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B’Tselem’s Follies: Four Questions

Wednesday, 3  May 2017


First Question: When does the democratic right to free speech cross the red line to become treasonable?


I have been asking myself this question since B’Tselem, the Israeli “so-called” human rights outfit appeared before the United Nations Security Council (UNSC) in October 2016 to denounce Israel’s policies on  the “so-called” occupation of the West Bank and the settlement of parts of it, pursued by the successive Israeli governments after the war of 1967.


If that was not treacherous enough, recently, after meeting with the German Foreign Minister in Israel, the outfit’s Director Hagai El-Ad told Israel’s Channel 2 TV station:


“Our message is the same message we delivered  to the [UNSC], the message we say to the Israeli public and won’t stop saying- the occupation must end and you can’t hide it, not from the Israelis and not from the world… That’s the truth and those are the facts and it’s not clear what the prime minister is so afraid of.”


The TV statement was followed by the organization’s English-language press release which in part read: “There must be a price to pay for continued military control of another people while thumbing one’s nose at basic moral values and international law.”


According to Hagai El-Ad, the price to be paid is to have Israel “punished” by the international community and towards this end, he publicly invited the community to do just that.  .   


In all of this, the reader is left to guess, the moral values relevant to the situation at hand are and precisely what specific provisions of the international law substantiate the outfit’s allegations.


So, here is an unelected and indeed, unelectable political outfit  which represents no one, speaks in the name of no one, save  the like- minded ultra-leftists  frustrated by their utter failure to convince the Israeli electorate of the wisdom and worth of their thinking,  parading on world stage asking the world to punish Israel, which in effect  means punish over eight million Israeli citizens  based on its own peculiar  conception  of the pertinent moral values at play  and its highly questionable take on the  international law applicable to the twin  issues.


I submit that both El-Ad and the organizations have long crossed the red line.


Second Question: Do the actions of El-Ad amount to treason?


Since B’Tselem is so hot on moral values and international law, I wonder  precisely  which provisions of  international law, imbued with the right moral values,   provide for the infliction  of such punishment on Israel  by the world community; whether it is the one in the United Nations ; a grouping of states, such as the E.U, or individual states, having regard to the decision of the League of Nations to maintain the right  the Jews to settle in the whole of Palestine granted by the Balfour Declaration by incorporating it  into the Mandate over Palestine granted to Great Britain?


Even after Great Britain relinquished its Mandate, the League of Nations did not repeal, rescind or annul its decision to maintain the Jews’ right to settle in Palestine and the right subsists to this day.


B’Tselem is in effect asking the members of the world community to treat Israel as lynching mobs treat their victims.


I am not familiar with the Israeli law of treason. However, as a Jew, born, raised and schooled in Turkey, I was taught and I made mine, the Turks’ supreme moral value and duty of loyalty to one’s country and its people. Calling upon and  exhorting on the international community to punish one’s own country , and, in effect , to punish the Israelis for exercising their sovereign democratic right to elect the  governments that initiated and continue to carry on  the policies  of maintaining a military presence in the West Bank  and establishing  settlements  in  part of the territory is a fundamental breach of the supreme moral value and duty of loyalty.


Using the plain and ordinary meaning of terms, I submit that  the actions of  Hagai El-Ad  amount  to treason because they constitute  a betrayal of the trust to the state undertaken by  him  or  reposed by the state in him as citizen of the country.


To put it differently, his actions constitute high treason because these violate his duty  of allegiance to his state.  


Third Question: Are B’Tselem demands for immediate withdrawal of the IDF from the West Bank and the shuttering of the settlements the existence of which are presumably part of the occupation scheme, reasonable?


To put it differently, are B’Tselem’s demands for  the immediate end  to the “so-called” occupation of the West Bank, or within a time frame which in practical terms amount to immediate, through the withdrawal of the military and the  evacuation of the settlements and outposts without  Israel first securing a plausible cum viable peace treaty with a long life expectancy, whose clauses for the benefit for Israel  must provide Israel with the right to enforce them unilaterally in the event of their  fundamental or incremental breaches by the  other party, reasonable? 


By this point, readers will not be surprised by  my answer to the question: The demand is totally unreasonable in the light of the facts on the ground both  beyond and within the original historical boundaries under the British Mandate which include; (a)Jordan’s precarious situation versus ISIS; (b) P.A.’s  unreasonable refusal to accept the terms of any and every  treaty offered to date; (c) it’s decision to make terrorism a paid and pensionable  profession with perks;(d) the refusal to abandon the hateful aspects of its school curriculum  and textbooks;(e)  its inability to control events within the geographical  boundaries of P.A. without resorting to arbitrary, punitive or oppressive tricks or measures, and last but not least, (f) its vulnerability to Hamas and to the Islamist militias from Syria and Iraq.


