?

Not only is the right of settlement in the land of Israel an integral part of the Zionist vision – it is strongly anchored in the precepts of international law.

The Five Ceasefires Since the Intifada Erupted

The “cease-fire” achieved in Gilo on August 29th is the fifth such agreement to be reached between Israel and the Palestinians since the eruption of the Intifada. Some of the agreements were bilateral, others were unilateral — and they all held for a very short period of time.

October 17, 2000: The first cease-fire is achieved, just under three weeks after the Intifada erupted, between former prime minister Ehud Barak and Palestinian Authority Chairman Yasser Arafat at the end of the Sharm el-Sheikh summit meeting. In the course of the Taba talks in January 2001 things were relatively calm, but a genuine cease-fire never reigned.

May 22, 2001: In the wake of the publication of the Mitchell Committee’s recommendations (an international committee appointed to investigate the circumstances that led to the eruption of the riots), Prime Minister Ariel Sharon declared a unilateral cease-fire. The Palestinians alleged this was done for public relations purposes, and the gunfire was renewed within a number of days.

June 2, 2001: In the aftermath of the suicide bombing attack in the Dolphinarium, Arafat declared a cease-fire. The reasons: international pressure that was applied on him and his fear of a very strong Israeli military reaction. This cease-fire was honored for two to three days only.

June 13, 2001: In the wake of the intervention of CIA Director George Tenet, Israel and the Palestinians announced that a cease-fire had been reached. One of the clauses of the cease-fire was that after seven days of quiet, Israel would be prepared to return to the negotiating table. This cease-fire too lasted only two or three days.

This article ran in Yedioth Ahronoth on August 30, 2001

Racism, Genocide and Politicide in Syrian Textbooks

Introduction

To use the term “anti-Semitism” would be understating the degree of hostility displayed in Syrian school textbooks towards Jews and Israel. Professor Bernard Lewis defines anti-Semitism as an unprecedented degree of hatred which is “unique in its persistence, its universality, its profundity, and above all its theological and psychological origins. Unlike other forms of ethnic and racial prejudice, anti-Semitism goes beyond mere denigration or even persecution, and attributes to its adversary a quality of cosmic and eternal evil”*.

However enlightening this definition may be, it does not encompass all the dimensions of Syrian hatred towards Jews and Israel, as disclosed in a recent report released by the Center for Monitoring the Impact of Peace (CMIP) on school textbooks in Syria. CMIP reviewed 68 schoolbooks which were in use during the school year 1999-2000, for grade 1 to grade 12, in the following disciplines: Language-Literature-Readers (26), Grammar (8), History (7), Geography (7), Civics (3), National-Socialist Education (6), Islamic Education (6) Christian Education (3). See CMIP internet site: www.edume.org

Syrian hostility towards Jews and Israel would be better defined as a singular combination of de-legitimization, de-humanization, racism, criminalization, and justification of genocide and “politicide”**.

De-Legitimization

According to the Syrian textbooks, contrary to the Zionist claim, the Jewish people and the State of Israel have no legitimacy whatsoever. They are “a false people”, an “imaginary nation”, an “artificial entity”. The religious bond alone “cannot make them an independent nationality”. They lack the characteristics of a nation, such as “territory, culture, language, mental composition, common history and economic unity” [Reader, Grade 12, pp129-130]. In other words they have no historic, religious, cultural, national, political rights whatsoever that could justify their existence as a people or a nation.

Discreditation and De-Humanization

Jews and Israelis are depicted as racist and arrogant. The Jews are “pushed by their racism to claim that they are the cream of creation and the favorites of God” [Islamic Education, Grade 11, p33]. They display “hostility and disdain towards the nations”. The Israelis nurture “black malice” against the Arabs and against humanity, and they “are possessed by thirst for bloodshed”. They are repugnant, look like devils and smell bad: “A permeating smell returned to my consciousness, It is [the wolf’s] smell that my nose cannot miss. Suddenly I saw him among the bushes” [“Palestine is Arab” in Selected Stories, Grade 6, pp64-65]. The Israelis kill the flowers and the children: “The teacher said: the enemy is infatuated with killing children..They kill the children so that they would not grow up and defend their nation” [“Hunting the Wolf Alive”, Short Stories, Grade 5, pp78-79]

Racism

Although denied as a people or a nation, the Jews are singled out as having an evil and criminal nature: they are avaricious, they conspire and revolt, they are treacherous, they stir up quarrels among the Arabs, they are full of cunning, “deception and conspiracy”, they are disloyal. All these evil traits are rooted in the personality of the Jews, in their “nature” and “soul”. “Islam unveils their cunning and evil nature” [Islamic Education, Grade 11, p33], “the treacherous intention harbored in the Jews’ soul” [Islamic Education, Grade 6, p127], ” it points to the hostile [and] evil tendency that is rooted in Jewish personality” [Islamic Education, Grade 10, pp115-116].

Criminalization

In those textbooks, the Jews and Israel are depicted as having committed the greatest crimes. The Jews are racist and they are the enemies of God. Israel is the enemy of peace and of mankind. It displays contempt for the principles and ideals of humanity, and does not respect international law: ” [you should be] showing that this state was established in war, and is based on the continuation of war.. that nothing will break its vigor and arrogance except the language it understands, because it does not respect [any] right, nor does not abide by [any] obligation, and it ignores all international agreements and conventions” [Homework, National-Socialist Education, Grade 8, p148].

Genocide

Coexistence with the Jews is impossible because of the evil and criminal tendencies that are ingrained in their personalities. They endanger the very existence of Islam and of the Arabs and threaten them with destruction and extinction. “Therefore the logic of genuine justice decrees against them one verdict the carrying out of which is unavoidable. Their criminal intention should be turned against them by way of their elimination [isti’sal]” [Islamic education, grade 10, pp115-116].

