CONSTITUTIONAL AND CRIMINAL LAW SCHOLARS CALL FOR POLLARD'S RELEASE - SET FORTH 10 COMPELLING CONSIDERATI​​ONS FOR THE EXERCISE OF EXECUTIVE CLEMENCY BY PRESIDENT OBAMA

​​​​FOR IMMEDIATE RELEASE  (June 22, 2014)

​Contact: Office of the Hon. Irwin Cotler, MP - +1.514.283.017; Prof. Alan 
M. Dershowitz - (Harvard Law School)

A distinguished group of American constitutional and criminal law scholars 
and practitioners have written to US President Obama requesting the 
commutation of Jonathan Pollard’s sentence to time served.

As the letter puts it, “such commutation is more than warranted if the ends 
of justice are to be served, the rule of law respected and simple humanity 
secured.”

Among the signatories are six professors from Harvard Law School, Obama’s 
alma mater, including: Alan M. Dershowitz, Felix Frankfurter Professor of 
Law; Charles J. Ogletree, Jr., Jesse Climenko Professor of Law; Philip B. 
Heymann, James Barr Ames Professor of Law; and Mary Ann Glendon, Learned 
Hand Professor of Law. They are joined by Canadian law professor emeritus 
and former Minister of Justice & Attorney General of Canada, Irwin Cotler, a 
sometimes visiting professor at Harvard.

The letter sets forth ten compelling considerations for the exercise of 
executive clemency by President Obama, including:

Pollard is now serving his twenty-ninth year of an unprecedented life 
sentence for the crime of “conveying classified information to a foreign 
government.” The usual sentence for this offence is six to eight years, with 
actual jail time before release averaging two to four years. Simply put, 
Pollard’s unprecedented life sentence is “excessive, grossly 
disproportionate, unfair and unjust.”

The sentence of life imprisonment is itself a breach of the plea bargain, 
wherein the prosecution had agreed not to seek life imprisonment in return 
for Pollard’s guilty plea, a breach characterized by Judge Stephen F. 
Williams of the U.S. Court of Appeals for the First District as a “complete 
and gross miscarriage of justice.”

The life sentence was itself secured as a result of the submission - after 
the plea bargain and in violation of it - of a prejudicial ex parte 
affidavit to the sentencing judge.

Pollard has not only been excessively and disproportionately punished for 
the crime he did commit, but has been effectively punished and maligned for 
the crime he never committed – nor was ever charged or convicted of – 
namely, the crime of treason.

Pollard was falsely accused over the years of having compromised US security 
and American lives  in Eastern Europe, when it was Aldridge Ames, the head 
of the CIA’s Soviet/Eastern Europe Division, who had himself been both the 
architect of those treasonable acts, and the original source of the false 
allegations against Pollard.

Virtually everyone who was in a high position of government – and dealt with 
the ramifications of what Pollard did at the time – now support his release, 
including Secretary of State George Shultz, FBI Director and subsequent CIA 
Director William Webster, Chairman of the Senate Intelligence David 
Durenberger, and Chairman of House Intelligence Lee Hamilton.

The signatories conclude that, “it is precisely for standing injustices like 
this – and where the justice system has failed – that the U.S. Constitution 
has vested in the President the power of executive clemency. We urge you to 
exercise this power in the pursuit of justice, the rule of law and simple 
humanity.”

​Text of letter to President Obama:June 20, 2014

President Barack H. Obama
President of the United States
1600 Pennsylvania Ave NW
Washington, DC, 20500

Re: Jonathan Pollard

Dear President Obama,

We, the undersigned, scholars and practitioners of American constitutional 
and criminal law, write to respectfully request the commutation of Jonathan 
Pollard’s sentence to time served. Indeed, such commutation is more than 
warranted if the ends of justice are to be served, the rule of law respected 
and simple humanity secured – the whole as set forth in the following 
considerations:

First, Pollard was charged with, and pleaded guilty to, one count of 
conveying classified information to a foreign government, in this instance, 
Israel, an ally of the U.S. The usual sentence for this offense is no more 
than six or eight years, with actual jail time before release averaging two 
to four years. Pollard is now serving his twenty-ninth year of an 
unprecedented life sentence – an excessive, grossly disproportionate, unfair 
and unjust sentence.

Second, the sentence of life imprisonment was itself a breach of the plea 
bargain wherein the prosecution agreed not to seek life imprisonment in 
return for Pollard’s guilty plea, his cooperation with the authorities and 
his agreement to waive his right to trial by jury, agreeing that a sentence 
of less than life imprisonment would serve the interests of justice and also 
act as a deterrent. This plea bargain also saved the government much time, 
money and prospective embarrassment of conducting a trial involving highly 
sensitive information, and where Pollard might well have been acquitted of 
the more serious charges. Indeed, Judge Stephen F. Williams of the U.S. 
Court of Appeals for the First District later referred to the government’s 
breach of the plea bargain as a “complete and gross miscarriage of justice.”

Third, the life sentence was itself secured as a result of the submission - 
after the plea bargain and in violation of it - of a prejudicial ex parte 
affidavit to the sentencing judge by then Secretary of Defense Caspar 
Weinberger, to the effect that Pollard had compromised American National 
Security and was guilty of “treason.” However, in a 2004 interview, Mr. 
Weinberger himself admitted that, in retrospect, the Pollard matter was 
“comparatively minor,” and it is not even referenced in his memoires.

Fourth, Pollard has not only been excessively and disproportionately 
punished for the crime he did commit, but has been effectively punished for 
the crime he never committed – nor was ever charged or convicted of – 
namely, the crime of treason. Indeed, notwithstanding Weinberger’s 
affidavit - which Pollard never saw nor was ever able to challenge - there 
was never anything in the Pollard indictment to suggest that he intended any 
harm to the U.S., or sought to benefit any country other than America’s ally 
Israel. Yet, regrettably, prosecutorial “sources” in the Central 
Intelligence Agency, and the Defense, State and Justice Departments, 
continued to maintain, long after the plea bargain, that Pollard was charged 
with, and convicted of treason. Indeed, inspired media leaks, often 
coincident with Presidential reviews, sustained and amplified this false and 
misleading allegation.

Fifth, Pollard was also accused by government agencies over the years of 
having compromised intelligence “sources” and “methods” in Eastern Europe – 
a charge that was never part of the Pollard indictment, for which no 
evidence has ever been adduced, but whose recycling implicated Pollard in 
the deaths of at least a dozen U.S. informants in the former Soviet Union. 
Importantly, this last accusation is a case study of both government 
misrepresentation and cover-up. For while the CIA was accusing Pollard of 
this most egregious of charges, it knew – as it later became publicly 
known – that senior CIA official Aldridge Ames, the head of the CIA’s 
Soviet/Eastern Europe Division, had himself been both the architect of those 
treasonable acts, and the original source of the false allegations against 
Pollard on those charges.

Sixth, interestingly enough, a largely ignored December 2012 
declassification of a 1987 CIA damage assessment concerning Pollard shows, 
as Lawrence Korb, assistant Secretary of Defense from 1981-1985 under Caspar 
Weinberger reported, that “Pollard had cooperated with them fully and in 
good faith, acknowledged that Pollard did not divulge the most sensitive 
U.S. national security programs, including military activities, plans, 
capabilities, equipment, or communications… that Pollard provided 
intelligence only on the Soviet Union’s activities in the Middle East, the 
Arab States and Pakistan.” Yet CIA officials, as set forth above, continued 
to knowingly and falsely accuse Pollard of actions prejudicial to U.S. 
national security.

Seventh, Pollard was himself deprived of the right to effective legal 
counsel and defense as his attorney neglected to file a notice of intent to 
appeal following the prejudicial sentencing hearing, and Pollard was 
therefore forever deprived of his right to a direct appeal against his life 
sentence. The only appeals he has been able to bring have been of a 
collateral nature only, were dismissed on technical and procedural grounds, 
and were never addressed on the merits. Indeed, American former prosecutors 
and directors intentionally mislead when they write that Pollards’ life 
sentence “was subsequently upheld by the Appellate Court” – masking the fact 
that the U.S. Court of Appeals for the First District had rejected Pollard’s 
appeal in a two to one decision on narrow technical grounds; and that the 
only comment on the merits was that of the dissenting Judge Stephen F. 
Williams, who – as we previously discussed – had castigated the government 
for its breach of the plea bargain agreement.

Eighth, as Governor Bill Richardson recently wrote to you, “virtually 
everyone who was in a high position of government – and dealt with the 
ramifications of what Pollard did at the time – now support his release. 
They include Secretary of State George Shultz, FBI Director and subsequent 
CIA Director William Webster, Chairman of the Senate Intelligence David 
Durenberger, and Chairman of House Intelligence Lee Hamilton.” Indeed, those 
in the Clinton and Bush administrations who have seen the classified 
information have come out for Pollard’s release, including major figures 
from both the Republican and Democratic parties.