There is however a far more fundamental reason which ignores one of the important lessons of Israel’s history alone compounded  by  the preceding reasons  and makes the demand perfidious.


That lesson is the way the evacuation  of the few settlements in  Gaza involving about nine thousand settlers,  worked out domestically, despite the fact that the Prime Minister who ordered and supervised the evacuation was Ariel Sharon, a war hero who also did his fair share in settling the West Bank.


Well, it is one thing to re-settle 9000 people  behind  the Armistice line and something else to uproot 700,000 plus settlers a high proportion of whom  a) currently serve or  served  in the IDF; b)fought  in the intifadas, big and small wars and periodic skirmishes and attained higher ranks ; c) are intimately knowledgeable of the inner workings of the IDF and its personnel.


And politically speaking, save for a highly  charismatic and powerful war hero or political leader who can (a) capture the hearts and souls of the Israelis both within and without the IDF and  the Armistice line; (b) demand and secure their unconditional support  of and commitment  to his policy, plan and action to shutter the settlements, no political party which  wants to be elected  to govern the country  would ever run on a platform prejudicial to the interests of the settlers, let alone one that promises the shuttering of their settlements.


In the premises, I very much doubt that absent  the kind of peace treaty I mentioned above, which will also realistically take care of the settlements and settlors to their satisfaction, a prospect which I consider  to be in the realm of fiction and fantasy, B’Tselem’s demand or solution, is an apocalyptic one.


 It is so, because I submit  that absent the scenario described in the immediately preceding paragraph, evidence of government’s  intention to disband the settlements is liable  to  trigger an armed resistance by the settlers; destabilise the population behind the Armistice line, splinter  the IDF all  potentially leading to civil war.


As George Orwell would put it “Some ideas are so stupid  that only intellectuals (and I might add, self-righteous  political moralist outfits like B’Tselem) believe them.”


That is not to suggest, by any means, that  the issue of the fate of settlements ought to be  ignored  or forgotten. It simply means that it ought to be addressed in the light of the facts on the ground, and more specifically in the context of the treaty negotiations.


In the meantime, short of  being able to prosecute them successfully  for High Treason, I am afraid we have no  choice but to put up with the foolish and absurd  utterances and the follies of  outfits like B’Tselem and like-minded outfits.


Fourth Question: Are the directing minds of  B’Tselem  guilty of an offence under the criminal law of Israel?


The April 28,2017 issue of the Jewish Press in the  U.S. contains an article  by David Israel titled Revealed: Land Broker Handed to PA by B’Tselem, Ta’ayush Agents  Died of Torture.


Israel’s article is about a Palestinian agent of B’Tselem named Nasser Nawaja who  collaborated  with an agent of Ta’ayush ,an anti-Zionist organization,  named Ezra Nawi   to cause the apprehension and torture of a Palestinian  land broker named Mohammed Khaled a.k.a Abu Khalil for brokering the sale  of lands owned by Palestinians to Jews in Judea and Samaria in the years 2009-2010, by informing  the Yatta Branch of the PA Preventive Security (PAPS).


.If these facts are formally confirmed through some kind of  judicial process in Israel or by other lawful methods in Israel, this means that B’Tselem’s directing minds in Israel through  the organisation’s agent  caused  the death of a person - innocent under Israeli law, as a result of  his  torture by PAPS;  both torture followed by death or execution being  the well-established, highly predictable ordinary course of events in such cases.


In the present case, Khaled  died  of a stroke following his interrogation by PAPS.


This in turn raises two questions;


First, whether the directing minds  of an organisation, who  through their agent  conspire to cause the arrest  of a person such as Mr. Khaled to the Palestinian authorities, with the full knowledge  that the person will be tortured and killed,  may be charged with and tried in Israel for a) conspiracy to cause aggravated assault  or death; b) being an accessory to  torture and death, or c) for aiding and abetting  the commission of aggravated assault causing death or death by execution?


Second, whether or not, by engaging in such an activity, B’Tselem is not in fact and in law acting as the agent of a foreign entity which is in a state of a violent  political conflict with Israel?


I just wish to see Israel to be done with B’Tselem and like mind organizations that are, if nothing else, “useful infidels” or is it “idiots”?

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