The hounding of hate is hammering President Obama to act unilaterally to recognize the Palestinian State and declare the borders as the Green Line before it is too late. The claim is by taking on such a bold endeavor he will forever place his name into the history of the Middle East as the man who achieved the impossible. The two leaders have already launched their opening salvos with President Jimmy Carter sounding off in the New York Times with two days later Dennis Ross following up in the Washington Post with both sounding their same sirens song of doom. President Jimmy Carter never misses an opportunity to display his visceral hatred for the Jewish State while Dennis Ross is simply a misguided soul forever attempting to make right his deep and enduring trust that Yasser Arafat and, by inference, his understudy Mahmoud Abbas are statesmen who have forgone their terrorist pasts and become men in the mold of Gandhi. Needless to point out that both we here at BTC and history have proven both men horrifically misguided. In the case of President Carter it is a true hatred while Dennis Ross took a wrong turn back around 1990 and has never recovered and found the highway to the future and continues down one dead end after another. The real problem is that President Obama shares both men’s shortcomings when it comes to Israel and particularly Prime Minister Netanyahu. The question is does this situation portend some imminent disaster or will Israel survive these last six weeks unscathed by the wrath of the White House.
Truth be told, it does not bode well for President Obama to actually make good on his indications that there is no last minute surprise in store for United States policy in the Middle East, particularly for Israel and the Palestinian situation. The problem comes to a head the day after Christmas and was set in motion by the Israeli Supreme Court. According to a ruling by the Supreme Court of Israel, in response to a leftist petition claiming Arab ownership of lands which the community of Amona is using, with an absentee deed issued by Jordan during their illegal occupation of Judea and Samaria as the proof of Arab ownership, the community has been ordered destroyed. The owners of these lands never built any structure there, likely never tread their feet on said soil, probably could not locate their land on a blank map of the area and were given honorary title largely to make claim to prevent Jews from ever owning the land. Jordan gave out such deeds in name only covering the majority of the lands of Judea and Samaria as a reward and as a stop against squatters while they possessed the lands and now this ploy is being used against honest development of the area by post-Zionist leftists. The sickening part of all this is these are Israeli Jews whose NGO’s are largely European supported and have next to no Israeli funding but register as Israel due to lack of legal requirement for NGO’s to have predominately domestic funding, a law found in the United States and virtually every European nation but denied Israel by Western, mostly European, demands and protests every time the Knesset considers such a law plus the Israeli Supreme Court, ever the backer of all idea European, threatens to negate any such law which is made into law. This is an example of another problem brought on by an out of control judiciary where the Supreme Court has taken on the position of final arbiter of all things legal to such an extent as to have negated laws they disagree with politically and writing new laws they believe are necessary to extend and further empower themselves. When additionally, the Supreme Court itself has veto power over any proposed sitting of Judges replacing any jurist who dies in office or steps down, plus also appointing their Chief Justice; this has produced a Supreme Court which rules as if the year is still somewhere around 1970, standing immeasurably to the left of the Israeli public and governance who are all but powerless against this abuse of power. The runaway Supreme Court relishes handing out destruction orders for any Israeli development, even to include legally built communities which were granted government approval and have every piece of paper required for ownership, simply by any NGO claiming they know of previous Arab ownership of the land in question and ruling without any process to determine whether such deed exists or right of ownership. According to Justices sitting on the Supreme Court it is not their place to determine ownership and they need not question such claims as who would make such a claim falsely. Well, as it turns out, these NGO’s would and have done so with actual cases where they found an Arab who would claim ownership, nobody along the way required proof and when the suit of ownership finally reached a lower court the claimant usually is nowhere to be found fearing filing false claims charges. This has occurred more than once and more often than not no claim for ownership is ever filed by the supposed Arab claimant in most instances.
With the Supreme Court demanding the destruction of this community on December 25th, the day after Christmas and the second day of Chanukah, the pressure has come upon the Knesset to reign in the Supreme Court and their presumed power using this case as the weapon of choice. The Prime Minister has attempted to mollify the situation claiming that the community will simply be moved a few hundred meters away from the lands behind the order and the community of Amona will be saved as if a community can be moved by waving his magic wand. The promise of moving homes and communities to new locations close to their former location have been proffered by Israeli politicians before and then the feasibility study renders such impossible or far too expensive and the community gets destroyed and remains destroyed. This ploy will not be accepted as the viable magic solution once again. The sole solution which should be implemented by the Knesset is the issuing of a Basic Law which empowers the Knesset alone in the determination of legality of any Israeli community and its structures and that once the community has been properly filed and plans set then the Supreme Court will be prohibited from making any destruction orders without first a settlement of proper claim has been made and verified settled by lower courts. This would make a great first step in solving a serious problem within Israel and allow people residing in these challenged locations who possess righteous claims under the law to rest easy at night that the next day bulldozers are not going to come and destroy their lives.