Ninth, it is important to recall and to note that Pollard fully honored the 
plea agreement that the government violated; that he fully cooperated with 
the authorities; that he has been a model prisoner; that he has apologized 
and expressed remorse for his actions; that he has been falsely accused over 
the years – by those in a position to know better – of compromising American 
security if not American lives - that in a word, Pollard was guilty of 
treason; that his sentence and imprisonment is as unjust as it is 
unprecedented; that Pollard is aging, in deteriorating health and deserving 
of release.

Finally, in the words of Lawrence Korb, “We believe that commuting Pollard’s 
sentence to time served is the right and compassionate thing to do. We 
believe that his continued incarceration constitutes a travesty of justice 
and a stain on the American system of justice.”

Mr. President, it is precisely for standing injustices like this – and where 
the justice system has failed and cannot provide relief – that the U.S. 
Constitution has vested in the President the power of executive clemency. We 
urge you to exercise this power in the pursuit of justice, the rule of law 
and simple humanity.


Respectfully,


Alan M. Dershowitz
Felix Frankfurter Professor of Law at Harvard Law School

Charles J. Ogletree, Jr.
Jesse Climenko Professor of Law at Harvad Law School
Director, Charles Hamilton Houston Institute for Race & Justice

Philip B. Heymann
James Barr Ames Professor of Law at Harvard Law School
Former Deputy Attorney General of the US

Irwin Cotler
Emeritus Professor of Law at McGill University, and sometimes Visiting 
Professor at Harvard Law School
Former Minister of Justice and Attorney General of Canada

Gabriella Blum
Rita E. Hauser Professor of Human Rights and Humanitarian Law at Harvard Law 
School

Frank I. Michelman
Robert Walmsley University Professor Emeritus at Harvard University

Mary Ann Glendon
Learned Hand Professor of Law at Harvard University
President of the Pontifical Academy of Social Sciences

Nadine Stroessen
Professor of Law, New York Law School
Former President, American Civil Liberties Union, 1991-2008

Monroe Freedman
Professor of law, Hofstra University
Former Dean at the Maurice A. Deane School of Law at Hofstra University

Suzanne Last Stone
Professor of Law at Benjamin N. Cardozo School of Law, Yeshiva University

A Purposeful Trip to Israel

Brian Grodman wrote this article about a recent trip to Israel he took with his father. It was originally published in The New Hampshire Jewish Reporter.

In late April, my father and I spent nine days in Eretz Yisrael.  This was my tenth trip to the Holy Land, and my dad has doubled my visits.  I speak with many folks about traveling to Israel and I understand that, for many, there is hesitance.  Is it safe?  What do I do there?  How do I get around?  Who do I go with?  This particular trip included a myriad of activities.  I thought many readers could glean ideas as there is something for everyone.

Brian Grodman with his father, Larry, in front of the Fogel home.

Brian Grodman with Colonel Mordechai Kedar,
director Efraim Inbar, Professor Efraim Karsh, Larry Grodman,
and Jerry Haas at the Begin-Sadat Center for
Strategic Studies at Bar Ilan University.

We are fortunate to have 18 (chai) relatives living in Israel.  We landed during the late afternoon on Thursday.  On Friday, we visited a huge recycling plant outside Tel Aviv.  This facility is a tourist attraction with almost 1,000 visitors during peak times.  The facility includes a beautiful park overlooking the city below.  Friday evening brings much of the country to a slower pace as Shabbat is observed with family and friends.  While the vast majority of Israelis consider themselves secular (rarely attending synagogue), most honor Shabbat with a group of friends and/or family over a special dinner.  Saturday continues this feeling as couples, families and friends walk and hike everywhere.  There are fewer cars on the road.  Route 6, the major north-south artery (similar to Route 93) is quite empty.  This toll road was built a half dozen years ago with the same EZ pass system that was just installed in Hooksett.  However, there are no toll booths.  No electronic pass - no drive on Route 6!

My adventurous side was satisfied the following day as we rented small four-wheel buggies for a wonderful few hours in the Judean hills surrounding Jerusalem.  These fun vehicles seat two people and seeing the capital outskirts and historic sites in this manner was special.  Jerusalem is the only world capital not containing a foreign embassy.  The dozen countries that previously had their embassies in Jerusalem moved to Tel Aviv.

Tuesday provided us with a guided tour of Samaria (the northern half of Judea & Samaria), which is also called the West Bank (of the Jordan River).  This part of Israel is also described as "outside the green line."  The "green line" refers to the 1949 armistice borders that were drawn with a green marker.  Through my contacts, a community leader was pleased to spend four hours educating us regarding biblical history and current events.  There are 350,000 Jews living here.  Gush Etzion is home to 70,000 people.  Modi'in Illit has a population of 60,000.  The (Jerusalem) bedroom community of Ma'ale Adumim boasts 35,000 inhabitants.  The Little League home of Williamsport, PA is her sister city. Technically, the eastern part of Jerusalem is outside the "green line."  This is similar to partitioning the people of north Manchester from others in the city.  The violence that rained upon Jewish inhabitants prior to the 1967 Six Day War, from East Jerusalem, was constant.

My initial visit to Israel, in 1966, could not include the Western Wall.  Her US sister city is Mobile, Alabama.  From the Mediterranean city of Netanya to the "green line" is only nine miles.  This was the width of Israel according to the pre-1967 borders.  (The great Foreign Minister Abba Eban called these borders "Auschwitz Lines")  The elevation rises 300 feet during this quick drive.  However, continuing directly eastward to the city of Ariel, (with 20,000 population and Mobile, Alabama as the sister city) provides another 1,200 feet of elevation.  Thus, whoever controls the heights of Judea and Samaria (West Bank) controls the cities and communities on the coast below.  Additionally, 50% of water flows through the West Bank.  We drove deep into the territory and onto a hill called Three Seas Lookout.  From this vantage point we could follow the footsteps of the patriarchs.   In Itamar (population 1,000), we stopped in front of the Fogel family home.  The parents and three children (from newborn to eleven years old) were massacred, in their home, late in the night in 2011.  The newborn, Hadas, was decapitated.  I got out of the car and watched children playing quietly and walking on this residential street.  The 17 year old perpetrators are currently serving multiple life sentences.  Of course, there is constant security surrounding this, and other, communities with an armed guard and gate.

The following morning illustrated the diversity of Israel with a meeting at Tel Aviv University (TAU).  The CEO of their high tech venture capital fund explained various endeavors in the life sciences, computer sciences and other forays.  For example, US Congresswoman Gabrielle Giffords was saved due to a special Israeli-designed bandage applied immediately after she was shot in 2011.  An amazing six Nobel laureates in chemistry, in the past ten years, have come from Israel.

We then drove from TAU to Bar Ilan University for a highly informative two-hour lunch meeting with the director of the Begin-Sadat Center for Strategic Studies (BESA) and three involved political science professors.  These men have high level contacts within the diplomatic and military communities.  Our discussion included, the Iranian threat, internal decision-making and foreign relationships.  When I asked for the three closest allies of Israel at the current time, I received a response of only one country: Canada.  All four believed the window of opportunity had closed for Israel to attack the Iranian nuclear facilities.

On Thursday, we were invited, on a very private tour, of the Israeli Navy SEAL (Shayetet 13) base outside Haifa.  I knew this three hour experience would be worthwhile when I had to place my cell phone and camera in a locker prior to entering the briefing room.  The highly guarded base provides the home for this unit of the IDF which is responsible for fighting the "war between wars."  The deputy operational commander was our guide and began with a Power Point presentation of some recent activities.  The constant threats and responses were illustrated and described.  We left this room and headed to the building where the dozens of Shayetet members Killed In Action, since 1949, are honored.  My request to see some of their special boats had been granted and we were escorted into a large boat hanger.  These boats are generally received from the US and then retrofitted.  Additionally, the US SEALS and Shayetet teams have some joint training.  Walking into the dormitory was interesting.  Instead of carrying backpacks containing computers and books, these young men between 19 and 22 years old, carry their automatic rifles and other weaponry.  These college-age men are listening to music, training and relaxing - knowing that they may be called into deadly action without notice.  Less than one out of 100 applicants becomes a member of this elite special force.

Friday (erev Shabbat) brought me to the Dead Sea for a hike in the 100° heat and then rappelling down six cliffs.  The view of the hills, sea and Jordanian coast is always beautiful.  I had stayed on the Jordanian side a few years ago and it was ironic to look across again.  I spent most of this time seeking bits of shade and thinking about the upcoming family Shabbat dinner!

