Israel is suffering more than a failed administration; it is suffering a failed constitution
Reader comment on article: Samir Kuntar and the Last Laugh

Submitted by Richard Sackler (United States), Jul 25, 2008 at 18:26

Although I agree with your view of the "prisoner exchange" being a disgrace, I do not agree with the conclusion that the problem lies solely with the current Government. The entire network of systems, goals, structure, and organization of the legislature and government requires redesign, reorganization, and many if not most of today's politicians need to be retired and replaced en masse.

Governance by coherent, consistent and honorable principles and purposes has all but disappeared (in the last 25 years) being replaced in large measure by incoherence, inconsistency and dishonorable actions cloaked in the mantle of ‘pragmatism' and ‘compromise' necessary to achieve a real peace and restore legitimacy in the eyes of the world.

The turning point in Israel's history can be bracketed by two historic events, the first "positive" and the second "negative," specifically, the peace treaties with Egypt and Jordan in 1979 and the invasion of Lebanon in 1982. These events of extraordinary contrasts occurred in quick succession and bookend their respective eras, the first being the first 30 years of Israel's history and the last 25 years marked by decline.

The 1979 treaties have clearly stood the test of time, but the invasion and almost all policies since have proven that something ominous and adverse had happened in those three short years. 1982 ushered in a new period of inconsistency, incoherence and policy contradictions. Any doubts about these two events being stark opposites should be dispelled by the Sabra and Shatila massacres during the 1982 war.

The killings were at the time misunderstood as a wartime "on the ground errors" of commanders who were inept, incompetent, and unsuitable for command. In retrospect, the entire affair was a symptom of a failure of the Government to resolve the Israel internal and external contradictions inherent in law, strategy and foreign and domestic policy. Failed policies – both aggressive and concessionary – being made by all the successive Governments of Israel imply to me a systematic and structural defect now undermines strategy, moral clarity and action.

After twenty five years of wandering in the deserts of irresolution, I conclude that the current government constitution has proven to be inimical to the interests of Israel and Israelis and has prevented the formation of a government capable of regaining the respect of the international community and cohesion of Israel's citizens. The consequence, loss of legitimacy, makes every Government's ability to advance policies worthy of confidence and respect uncertain at best and impossible at worst.

Without resolution of the internal and external contradictions of Israel's policies and purposes, action is much more likely to worsen Israel's position internally and externally. [Has this ongoing thread of failure has led to the corruption and violations of trust in the government that is so demoralizing and distracting to the country?] These contradictions in Israel are manifest to all Israelis and require solution or the downward spiral of Israel's place in the world and the affection and allegiance of citizens and Jews will accelerate.

People love their country because they believe in its purposes, principals, and the rightness of these and other predicates of a ‘successful' society. The past 25 years' failures are symptoms of a systemic problems that requires a systemic solutions.

Only three weeks ago, I was in Israel. The demoralization of the country is vast and manifest. This visit preceded the recent ‘rescue' of two corpses for an astonishing price, Israel's pride, purpose and resolve. This was more than the release of a child slayer; the cost was yet another loss of credibility of the nation of Israel. For me, this sets in stone like a monument this analysis. To its friends and foes alike, the legitimacy of the government and the constitution of Israel have all but been extinguished with this phony ‘exchange.'

The 2006 war against Hezbollah, Iran's proxy, demonstrated that Israel cannot effectively engage its large, conventional military machine to protect itself from aggressors, nor can it credibly dissuade those who would infiltrate stores, cafes, beaches, homes, restaurants, hotels and places of work and play from committing murder and creating mayhem. Most agree that the exchange of living evil for dead innocence will only encourage more ‘capture and kill' missions as well as other ‘unconventional' engagements.

The Geneva Convention will only be applied as a truncheon to bludgeon Israel, not chastise, sanction, deflect or deter Israel's adversaries.

Short of a constitutional convention in Israel, I deeply believe that it is only a matter of years and at most a decade or maybe two, for the State of Israel to neither exist in any recognizable form nor will it have the ability of serve as a symbol, focus and the site of refuge for the world's Jews.

To prevent this outcome will require a fundamental 'reconstitution' to achieve political stability and strength to tackle the many profound problems both within its borders and without. Israel simply can't evade the judgment of mankind and history for the miserable performance of the last 25 years and it is beyond my powers of imagination to conceive an approval that continues current governance (without reform) and attain substantial successes that would constitute a turnaround. What is needed is the recognition of the inability of the system to reverse the ¼ of a century of decline in esteem and legitimacy.

So, the problems go far deeper and more extensive than the Olmert government. The fruits of the present were sowed in the past, and in many ways beyond this recent astonishing lack of judgment and resolve. It is the current organization of the State of Israel that is to blame. It doesn't have to be so, but unless changed, Israel will continue to be a failing State and will succumb as a victim of both its external enemies and internal contradictions.

What has demonstrated and declared these defects? Why such rampant and callow selfishness and criminal behavior in its leaders? I can't answer this but what I see are defects in both Israeli constitutional law and in the strategic position of Israel. Overarching these is a total lack of vision of what Israel must change to and become to survive.

Where does Israel see Palestinians in this law/strategy/legitimacy nexus? Are Palestinians part of a ‘greater Israel' vision and thus entitled to and full benefits of citizenship where all are equal before and under the law? Conversely are they the subject of strategy (external to Israel)? This seems to be the currently articulated view, but in stark contradiction, Israel continues investing in settlements and the West bank. Why?

Each strategy brings with it unique challenges which can only be met after fundamental, existential question are asked and resolved to the satisfaction of a super-majority of Israelis. The requirement that there be ‘peace' before partition cannot be attained because of the on-going internal struggle of what does Israel stand for that is seen as honorable and productive by its citizens and by its external stakeholders.

In either event, the internal contradictions of treating this dilemma in "incremental" and "pragmatic" ways have lead to this intolerable set of contradictions and a deplorable and reviled Government. An all-embracing, ‘greater' Israel State would have to be a secular state. If "small Israel" is the solution, then it can retain its Jewish-state character, but even then, it must adopt the European model of giving 20^th and 21^st century ideals — equal opportunity, rights, responsibilities, roles and obligations of citizenship — full scope. This hasn't been the case within Israel, not today, not ever.

I see Israel as stuck in an early 20^th European model democracy in which state sponsored religion was embraced but coexisted with liberty. But this didn't poison European legitimacy because Europe was basically unified as a Christian region and the role and power of religion in Europe (until the advent of militant Islam) has been weak to non-existent; how else might we explain the helplessness of the Pope and protestant leaders to discourage birth control, abortion, and divorce? I am fearful that no government under the existing Israeli constitution can resolve Israel's contradictions and find a successful outcome to the problems.

Until Israel manifests a clear determination to come to grips with its imploded governance and failed strategy and now failure to protect its soldiers and citizens, I think that we American Jews have to think the unthinkable and prepare to accept the unacceptable, and go about strengthening our country and Jews' place in it. Of urgent importance to the people in Israel is our laying the groundwork in spirit and law so that the US will accept these soon-to-be sad and sorrowful refugees. I fear think that these Jews could face another calamity in this regard just like 1938-9 when ships were turned back to deliver escaping Jews to Hitler and annihilation. So the question for me is which candidate will be more likely to facilitate the evacuation of Jews from Israel and accept millions of displaced people to our for-the-time-being safer shores?

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