Subsequent to such an enactment of a Basic Law, sort of a constitutional set of laws which can be enacted and amended by simple majority, another problem for another time, there need be a resetting of the selection process for judgeships, especially for the Supreme Court. The legal community could and should have input as to who is eligible to be placed on the bench and who can be elevated to the Supreme Court. Their input need be as part of the selection committee but not the validations process or even the majority decider in said committee. Further, the Prime Minister should be the originator of a list of acceptable names worked out between him and the leaders of the ruling coalition and with input from the leader of the opposition. This list should then be passed to a committee made up of perhaps nine electors; three from the judiciary, three from the Knesset ruling coalition, two from the opposition and one representing the Prime Minister. Once these committee members have decided on the judge, then the Knesset should decide needing an approval of seventy-two Knesset Ministers (60%) with Supreme Court nominees required to have eighty Knesset Members agree to their appointment (2/3). Such a procedure would provide for adequate Judicial input while leaving the final appointment up to the representatives of the people of the State of Israel and not permit the tyranny of the robes continue unabated. This ruling need also be included in the Basic Laws and should serve as the template if and when a Constitution is finally permitted to be written.
Still, should the community of Amona become another battleground between the Supreme Court and the elected governance, especially if it becomes a battle between the Supreme Court and the Prime Minister, then it could explode initially in the Israeli media with Haaretz leading the cheer for destruction and supporting the Supreme Court, it would soon be picked up by the European media and them the United States mainstream media and the howling worldwide would begin. The European media would be demanding the Supreme Court order to destroy Jewish homes be upheld immediately as they always have and in the United States the left leaning media would likely follow suit while right leaning media would support the residents of the community and the Prime Minister and/or the Knesset as they represent the will of the people. Such a brouhaha exploding in the media might be the impetus supporting the demands of Dennis Ross and President Jimmy Carter and demanding the destruction of what will most certainly be labeled a “settlement” might prompt the White House to take action to settle the entire controversy.
As President Obama has consistently implied that the border for any Arab Palestine should be the 1949 Armistice Lines, the Green Line, and the division of Jerusalem to be the shared Capital of each nation; the immediate problem is Jerusalem which Israelis feel militantly strongly must remain in Israeli control such that the Holy Sites in the Old City, including the Temple Mount, are open to all people of all faiths and not once again become a closed area where only Muslims are permitted to tread as it was under Jordanian Rule and would return to under Arab Palestinian rule. This would present a breaking-point which would have no means of breaching to reach a settlement. This would bring down any government prepared to give away half of our Holy City and Capital City for three-thousand years and never having been the capital city of any other nation. Jerusalem is the beating heart of Judaism and the Arabs are aware of this which is why they are demanding it be broken in two as should such come to pass the wound to Judaism and religious Jews would be insufferable and could not be permitted to stand. That is the plain and simple truth and no Israeli government could stand after suffering such a proposal even for consideration. This strong and unyielding attachment was best described by the Song of Babylon written as a response to the demand of the Babylonians that their Jewish Israelite captives who were being sold into slavery in many a case sing for them a song as the Jews, especially the Priests, were renowned for their love of song and singing abilities. One must remember that the young King David played the lyre and was sweet in song such that he would be called to sing to King Saul to soothe the King in times of distress. There is one of the most famous lines within this song of distress which read “If I forget you, O Jerusalem, may my right hand forget its skill (lose its strength). May my tongue cling to my palate, if I do not remember you, if I do not bring up Jerusalem at the beginning of my joy.” That is the importance of Jerusalem, that and so much more. As might be said in less formal a situation, dividing Yerushalayim be fighting words.