After a failed early morning hot-air ballooning attempt, due to wind, I enjoyed the one hour drive to the family on Saturday as the roads were quiet.  We had a wonderful lunch of falafel, hummus, tahini and salads at an Arab restaurant (Jewish owned establishments are generally closed on Saturday).  Many Jews and Arabs packed the tables.

Thus, we had a plethora of activities during our nine days in Israel...and it was my first trip to Israel without being in the capital city of Jerusalem!  So, there are many interesting ways to spend time in this truly remarkable country.  Please feel free to contact me for assistance in planning your visit to the only Jewish country in the world...you will feel at home.

Brian Grodman may be contacted at brian.grodman@comcast.net.

A Letter to the President of Brandeis

Jay Bergman, PRIMER board member and an alumnus of Brandeis University, sent the following letter to the president of his alma mater regarding the disgraceful Ayaan Hirsi Ali episode:

Frederick Lawrence
President
Brandeis University
Waltham, Massachusetts

Dear President Lawrence:

The decision of Brandeis University not to award an honorary degree to Ayaan Hirsi Ali, after first announcing that it would do so, is disgraceful.

The cowardice it reflects contrasts sharply with the courage Ms. Ali has shown in condemning aspects of Islam that she rightly considers cruel, bigoted, and misogynistic, and for which she has suffered grievously.

It is yet another example of how arrogant, closed-minded faculty, and students who believe they can prohibit anything on campus that makes them uncomfortable, can intimidate administrators such as yourself to the point where one of the principles essential to higher education -- a tolerance of opinions with which one disagrees -- is dispensed with in the name of preserving "a welcoming environment."  But the very essence of education is being challenged intellectually, and if students cannot endure the discomfort that that often induces, they have no business attending a college or university.

You say that you are withdrawing the award because Ms. Hirsi's views violate what you call "the core values" of the university.  But Brandeis saw nothing wrong in awarding an honorary degree to Tony Kushner, who has called the creation of the state of Israel a mistake and falsely accused it of ethnic cleansing; and to Desmond Tutu, an anti-semitic bigot who has compared Israel to Nazi Germany.  From this one could reasonably conclude -- since Tutu's anti-semitism did not cause Brandeis to refrain from awarding him a degree -- that anti-semitism is either one of the core values of your university or is not inconsistent with these values.

It is clear that at Brandeis University Israel can be smeared and those who do so are rewarded, but someone who properly criticizes Islam is unfairly attacked and dishonored.

In short, you have made the sorry record the university has compiled in awarding honorary degrees even worse.

And what makes your shameful capitulation especially regrettable to me is that I am an alumnus of Brandeis University, class of 1970.  Your university is my university.  And right now I am ashamed to call it my alma mater.

Sincerely,

Jay Bergman

Professor of History
Central Connecticut State University
New Britain CT 06050

Needed: An Honest Broker

Despite enormous concessions by Israel, bordering on the unbelievable, agreement on ending the Palestinian Arab-Israeli portion of the more general Arab-Israeli conflict (of which it is both a part and a consequence) is further away than ever before. Among the reasons: the Palestinian Arabs still refuse to make any real compromises and Palestinian Arab society has been increasingly radicalized since the establishment of the Palestinian Authority.

While the blame falls squarely on the shoulders of the leadership of the Palestinian Arabs, starting with Yasser Arafat and now resting with the so-called "moderate" Mahmoud Abbas, the role of the United States has not been helpful. While the U.S. has tried to play the role of an "honest broker" and anti-Israel activists frequently argue that the American government cannot be an honest broker because it is too close to Israel, the reality is that successive American administrations have put virtually no pressure on the Arabs to compromise while constantly pressuring Israel to make unreasonable concessions and "good-will gestures."

These actions by the United States only reinforce the intransigence of the Arabs and their refusal to make peace with Israel, regardless of the terms. This, of course, is the heart of the conflict and the reason it continues.

The United States has also repeatedly backtracked on commitments to Israel, including commitments made in order to get Israel to make one-sided, unreciprocated concessions to the Palestinian Arabs. Recall, for example, the way the Obama administration pressured Israel into a ten-month construction freeze with assurances it would be reciprocated by good-will gestures by the Palestinian Arabs along with various Arab states. No such gestures were ever made, but the United States continues to pressure Israel to strangle the Jewish communities in the disputed territories and even in Jerusalem.

These mistakes have been made both by presidents who were friendly to Israel, such as Reagan, Clinton and the younger Bush, and presidents who were/are not very friendly to Israel, such as Carter, the elder Bush and Obama.

It's instructive to look back at some of the "highlights" since the start of the failed Oslo process.

The start of the Oslo process was a time of hope, but it was unintentionally subverted at the very beginning by President Clinton and then fatally damaged by the aftermath of Camp David.

To put things in context: In the beginning, the United States supported United Nations Security Council Resolutions 242 and 338. In reality, it no longer acts in support of those resolutions. The United States joined Israel in opposing the establishment of another Palestinian Arab state in the disputed territories. It supported the continued free access to united Jerusalem. (This is still the official policy of the United States, enshrined in the law calling for the relocation of the American embassy to Israel's capital, but the administration today acts contrary to that law.)

The original understandings between Israel and the PLO called for the PLO to amend its charter, removing the portions calling for the destruction of Israel, before any documents were actually signed. President Clinton, in his eagerness to get the process going, pressured Israel to participate in the famous signing ceremony on the White House lawn before the PLC charter was amended, with assurances the charter would be amended shortly thereafter.

Two decades later, the charter has yet to be amended.

This has set the pattern. America pressures Israel to make concessions and gestures, with assurances that they will be reciprocated by the Palestinian Arabs. It shouldn't be surprising that the Arabs have always tried to weasel out of their commitments.  With America generally looking the other way, unfortunately they generally have reneged.

At the famous Camp David talks in 2000, the ground rules included the provision that nothing was agreed upon until everything was agreed upon.

In the context of that provision and in the hope of inducing the Palestinian Arabs to finally make peace, Israel proposed making enormous, indeed unprecedented and bizarre concessions, crossing numerous red lines. It considered a division of Jerusalem; it considered giving the Palestinian Arabs sovereignty over Judaism's holiest site, the Temple Mount; it considered giving the Palestinian Arabs roughly 95 percent of the disputed territory; it considered forcibly removing all Jews from the areas to be given to the Arabs . It even considered the absurd proposition of "swapping" some land within Israel proper in exchange for keeping some of the disputed territory - as if the disputed territory was the property of the Palestinian Arabs.

Arafat, of course, rejected peace and launched his so-called "Al Aksa intifada," murdering thousands of innocent Israeli civilians in bus bombings and other suicide attacks.

However, despite the American guidelines that nothing was agreed upon unless everything was agreed upon, since then the United States has used all the proposed Israeli concessions as a baseline, effectively rewarding the Palestinian Arabs for their refusal to make peace. This has poisoned the "peace process" ever since.

At that time, the United States still officially opposed the establishment of another Palestinian Arab state. That changed in 2002, when in the midst of the Arabs' brutal terror offensive, President Bush announced his support of "two states for two peoples." (This, of course, really meant three states for two peoples, since the Palestinian Arabs already had a state in Jordan, comprising nearly four-fifths of mandatory Palestine.) The real strategic mistake here was this action amounted to an enormous reward for terrorism. Especially so soon after 9/11, it sent precisely the wrong message to terrorists around the world: it demonstrated, loudly and clearly, that terrorism pays!

This flawed policy change was tied in with another, the famous "Road Map for Peace," which was officially launched in conjunction with the "Quartet" in 2003.

This document was deeply flawed. Typically, it called for additional, unfair concessions by Israel, such as a freeze of construction in "settlements" - even in areas everyone knows will be retained by Israel under any conceivable agreement (if one considers the Palestinian Arabs ever agreeing to peace as conceivable) - and allowing the opening of illegal Palestinian Authority offices in Jerusalem, while not calling on the Palestinian Arabs to do anything they had not already agreed to several times over, such as abandoning incitement and terror.

The Road Map did have one saving grace. For the first time, the United States put forth a policy which was step-by-step, where the process would not proceed to the next step until both sides - not just Israel - had adhered to its commitments of the previous step.

Unfortunately, but typically, when the Palestinian Arabs completely ignored their commitments in the very first phase - primarily the ending of incitement and terrorism - the Bush administration rewarded them in 2007 by jumping right past the first two phases and organizing the Annapolis conference to jump start final status negotiations.

In the meantime, in 2005 the Israeli government under Prime Minister Ariel Sharon had decided to completely leave Gaza. It even evacuated Jewish communities which were adjacent to Israel proper and which were on land which had been owned by Jews at the time of the War of Independence, when Gaza was occupied by Egypt and the Jews thrown out of their homes.