Politicide

The Syrian textbooks claim that Israel is a threat to the entire Arab world, an obstacle to its unity and a cause of its backwardness. The Arabs are threatened with extinction by Israel and should work to “liquidate the Zionist existence” on the Arab land and liberate the entire occupied Arab soil. “This is a great victory [the 1973 war]! But the greatest victory [will be] when the Zionist entity is driven out of Palestine and the entire Arab soil is recovered. Then we shall have our greatest joy”. [Principles of Grammar, Diction and Script, Grade5, p21].

Conclusion

Motifs of racism, genocide and politicide against Jews and Israel are found again and again in Syrian school textbooks. These motives are in total contradiction with the terms and the spirit of the UN Charter, the Universal Declaration of Human Rights, the UN Convention for the elimination of Racism, the UN Convention for the Prevention and Repression of Genocide. Should the International Community remain silent and accept this kind of teaching?

* Pr. Yehuda Bauer, Editor, Present-Day Anti-Semitism, Vidal Sassoon International Center for Anti-Semitism, the Hebrew University of Jerusalem, 1988, pp59-60.
** Pr. Yehoshafat Harkabi, “The Arab Position in their Conflict with Israel”, Dvir, Tel-Aviv, 1968, pp46-48. (Hebrew).

Presented to the Symposium on “The Arab-Israeli Conflict and Anti-Semitism” organized by the CSS Intelligence Corps Information Center for Intelligence & Terrorism, CSS Auditorium, July 25, 2001.

Perpetual Middle East Myths: A Critique of a Fox TV Interview

Although the Fox News Channel is often accused of being conservative, the most penetrating reporting and analysis I find on the evening news is the “Special Report” by Fox’s Brit Hume. During an August 13 interview, he started by saying: “One of the striking features of the reporting that comes from the Mideast is that Western journalists nearly always end up with growing sympathy for the Palestinians. To find out why, we turn to Keith Graves, now the U.S. correspondent for our sister network in Britain, Sky News, who has spent many years covering the Mideast, not just for Sky, but for much of his 25-year career with the BBC (the British Broadcasting Corporation).”

Sitting opposite Mr. Hume was the very model of a seasoned journalist with impressive credentials. Keith Graves began by saying that Israel has “a very, very good PR machine.” But as for the Israelis themselves, “they are a very arrogant people, and (they are) to most journalists who go there.”

Mr. Hume asked: “Is it the Israeli people, or is it the government officials that you deal with?”

“I’ve been accused of being a racist for saying this,” Mr. Graves answered, “but it is the Israeli people.”

What immediately came to my mind was the familiar statement made in this country years ago by certain Americans, who would generalize matter-of-factly: “Negroes are shiftless, and, well, intellectually not up to par. But don’t get me wrong. Some of my best friends are Negroes.”

And here is Mr. Graves saying to Mr. Hume, “I’ve got a lot of Israeli friends.”

Mr. Hume did not ask Mr. Graves why these “arrogant” Israelis reacted recently throughout Israel with public revulsion and condemnation when Israeli settlers killed three Palestinians, including a 3-month-old baby boy. And in 1982, when Ariel Sharon invaded Lebanon, causing great carnage, including among children, he was also accused by Israeli investigators of involvement, however inadvertent, in the massacre of Palestinians in Lebanese refugee camps by Lebanese forces. Mr. Sharon was denounced by a great many ordinary Israelis. And Abba Eban attacked Mr. Sharon almost daily in the Knesset.

If I had been interviewing Mr. Graves, I would have agreed with him – as I have often written – that Israeli officials have indeed committed formidable abuses on Palestinians, including the torture of prisoners, destruction of homes and seizing of land.

But, as a longtime journalist in the Middle East, is Mr. Graves not aware that the most persistent, precise reporting and condemnation of these abuses have come from Israeli civil liberties groups – whose reports I’ve received for years, and continue to – along with statements from Israeli lawyers who have defended Palestinians in Israeli courts?

And what of the huge numbers of Israelis who generated the Peace Now movement – initiated by colonels who had fought in nearly all the Israeli wars? Were they “arrogant” Israelis?

When was there a comparable large-scale Palestinian peace movement?

In the Fox News interview, Mr. Graves did say, “No Western journalist, no journalist in his right mind, would condone what these Palestinian suicide bombers are doing.” But he added, “You might well want to ask what drives them to that.”

He can’t condone those random killings, but he can understand their motivation. I would have asked him what drove the suicide bomber in Jerusalem on August 9 who carefully placed himself among children and infants when he set off his explosive pack of ball bearings and nails that killed 16 Israelis and mutilated more than 100 others in that pizzeria.

Ah, but Mr. Graves cites the “shooting by an Israeli settler in the mosque in Hebron. He killed 28 people.” But that terrorist, Baruch Goldstein, was condemned by the great majority of Israelis in 1994.

By contrast, after the suicide bombing in Jerusalem on August 9, thousands of Palestinians, in the streets of Ramallah, celebrated that glorious act of revenge. And after the June 1 suicide bombing in Tel Aviv, killing 20 Israelis, most of them teen-agers, there was dancing in the streets of Ramallah again. Moreover, 76 percent of the Palestinians polled supported more suicide bombings.

After the interview with Mr. Graves, Brit Hume told me he knows of other journalists who, after starting to cover Israel, find a “moral equivalency” in the violence between the two peoples, which then becomes their increasing criticism of the Israelis. And I see this often in purportedly dispassionate dispatches from the Middle East.

Mr. Graves is not alone among journalists in his clear prejudices against the Israelis. Mr. Hume, as he told me, should have been more challenging in that interview.

This column ran in the Washington Times on August 27, 2001