Of course there would be no dividing of Jerusalem nor would there be the acceptance of the 1949 Armistice Lines, the Green Line, and no acceptance of an Arab State by any name unless that state replaced all of Israel either through the return of over five million Arabs into Israel all steeped in the same indoctrination by UNRWA as the Hamas and PLO terrorists the Palestinian Arab schools churn out year after year with their textbooks filled with hatred of Israel and Jews, all Jews everywhere and anywhere. Mahmoud Abbas has already declared all the lands from the Jordan River to the Mediterranean Sea as an Islamic Sacred Waqf. By his own declarations he is religiously tied to refuse anything short of the complete destruction of Israel. If Abbas were to accept the 1949 Armistice Lines as borders, even temporary borders, he would be hung from a crane by noon on that day and the entirety of Judea and Samaria, and we’re afraid parts inside Israel, would briefly turn into a redux of Syria with all the violence and a heated war waged between the PLO against Hamas with Islamic State trying to take control as well. Granted such lawlessness inside Israel would be rapidly quelled and the areas within Judea and Samaria where Israel is responsible for keeping the peace under the Oslo Accords would also be pacified but until the world demanded, the area presumably controlled by the Palestinian Authority (PA) would remain a lawless land of strife, struggle and death.
Press Abbas to accept such a declaration and one is lighting the fuse on a dangerous situation which would explode as the people within the areas ruled by the PA and Hamas in Gaza have been indoctrinated such that few under the age of thirty or forty would stand for such and would immediately replace whoever from the PA agreed and this would decapitate the PA, PLO, Fatah and the entirety of PA run lands where these groups as well as Hamas and Islamic State would immediately vie for superiority and you would have instant Syria, just add a forced peace settlement. Very quickly allowing Israel to do whatever was required and to declare all the land as Israel would become acceptable even in the United Nations as such added violence in an area already steeped in violence and failed states, one more which could be handed off to Israel to handle, would almost immediately be handed to Israel with European and American blessings. Where this would result in all of Israel as promised by San Remo conference, Treaty of Serves and even after the White Papers and the United Nations failed partitioning which the Arab League flatly refused and invaded Israel immediately the first morning of her statehood and a series of failed peace plans including the disastrous Oslo Accords and Israel total unilateral withdrawal from Gaza, finally being established on all of the lands actually remaining as Israeli under existing international law. The reality of the River to the Sea is that it all actually belongs legally to Israel and only Israel can allow any other entity to establish any otherwise ordered autonomy. The PA exists by the good graces and permission of Israel and should that fail the lands resort to Israeli rule.
So, if the prodding of President Jimmy Carter and Dennis (I never met a peace plan I didn’t back that didn’t fail) Ross along with the internal Israeli coming dust-up over the legality and existence of Amona all presses President Obama to actually make a declaration recognizing anything more permanent and fixed concerning an Arab State within Israel, this will soon devolve, especially if borders are set or implied heavily enough, into a violent struggle to determine who gets to demand the annihilation of all the Jews in Israel leading to IDF intervention and very likely Europe demanding Israel take control of the situation before it spreads into Jordan and beyond. Even President Obama might be pressed but President Trump will definitively decide that the easiest solution is for Israel to annex Judea and Samaria and settle everything down restoring peace and replacing the indoctrination centers with actual schools teaching skills other than bomb making and stabbing 101. President Obama is fully aware of the reality which is why he will most likely let sleeping dogs lie rather than start a war on his way out, especially an unnecessary war.
Eventually somebody will have to realize that the actors on the Arab side of this equation have yet to keep a single promise, yet to meet a single requirement, yet to apply actual rule of law, yet to hold another election since electing Abbas dictator, yet to fulfill even the most rudimentary requirements for statehood, but have fully gone to great extremes to demand that they be credited with having completed every requirement to establish a state. The Arabs in Judea and Samaria have indoor plumbing throughout most of their communities installed and supplied by Israel, get the majority of their water, gas and electricity, if not all, from Israel and have yet to pay for any of it since the year 2000 and before, rely on Israel for security to keep the PA in power and prevent Hamas or Islamic State amongst others from conducting a coup (Israel has prevented at least half a dozen coup attempts by Hamas which the public has been made aware), rely on the cash in the millions per month to run their area the size of a midsized city as the majority of the international funding goes for two main products; bombs and weapons along with graft taking a large share right off the top, have never actually prevented any terror activities carried out by the PLO (they have prevented a few Hamas operations which have been classified as terror but could have been coup attempts and not attacks on Israel), when forced to incarcerate a terrorist they go in the front door to serve a multi-year sentence and are released through the back door in a couple of weeks if not days or even hours, and had one of the most disturbing displays of animal hatred and bloodletting when an Italian photojournalist caught the picture below with the story here, here, and finally here, plus they have seldom missed an opportunity to have invented and exaggerated stories of Israeli malfeasance such as Jenin, and we could go on and on.
Beyond the Cusp