In the context of the Israeli withdrawal from Gaza, President Bush wrote a letter to Prime Minister Sharon acknowledging something obvious, that negotiations over any border between Israel and the Palestinian Arabs would have to recognize demographic realities, particularly the existence of significant, primarily Jewish cities in areas beyond the temporary armistice lines in effect between 1948 and 1967.

It was also supposedly understood by all that once Israel completely left Gaza there was not even a scintilla of justification for any attacks on Israelis from Gaza and that Israel would not be inhibited in defending its people from terror attacks launched from Gaza.

The Bush letter and the understandings made the withdrawal from Gaza and the ethnic cleansing of the Jewish communities there less unpalatable.

Unfortunately, the terror attacks from Gaza not only didn't cease when Gaza was free of any Israeli control, but they increased. And whenever Israel did anything to defend its civilian population, the world condemned Israel and even the United States invariably called on Israel to act with "restraint."

The coup de grace came when President Obama entered the White House and declared the United States would not be bound by the Bush letter of understanding!

But President Obama didn't stop there. He also figuratively tore up the armistice agreements between Israel and its Arab neighbors along with Security Council Resolutions 242 and 338 when he called for borders between Israel and a future Palestinian Arab state to be based on the temporary armistice lines with agreed upon "land swaps."

The armistice agreements specified the armistice lines were not to have any political significance; in other words, they were specifically not to be used as a basis for negotiating permanent borders. Thus President Obama was declaring his support of violating those agreements.

The Security Council resolutions called for withdrawals from land captured by Israel in 1967 and the negotiation of secure and recognized borders. The armistice lines, described as "Auschwitz borders" by the dovish Abba Eban, obviously could never be the basis for secure borders. Hence, in calling for borders based on the armistice lines, President Obama is also calling for the violation of Security Council resolutions 242 and 338.

These actions by successive American presidents have a negative impact well beyond the Arab-Israeli conflict. Indeed, they probably harm the United States, the Western world and even the Palestinian Arabs more than they harm Israel.

Although they have made Arab-Israeli peace even less likely and pushed it further into the future, Israel has learned to cope with a lack of its most fervent wish. It has shown the ability to defend itself against each new wave of Arab terror and still thrive.

The rest of the world is not so fortunate.

American policy has sent out the message that terror and intransigence work. It has changed from opposing another, separate Palestinian Arab state to strongly supporting it, while ignoring the desire for independence of numerous other national groups, groups which have not repeatedly turned down the opportunity for independence and have not resorted to terrorism the way the Palestinian Arabs have.

American policy changes have also sent the message that America's word is not its bond, that America can no longer be trusted. Unless this message is reversed, this has the potential for catastrophic consequences in the future.

These policies of appeasing Arab terror and intransigence have perhaps hurt the Palestinian Arabs most of all. They have made it easier for the Palestinian Arabs to continue their fruitless, genocidal quest to destroy Israel rather than, however reluctantly, choosing peace and enabling their children to live normal lives rather than being indoctrinated in the glorification of suicide bombing and martyrdom.

What Should the American Administration Do?

In general, it? needs to start applying most of its pressure to the intransigent party, the Palestinian Arabs. The Israelis have several times offered the Arabs far more than any reasonable settlement calls for. Rather than reacting to Arab rejection by pressuring Israel to make more concessions, the American government should make it clear that the previous offers are off the table and the longer the Arabs reject peace the less support they'll get.

Rather than pressuring Israel to not build, even in communities which everyone knows will remain with Israel, the American government should be encouraging Israeli construction and telling Mahmoud Abbas that he's wasting time and his future state is shrinking.

The American administration should make it clear "land swaps" are off the table and the side need to come up with a reasonable partition of the disputed territory.

President Obama should repeat what he said the night he clinched the Democratic nomination for president, that Jerusalem must remain the united capital of Israel and he should finally implement the long-stalled Embassy Relocation Act and start building America's embassy to Israel in that nation's capital.

The American mediation role reminds one of Zeno’s Paradox. In Zeno’s Paradox, one argues it is impossible for anyone to leave a room, since before one leaves the room one first must get halfway to the door. But after one gets halfway to the door, one must still first get half of the remaining distance to the door, and so on. The, obviously faulty conclusion, is that one can never get all the way to the door.

America always seems to look at the positions of the Palestinian Arabs and the Israelis and urges the parties to meet halfway. The Israelis try to meet halfway, but the Arabs never budge. By now, the Israelis have moved almost all the way to where the Palestinian Arabs started, but rather than moving towards the Israelis the Palestinian Arabs, if anything, have moved backwards.

In general, rather than reacting to Arab intransigence by trying to appease it, America should start over and begin paying attention to what would be a fair solution. It needs to be an honest broker and encourage peacemaking rather than peace-blocking.

A LESSON OF CHANUKKA: WHEN THERE ARE TWO "RIGHTS" IT IS OUR OBLIGATION TO FIGHT FOR OUR RIGHT

By Ervin Birnbaum

 

The Chanukka story contains a significant completely overlooked  angle -- namely its crucial relevance to our very own days. In historic perspective we see two "rights" emerging from Chanukka, that become involved in a titanic struggle with each other. In order to appreciate what the two "rights" are, we need to briefly begin the story several decades prior to the Maccabean uprising.

 

For clarity's sake we go back to the death of Alexander the Great in 323 BCE, signaling the collapse of the huge empire. Two of his generals divided the spoils between them. Ptolemy took the posessions south of Israel, focused on Egypt. Seleucus posessed the territory north of Israel, from Syria to the borders of India. As was so common throughout history, the Land of Israel became the battleground between these two powers. By 200 BCE  the Seleucid ruler, Antiochus III, also called the Great, wrested the Land of Israel for good from the Ptolemais in the Battle of Banyas. To the Jews in Israel, settled mainly around Jerusalem, it was of little consequence who was the overlord of the Land. Both empires were deeply Hellenized, under the impact of Greek civilization. Both were at peace with Judea, respecting the difference of its traditions and way of life. Josephus portrays Antiochus as friendly to the Jews, lowering their taxes, and letting them live "according to the law of their forefathers", and even resettling 2,000 Jewish families from Babylon in Judea.

 

Not long thereafter Antiochus the Great became involved in a conflict with a fledgling Eurepean power, the Romans, in his attempt to regain Alexander the Great's European possessions. The Romans would not allow the spread of Seleucid influence in Europe. In the ensuing Battle of Magnesia between the two superpowers in 192 BCE, Antiochus's 70,000 troops were decisively beaten by a Roman force of 30,000. According to the Alexandrian historian, Appian, Antiochus had to yield his 200 remaining elephants (the "tanks" of those days), most of his ships, an enormous financial indemnity and 20 hostages to the victorious Romans. Among the hostages was his son, who eventually became known as Antiouchus IV of the Maccabees. 

 

Young Antiouchus in Rome was royally treated. He was allowed to take advantage of all the splendor of the scintillating and dynamic metropolis. The great forum and the magnificent boulevards awakened his unbounded admiration. The gladiatorial combats and the precision drills of the centurions made the young man understand how a Roman force could beat a Seleucid army more than double its size. Taking in that unbounded power, the skill, dedication and vitality of the Roman Legions, coupled with the political and administrative skills of the Roman Senate and its appointed Consuls, the ceremonials of the Vestal Virgins and its luxurious religious festivities, pervaded him with a sense that no power like the Roman power has ever surfaced on our globe.    

 

Five years after young Antiochus's confinement in his glorious captivity, his father Antiochus the Great died. An elder brother of his was killed. Now came the turn of Antiochus IV to rule. The Romans had released him and offered him royal accompaniment to reach the capitol of the Seleucid Empire, where he ascended the throne.

 

Antiochus IV returned from Rome with the utter conviction that it is only a matter of time before he will have to face the Romans in battle as his father did. Soon events proved to him that the Romans are taking posession of Ptolemaic Egypt and are treating him, the Seleucid king, as an underling. His experience in Rome taught him that to have any chance of success in face of that monstrous European military super-machine, he must forge his country into a solidly unified front. He was convinced that for this it was supremely important to unite all of his subjects. Such union meant one nationality, one religion, one culture, one loyalty. He had no problem with most of his subject nations. They were idoloters, reveling in the loose morals of the Hellenic civilization that Antiochus enthusiastically embraced and they readily seemed to follow him. Only one nation was radically different: the Jews.

 

Antiochus IV, also called Epiphanes (the Glorious), was determined.to squeeze the Jews into his phalanx in order to forge a solid wall of resistance against the Romans. He completely reversed his predecessors' lenient policy toward them. The story is well known. He forbade practices of the Jewish tradition on pain of death.Study of the Torah was forbidden. A statue of Zeus ws installed in the Holy Temple. Jews were forced to sacrifice to the multitude of idols placed in the heart of Jewish settlements. Force, oppression, brutality became the order of the day in the obsessive drive of Antiochus to stand up to the might of the Romans with success.  

 

A picture emerges of Antiochus who did not act  as a bigot, an antisemite, a racist, driven by unreasonable hatreds, but rather a person who had rational aspirations to safeguard his empire -- an aspiration to which he was logically entitled. How than do we react to the moment when Mattathias and his five sons, gathered in Modin, began the Revolt that leads to years of Jewish resistance in order to safeguard the Jewish People, its Tradition and way of life?

 

What emerges are two "rights" posited one against another. Antiochus has a right to safeguard his empire. The Maccabbees have a right to safeguard the Jewish People.

 

What makes this a fascinating observation is that on that score the world changed little in 2081 years, from the day the Maccabean Revolt exploded to this day. For today too we see two rights embraced in a struggle on the question of what kind of a policy to adopt vis-a-vis Iran, a dangerous atomic power emerging on the globe. The USA is sick and tired of being the policeman of the world. Since World War II ended, it was involved in major wars in Korea, Vietnam, Afghanistan, and Iraq, lost soldiers in Lebanon, men in Lybia. The thousands of caskets of its sons that are shipped home from far-away shores do not  fill Americans with pride, but rather with continual questions of despair and disgust of why their young should bleed away in countries they know little about and care about even less. In short, the USA wants no further involvement abroad, even if Iran would be developing atomic weapons. By and large the European nations share this attitude.

 

Israel, on the other hand, feels threatened in its very existence. Iranian leadership has repeetedly issued statements menacing to Israel, referring to it as the cancer of humanity, as mice, rats and vermin, and calling for its destruction. Such statements must not be taken lightly. In the face of repeated threatening declarations it has become obvious that it is not one person's caprice but rather a national long-range policy that motivates Iran and that posits the idea that the very first atomic instrument produced by them will be unleashed at Israel. Israel is therefore obligated, as an act of self-defense, to do everything in its power to prevent Iran from reaching the capability of producing an atomic weapon.

 

Centuries back Antiochus Epiphanes wanted to safeguard the peace and security of his empire. Today the USA wishes to guarantee a world that will not claim any further American victims. In order to attain their goal, the Empire of Old and the Empire of Today do not seem to hesitate to sidestep a numerically small people, which happens to be a people shunned, despised and even hated so often in the course of history. Antiochus of old like the USA of today, would be hurt to the quick if accused of bigotry, racism, religious fanaticism, or anti-semitism. 

We are dealing with highly cultured and enlightened individuals who are genuinely convinced that they aim solely for the best interests of their people and of mankind. From their point of view, they may be right, despite Heine's prescient warning that where they burn Synagogues today they will burn Cathedrals tomorrow.

 

But what should Israel say? Because Antiochus wanted to safeguard his empire should the Jewish People allow itself to be erased, its traditions wiped out? The Maccabbees made their choice. They declared in word and deed: Our prople has a right to live. We shall not stretch our neck out for the butcher's knife. Our first concern is our survival. Despite what bigots say, we were never a burden on mankind. We always contributed more than we received. It is our obligation to sustain ourselves, to perpetuate ourselves, to assure our continuity and to look forward to a glorious tomorrow.

 

Indeed, what should Israel say today, when the powers that reached an agreement with Iran will extend dire warnings to it in days to come that in case it attacks the atomic facilities of Iran it will be the sole one blamed for unleashing a world-wide atomic conflagration threatening the whole globe?  

 

The situation should be crystal clear. Israel has an unquestioned right to take all the steps necessary to assure its national survival. In the light of recent history Israel has learned that it cannot rely on other nations, no matter how cultured and civilized these nations are, to come to its rescue. Iranian leaders have recently made solemn promises to Western powers to cut back in its operations leading to further development of an atomic arsenal. Israel sees these as self-serving promises to secure increased economic cooperation, support and lifting of sanctions from the West. To Israel these promises echo the solemn promises  of Hitler made to Neville Chamberlain and Daladier in the Munich Agreement of October 1938. For a scrap of paper carrying the banner of "peace in our time" the Western allies sacrificed the staunchest democracy of the European continent only to be led to a world war that cost mankind 70 million lives and the Jewish People fully one-third of its total number less than a year later. 

 

 For lack of alternative, should the chips fall Israel will have no other recourse but to stand up for itself even if it stands alone. Like the glorious Maccabbees so this generation of Jews, will fight for its right to assure its continuity. In the glow of our Chanukka lights we will identify with our precursors who recognized that if there are two rights it is our undisputed obligation to fight for our right.  

 

Rabbi Ervin Birnbaum, founder and director of first Russian Outreach program in Israel, "Shearim Netanya," was Professor of International Relations and History at City University of New York. He is also Rabbi Emeritus at Bet Israel Masorti Congregation in Netanya.

Responding to the Methodist Church Survey on BDS

The Methodist Church in the United Kingdom, one of the leaders in the hateful, anti-Israel, pro-terrorism BDS (Boycott, Divestment and Sanctions) movement passed a motion requesting "the production of a briefing on the arguments for and against the Boycott, Divestment and Sanctions (BDS) movement."

They have put a survey up on the web, at http://www.methodist.org.uk/bdsbriefing. Although they will certainly do their best to ignore any responses urging them to act responsibly, many people who are not anti-Israel are filling out the survey. Please join them.

The following are the questions and responses by Beryl Ratzer, a fellow resident of Netanya (although, unlike me, she lives there all year), a licensed Israeli tour guide (she's excellent; if you're looking for a guide while you're in Israel, you won't find a better one) and the author of "A Historical Tour of the Holy Land."

Beryl also periodically sends out very interesting emails and is in the midst of a series she calls "Points to Ponder," which are also available on her web site, http://www.ratzer.com. The fifth in the series contains her answers to the survey. We include it below with Beryl's permission.

To my family, friends and readers, Shalom

'Points to Ponder' 5 is a bit longer than usual because it includes my answers to all 14 questions raised by the Methodist church concerning their plans to decree a boycott of Israel. http://www.methodist.org.uk/bdsbriefing

In no way can this be seen as an attack on the theology of the Methodist church although I must confess that, based on my knowledge and understanding of Christianity, not only from my studies but also from guiding groups of all denominations and listening to the words of their pastors, priests, vicars, rectors and reverends, I do have a problem with 'replacement theology'.

Here then are the questions and my answers. Please feel free to pass this on to your friends and colleagues. If you no longer wish to receive 'Points to Ponder' do not hesitate to ask to be removed from my mailing list.

1.  What do you understand to be the motivation/inspiration behind the call for Boycott, Divestment and Sanctions in relation to Israel?

As the Methodist Church has not called for a boycott of China for its occupation of Tibet or of Turkey for its occupation of Northern Cyrus, to name but two of many, many occupations world-wide, I have no doubt in my mind that the motivation for this particular call is motivated and inspired purely and only by  anti-Semitism.

Not to acknowledge this is hypocrisy/dishonest/denial. You choose.

2.  In your view, what would be the essential elements of any peace agreement in Israel/Palestine?

Every peace agreement ever signed has been the result of negotiations between the two sides to the conflict without interference from any power, state, church or person not directly involved in the conflict.

Over the last twenty five years Israel has shown a genuine desire for an agreement with the Palestinians and made innumerable gestures and concessions to further reaching such an agreement.

From the Oslo Accords in 1993; Oslo II in 1195; the Wye Agreement in 1998; Camp David in 2000; the Geneva Accord in 2003 through to the disengagement from Gaza and Northern Samaria in 2005, every single one has been broken by the Palestinians.

And worse still, in each successive one the Palestinians, egged on by the Scandinavians and EU and UK supporters, have introduced new demands and conditions not mentioned in the previous one.

Please, don't take my word for it. Take the time to check out each of the afore-mentioned agreements and compare them.

Essential in any agreement will have to be Palestinian acceptance of a fact which the Palestinians are denying, with the support of replacement theology Christians. That Israel has an unbroken history in this land which goes back three millennia.

Another essential is that the Palestinians change their school curriculum and, instead of praising terrorism and encouraging children to aspire to becoming 'shahids', suicide bombers, they condemn all acts of terrorism and teach towards peace with Israel, just as in Israeli schools there are numerous outreach programs in which Israeli and Palestinian children can meet.

Israeli children sing songs of peace. Palestinian children sing songs of martyrdom and conquest.

Once again, don't just take my word for it. Check out some of the PA TV programs for children.

3.  Do you support a boycott of products produced within Israeli settlements?

I do not support the idea of an organised boycott anywhere as I believe it to counter the very basic idea of freedom to have an open society which can freely exchange ideas and viewpoints and as invariably innocent people are often affected.

In that same framework of an open society as long as there is no organised boycott and all products are on the shelves everyone is free to purchase whatever he chooses.

4.  Do you support the call for a wider consumer boycott of all Israeli products?

As I wrote in the previous question, I do not support boycotts anywhere or at any time.

In point of fact, neither does the Methodist Church or else it would be boycotting China, Turkey and goodness knows how many other cruel and inhumane countries throughout Asia and Africa in particular for their mistreatment of women and of children. Not to mention of course a boycott of Egypt for its massacre of Christian Copts.

5.  If you answer 'Yes' to Question 4, what changes would you need to see to be content to end your boycott?

Although I answered NO to question 4 I must say that quite honestly I do not see that the Methodist Church has any standing in demanding any changes from Israel, or for that matter, from any other country.

6.  What are the arguments against a consumer boycott of all Israeli products?  What are the risks?

Although not a member of the Methodist Church I believe Church members should vote against a boycott of Israeli products in order to make it clear to all and sundry that the call for boycott is not a cover for blatant anti-Semitism in the Methodist Church and its theology.

Should the Church include in its call for a boycott such places as China for its occupation of Tibet, Turkey for its occupation of Northern Cyprus, Saudi Arabia for its mistreatment of women, Iran for its death sentences, Egypt for its massacre of Christian Copts, to name but a few addresses, then at least it would appear that human rights and not anti-Semitism is the clarion call.

But until then, calling to boycott only Israel reeks of anti-Semitism. But then, perhaps I am missing the point and the Methodist Church is in fact anti-Semitic.

7.  If you do not support the call for boycott, divestment and sanctions, could you ever see yourself supporting such a call in the future?  Under what circumstances?

Once again, I do not believe in an organised BDS doctrine anywhere against anyone. As for the individual, one has complete freedom of choice to buy or not buy whatever one chooses.

8.  What message does the call for a consumer boycott of Israel communicate to the general public?  (please specify whether you are answering with reference to the public in the UK, in Israel, in the Occupied Palestinian Territories, or elsewhere)

In general the call to boycott Israeli products will be met with approval by all those supporting the Palestinian claims that Israel is a modern apartheid Nazi state committing a modern holocaust on the Palestinians (which is of course all totally incorrect), whether they be in the UK, Israel or anywhere else.

However, that small minority of thinking people which examines the false premises in greater depth cannot but question the Methodist Church for its desire to boycott only Israel.

9.  Do you support an academic boycott of Israel? Please explain your reasoning

An academic boycott of Israeli universities and colleges is the very antitheses of the idea of freedom to have an open society which can freely exchange ideas and viewpoints.

Apart from the ideological contradiction, those who boycott Israel's academia and consequently the inventions and innovations originating in them will be cutting off their noses to spite their faces.

What a loss to be unable to have a miniature camera invented in Israel painlessly examine ones intestines, to be unable to use the innovative medications coming from Israel, to be unable to use the tiny computer chips manufactured in Israel in one's computer.  The list is endless.

Or is the boycott to be selective? Don't boycott all that is vital???

10.  Do you support a cultural boycott of Israel? Please explain your reasoning.

If culture, as the Oxford dictionary defines it, is 'intellectual development' how does one develop culturally by a blanket boycott of a culture that has existed for three thousand years and has influenced innumerable other cultures throughout the world?

Closing oneself to any other culture is bigoted, racist, discriminatory and stultifying. There are probably a lot more words I could add.

11.  Under what circumstances, if any, should the Methodist Church divest from companies operating in Israel?

Divestment is the Church's free choice but it shouldn't  have to be backed by an ideology or theology.

Generally one invests money where there are good returns. If the investment is bad, divest. If not, why divest?

12.  Should the UK government or European Union impose trade or other restrictions on economic relationships with Israel or alternatively limited restrictions on economic engagement with settlements?  If so what form should such sanctions take?

As I don't believe in such restrictions and as neither the UK or EU or any other such country or group of counties are applying any sanctions against China, Turkey, Saudi Arabia, Iran or Egypt, for reasons which I have already given, I fail to understand why sanctions should be imposed on Israel.

13.  What actions other than BDS might members of the Methodist Church take to encourage a political process that could deliver a just and sustainable resolution in Israel and Palestine?

So far all the actions taken by the Methodist Church have merely resulted in more intransigency and heightened demands on the part of the Palestinians, as explained in my earlier responses.

As the Methodist Church has absolutely no standing in the conflict between Israel and the Palestinians the church should, in plain English, butt out.

14.  Is there any further theological or other comment that you would like to make in relation to Boycott, Divestment and Sanctions or are there papers or other resources that you would highlight?

Methodist theology is Methodist theology and not mine to criticize but perhaps it is the reason for the shrinking membership in your church.

It is a pity that the one-sided perspective to the Palestinian-Israeli problem has prevented your members from getting a deeper insight into that problem by delving into the many papers and resources available. Should you require some suggestions I will be only too happy to send them to you.

To intelligently form an opinion one needs to investigate all aspects of a problem. Sadly the Methodist Church has not done that.

Beryl
www.ratzer.com

Yom Kippur-2013

gs don morris, Ph.D.

It is after 3:30 in the afternoon here in Israel. The day of heat and humidity is moving towards sundown and the populace expects some relief from such weather soon as darkness arrives. However, today’s sundown is the most special one as Yom Kippur begins near 6:25 pm depending where you live in the country.

The most unique experience for Jew and non-Jew alike should be experienced by everyone-please come to us next year and encounter something special. Allow me to share what I have witnessed each of the last 15 Yom Kippurs.

At this hour the country is beginning its shut down. Israeli TV has gone “black” and programming resumes tomorrow evening. All forms of public transportation have stopped, e.g., busses, trains, sheruts.  Well not every sherut. I just saw one go by on the highway by the sea.

 You actually can feel the shut down, it is becoming very quiet and we still have 3 hours of sunshine remaining. In many homes about the country families are readying for prayers, many are eating one last meal to get them through the coming 25 hour fast. This is holiest of days for religious Jews-everywhere.

Some may ask, why is this so, what is the meaning of this coming day. Here is a very brief explanation-from Judaism 101:

Significance: Day of Atonement Observances: Fasting, Prayer and Repentance Length: 25 Hours Greeting: Have an easy fast Liturgy additions: Annulment of vows; lengthy confession of sins

...In the seventh month, on the tenth day of the month, you shall afflict your souls, and you shall not do any work ... For on that day he shall provide atonement for you to cleanse you from all your sins before the L-RD. -Leviticus 16:29-30

Yom Kippur is probably the most important holiday of the Jewish year. Many Jews who do not observe any other Jewish custom will refrain from work, fast and/or attend synagogue services on this day. Yom Kippur occurs on the 10th day of Tishri. The holiday is instituted at Leviticus 23:26 et seq.

The name "Yom Kippur" means "Day of Atonement," and that pretty much explains what the holiday is. It is a day set aside to "afflict the soul," to atone for the sins of the past year. In Days of Awe, I mentioned the "books" in which G-d inscribes all of our names. On Yom Kippur, the judgment entered in these books is sealed. This day is, essentially, your last appeal, your last chance to change the judgment, to demonstrate your repentance and make amends.

I said it would be brief! As sundown arrives, the country is shut down-tight-no public or private transportation of any kind. All stores, theaters, cafes, shops hours ago stopped working. This is voluntary, the shutdown is not due to war, loss of power, or injunction -Israelis of all persuasion, religious and secular alike, Arabs, Jew and non-Jews honor this special occasion. In the electric and hazardous Middle East, Israel, surrounded by its enemies, takes 25 hours off-successfully. Well except back in 1973…

Serenity is descending upon us as I continue to write-stressors are being “washed away” replaced with a gentle quiet, in both one’s mind and spirit. Inner reflection has begun-questions are raised, thoughts are often frenetic in the beginning as one searches his/her soul-when and where appropriate forgiveness is asked-the process has begun.

Soon the darkness arrives, secular Israelis go outside by foot,  bicycle, skateboard, rollers of all kinds onto the busy streets, roads and freeways where not but a few hours ago thousands of vehicles once traveled. For seculars this is typically an evening of staying outside all night long, wandering, gathering, visiting with known and soon to be known new friends.

Our borders are closed and protected by our marvelous IDF. They stand the duty these next many hours so all of us may decide how to be. We thank you all.

Please come next year-be with us-you will not regret it. I wish for all of you “an easy fast”.

Attacks perpetrated by the released Palestinian prisoners

This information was provided by the Israeli Ministry of Foreign Affairs, which points out the Palestinian prisoners released were not political prisoners but rather perpetrators of violent, heinous crimes against Israelis.

The fact that Israel released these murderous terrorists with only the slimmest of hopes the action would help bring about a peace agreement shows Israel's deep yearning for peace; the fact that Mahmoud Abbas, the so-called "moderate" leader of the Palestinian Authority insisted on their release just to sit at the table shows he hasn't the slightest interest in peace.

The following are the specific murderous crimes perpetrated by these individuals:

Fayez Khur: Aged 51, a Fatah operative from the Gaza Strip. On May 10, 1983, he murdered Menahem Dadon in the Gaza Strip, and was involved in the murder of Salomon Abukasis in the Gaza Strip on February 14, 1983. Sentenced to life imprisonment.

Salah Mugdad: Aged 47, a Fatah operative from Kfar Bracha in Samaria in the West Bank. On June 14, 1993, he murdered Israel Tenenbaum, a guard at the Sirens Hotel in Netanya. Sentenced to life imprisonment, which was then commuted to a 32-year sentence.

Samir Na’neesh: Aged 46, a Fatah operative from Nablus in the West Bank. On February 14, 1989 he murdered a soldier, Binyamin Meisner, by throwing a building block at him in the Kasbah in Nablus. Sentenced to life imprisonment.

Yusef Irshaid: Aged 45, a Fatah operative from Jenin in the West Bank. On June 15, 1992, he took part in the murder of a Druze Israeli citizen, Mufid Cana’an. In the years 1991-92 he took part in the murder of three Palestinians suspected of collaboration with Israel. He also planned a car bomb attack in Afula and made attempts to kidnap a soldier. Sentenced to five life imprisonments.

Mustafa al-Haj: Aged 45, a Fatah operative from Brukin in the West Bank. On June 17, 1989, he stabbed Steven Frederick Rosenfeld to death with a knife close to Ariel. Sentenced to life imprisonment.

Salameh Musleh: Aged 44, a Fatah operative from the Gaza Strip. On May 20, 1991, he took part in the murder of Reuven David in Petach Tikva, when he and his accomplice beat him to death. Sentenced to life imprisonment, which was then commuted to a 30-year sentence.

Atiyeh abu Musa: Aged 42, a Fatah operative from the Gaza Strip. On March 29, 1993, he murdered Isaac Rotenberg with an axe on a building site in Bat Yam. Sentenced to life imprisonment.

Salah Mukled: Aged 40, a Fatah operative from the Gaza Strip. On March 29, 1993, he stabbed Yeshayahu Deutsch to death with a knife in the hothouses of Kfar Yam. In that same year, he also carried out shooting attacks. Sentenced to life imprisonment.

Mohemed Sawalha: Aged 40, a Fatah operative from the village of Azmut in West Bank. On December 2, 1990, he took part in a stabbing on a bus in Ramat Gan, in which Baruch Heisler was murdered and three other passengers were injured. Sentenced to life imprisonment.

Atef Sha’ath: Aged 49, a Popular Front operative from the Gaza Strip. He collaborated in the murder of Simcha Levy on March 12, 1993. Sentenced to 29 years imprisonment.

Yusef Abed al-Al: Aged 42, a Popular Front operative from the Gaza Strip. On April 18, 1993, he took part in the murder of Ian Feinberg in the Gaza Strip. On July 3, 1993, he murdered a Palestinian who was suspected of collaboration. Sentenced to 22 years imprisonment.

Midhat Barbakh: Aged 38, a Popular Front and Fatah operative from the Gaza Strip. On January 21, 1994, he stabbed his employer, Moshe Beker, a citrus grower from Rishon Letzion, killing him. Sentenced to life imprisonment.

Ali Rai: Aged 56, a Fatah operative from the Gaza Strip. On January 21, 1994, he murdered Morris Eizenstat in Kfar Saba. Sentenced to life imprisonment.

Mohamed Nashbat: Aged 52, a Fatah operative from the Gaza Strip. On September 20, 1990, he took part in the stoning and lynch of a soldier, Amnon Pomerantz, in al Burej in the Gaza Strip. Sentenced to 25 years imprisonment.

Samir Murtaji: Aged 42, a Hamas operative from the Gaza Strip. In the years 1993-94, he murdered four Palestinians who were suspected of collaboration. He was also involved in kidnapping other Palestinians suspected of collaboration. Sentenced to 20 years imprisonment.

Hosni Sawalha: Aged 39, a Fatah operative from Azmut, a village in the West Bank. He took part in a stabbing on a bus in Ramat Gan on December 2, 1990, in which Baruch Heisler was murdered and three other passengers were injured. Sentenced to life imprisonment.

Faraj Rimahi: Aged 48, a Fatah operative from the Gaza Strip. Murdered Avraham Kinsler on June 6, 1992 and planned to murder more Israeli citizens. Sentenced to life imprisonment.

Ala Eddin Abu Sitteh: Aged 43, a Fatah operative from the Gaza Strip. On December 31, 1993, he took part in the murder of Haim Weizman and David Dadi in Ramle. After stabbing them both to death with knives, the murderers desecrated their victims’ bodies. Sentenced to two life imprisonments.

Ayman Abu Sitteh: Aged 42, a Fatah operative from the Gaza Strip. On December 31, 1993, he took part in the murder of Haim Weizman and David Dadi in Ramle. After stabbing them both to death with knives, the murderers desecrated their victims’ bodies. Sentenced to two life imprisonments.

Esmat Mansour: Aged 36, a Democratic Front operative from Deir Jarir, a village in the West Bank. On October 29, 1993, he aided the terrorist cell that murdered Haim Mizrahi in a chicken farm in Beit El. He led the murderers to a hiding place behind the chicken coops, brought rope to tie up the victim and helped them load the dead body into the trunk of the car. Sentenced to 22 years imprisonment.

Khaled Asakreh: Aged 41, a Fatah operative from Rafida, a village in the West Bank. On April 29, 1991, he murdered Annie Ley, a French tourist in Bethlehem. Sentenced to life imprisonment.

Nihad Jundiyeh: Aged 40, a Fatah operative from the Gaza Strip. On July 14 1989, he took part in the murder of Zalman Shlein in Gan Yavne. During questioning, he admitted to planning two more attacks that were not carried out: a stabbing in Gan Yavne and forcing a bus off a cliff. Sentenced to 25.5 years imprisonment.

Mohamed Hamdiyeh: Aged 41, a Fatah operative from the Gaza Strip. On July 14, 1989 he took part in the murder of Zalman Shlein in Gan Yavne. Sentenced to 25.5 years imprisonment.

Jamil Abed al-Nabi: Aged 50, a Hamas operative from the Hebron area in the West Bank. He was involved in planning and carrying out the shooting in the Cave of the Patriarchs in Hebron that occurred on October 25, 1992. In the attack, an IDF soldier, Shmuel Gersh, was killed and another soldier wounded. Sentenced to 21 years imprisonment.

Taher Zaboud: an Islamic Jihad operative from Silat al Harithiya, a village in the West Bank. He took part in a shooting that occurred on September 22, 1992 near the settlement Gadish. He was also involved in an unsuccessful attempt to murder a police officer in Umm al-Fahm. Sentenced to 21 years imprisonment.

Borhan Sabiah: Aged 42, a Fatah operative from Rai, a village in the West Bank. He was convicted of murdering six suspected collaborators. Sentenced to six life imprisonments.

Peace Negotiations FAQ

These informative FAQs were provided by Mercaz, the Zionist arm of the Conservative movement in the United States. The opinions expressed do not necessarily represent the positions of PRIMER. The FAQs are posted here with the permission of Mercaz.

Table of Contents

1.       Given the turmoil in the Middle East, why are talks resuming now?

2.       We know the gaps between Israelis and Palestinians are wide, what should we expect?

3.       Are the Israelis and Palestinians entering the talks bona fide?

4.       Do the Israeli people want peace? Does Prime Minister Netanyahu want peace? Is the mood right in the Israeli government for a peace agreement? Why do some Israeli politicians, including members of the coalition, speak out against peace?

5.       Do Palestinian people want peace? Does Abbas and the Palestinian leadership want peace? Is the mood right in the Palestinian Authority for a peace agreement?

6.       How do you negotiate a state into existence that is divided between two warring factions – Fatah and Hamas, which is heavily influenced by Iran?

7.       What will be the American role in the talks?

8.       What is the role of Europe in negotiations?

9.       What is the role of the Arab League and the Arab world in negotiations?

10.   Why does Israel continue building settlements against international pressure and while the Palestinians insist on their cessation? Will Israel disengage from settlements?

11.   Why is Israel refusing the Palestinian claim of return for refugees?

12.   What will the borders of a future Israeli state look like? Will it be based on 1967 lines with land swaps?

13.   What is the future of Jerusalem—will it be split, will it serve as the capitals of both nations? Should there be an international presence in Jerusalem?

14.   Why is the one-state solution not viable?

15.   Why is there a timeframe for negotiations? What if the talks fail?

16.   What can the public do to help peace negotiations?


Given the turmoil in the Middle East, why are talks resuming now?

Peace is ingrained among Israel’s founding principles and bringing an end to the conflict between us and the Palestinians has been a paramount goal of Israel’s since its inception. Thus, we are committed to pursuing peace until it is achieved. Peace is the only way we can secure Israel as the democratic nation state of the Jewish people. Ending the conflict is not only for our generation, but for improving the lives of our children and all future generations.

Israelis and Palestinians are certainly influenced by the instability in the Middle East. Arab-Palestinians are part of the Arab world and its clear the events across the region are influencing them. While this turmoil must be taken into account, and will influence the process, it cannot serve as an excuse to not have peace talks. Israel is not determining the future of the countries surrounding us. What we can determine, and where we can act, is on the peace process. We need to seize the opportunities when they arise.

We know the gaps between Israelis and Palestinians are wide, what should we expect?

Israel and Israelis are yearning and wishing for peace. We believe peace will improve the lives of both Israelis and Palestinians, and will further strengthen the security of the state of Israel. We believe sharing the land will allow us to preserve Israel as the democratic nation state of the Jewish people. Therefore, we determined to work hard and use any opportunity that we have to engage with our Palestinian neighbors to reach an historic peace agreement based on the principle of two states for two peoples – Israel the nation-state and homeland for the Jewish people and an Arab Palestinian state as the homeland for the Palestinian people.

Starting negotiations is not a goal in itself. We expect serious and intensive direct negotiations between trusted parties, without media exposure or spin. We expect both sides will not quit the table because of disagreements, rather, we expect they will seek creative solutions in order to bring an end to the conflict with an end to all claims. We expect each side will build public opinion in his own constituency to support the talks--a peace based on two states for two peoples--and the idea that there will be achievements and there will be compromises.

At the end of negotiations, we expect a peace that means no more Palestinian suicide bombers who get public squares named after them and no more missiles fired at our school buses.  We expect a peace that allows Israel to be able to invest in ourselves, building a better society for our children, and creating a prosperous future



Are the Israelis and Palestinians entering the talks bona fide?

On the day before negotiations began, it's remarkable to compare the actions of each people's leader. For Israel, Prime Minister Netanyahu agreed to release 104 Palestinian prisoners who have murdered men, women and children. The prisoners were not political criminals, they were persons who committed horrendous acts of violence. This was a very controversial move among the Israeli people, but Prime Minister Netanyahu was preparing his people for the risks they would need to take for peace. On the other side, Palestinian Authority President Mahmoud Abbas stood up at a press conference in Cairo and said that he will not compromise an inch of land. We wish he would begin preparing the Arab world for the need to compromise. It's crucial for these negotiations to succeed.


Do the Israeli people want peace? Does Prime Minister Netanyahu want peace? Is the mood right in the Israeli government for a peace agreement? Why do some Israeli politicians, including members of the coalition, speak out against peace?

Yes, polls show Israelis want peace. For Israel and Israelis, peace means no more Palestinian suicide bombers who get public squares named after them and no more missiles fired at our school buses.  Peace also means being able to invest in ourselves, building a better society for our children, and creating a prosperous future.

The Prime Minister has repeatedly showed his commitment to peace in both his words and his actions. At Bar-Ilan in 2009, the Prime Minister envisioned a peace of two free peoples living side by side. In 2010, the Prime Minister froze settlements for 10 months—a move that then Secretary of State Hillary Clinton called "unprecedented". At the 2011 UN General Assembly, he offered to start negotiations immediately with President Abbas in New York. In a joint press conference with President Obama this year in Jerusalem, the Prime Minister reaffirmed his commitment to peace based on two states for two peoples. For these talks, the Prime Minister agreed to release 104 Palestinian prisoners, criminals, who have committed horrendous crimes, murder among them, against innocent Israelis and tourists. If someone doubts his commitment, the only way to test him is at the negotiating table.

People will always look for excuses why the time is not right. We have long called for negotiations for an end to the conflict, and the opportunity is here today as the Palestinians have finally agreed to return to the table. The time for peace is now and we will not miss this opportunity. In addition to the support of his coalition and forces in the opposition, Prime Minister Netanyahu is ready to lead an internal Israeli discourse to highlight the importance of reaching peace with our neighbors anchored in the security of the land and people of Israel

Israel is a proud and vibrant democracy, and, just as in America, there are diverging opinions that are permitted and even encouraged in a democracy. Most Israelis and Israeli politicians support peace. The diverging opinions often heard or read are not against peace, but about specific policies related to peace.


Do Palestinian people want peace? Does Abbas and the Palestinian leadership want peace? Is the mood right in the Palestinian Authority for a peace agreement?

Israelis may understandably be wary or concerned about the Palestinian leadership’s commitment to peace. For years, Palestinian leadership has glorified terrorism, naming streets and squares after suicide bombers and convicted murders. For years, Palestinian leadership has ignored Israeli calls to return to the negotiating table. However, we believe there are enough Palestinians who believe peace is possible.



The heart of the Israeli-Palestinian conflict is a struggle between two national movements that have claim to the same land. The only possible resolution should adhere to the principle that we need to share and we need to recognize one another. By sitting at the negotiating table to discuss all standing issues and with a willingness to be creative and to compromise, we can put an end to the conflict with an end to all claims.



What is needed now is leadership from the Palestinians with a clear commitment to talk until we have ‘white smoke’. We expect the Palestinians to stay at the table even when negotiations they become tough and to begin leading an internal discourse preparing the Palestinian people for the gains and compromises that will come from peace.

Timing is not strictly about current mood, It’s about the responsibility of leadership to do what is best for their people. What’s needed now is Palestinian leadership determined to convey to its people the importance of negotiations and peace; to convey there will be achievements and there will be compromises. The commitment by Israeli and Palestinian should be for our children and the future generations who will have a better life than ours.


How do you negotiate a state into existence that is divided between two warring factions – Fatah and Hamas, which is heavily influenced by Iran?

It is our responsibility to promote an agreement with those who are ready to be part of an historic peace. Hamas, which controls about 40 percent of the Palestinian population, cannot be a partner to the peace process until it adheres to the Quartet principles: recognizing Israel, upholding all previous agreements and renouncing violence.

However, we cannot allow radical forces, like Hamas, to take the vision of peace hostage, and therefore Hamas-controlled Gaza will force us to pay attention to the security parameters that will secure Israelis, the land of Israel and the agreement.



What will be the American role in the talks?

Israel greatly appreciate Secretary Kerry’s leadership to resume the direct talks for peace for a two-state solution. In negotiations, the United States will serve to maximize the ability of the sides to dialogue and to compromise, with the goal of achieving two states, living side by side in peace and security. Only the United States has the needed trust and power from the parties to facilitate an historic peace agreement.



As agreed on by the parties, the United States will work continuously with both parties as a facilitator throughout the nine month time frame on all of the final status issues, all of the core issues, and all other issues are all on the table for negotiation. The parties agreed that negotiations will remain confidential and the U.S. will be the sole party to speak, if necessary, on the status of negotiations.



What is the role of Europe in negotiations?

We hope countries in Europe, the European Union and the rest of the world, will support the process through backing the Kerry initiative and creating a positive atmosphere for the talks. We need Europe to be very careful and cautious in its actions that may be unconstructive and increase distrust between the parties.



What is the role of the Arab League and the Arab world in negotiations?

We hope the Arab League and Arab countries will lend their support for negotiations and create a positive atmosphere that will encourage the Palestinians to solve the conflict through direct negotiations. We hope the Arab League supports the right of the Palestinians to negotiate what is right for them. We hope they will not create additional obstacles to peace by pressuring the Palestinians on final status issues or creating extra conditions that will make it more difficult for the Palestinians to negotiate. We also hope the Arab League will push confidence building measures from their end that will improve relations with Israel and Israelis. The Arab world should welcome any agreement that is reached by the parties.



Why does Israel continue building settlements against international pressure and while the Palestinians insist on their cessation? Will Israel disengage from settlements?

The future of the settlements will be an issue that will be negotiated, along with all other core issues. We can't strip settlements of their meaning. Settlements are communities in our historic, biblical homeland.

In the past, Israel has proven its capability to reach agreements on borders to remove Israeli towns and communities in Sinai, Gaza and northern Samaria. Prime Minister Netanyahu has stated publicly, to the U.S. Congress, that in any realistic peace arrangement, some settlements will be beyond Israel's borders. The issue of settlements will be discussed around the negotiating table and changes will be part of an agreement that will end the conflict and end the claims.

If we thought that by just freezing settlements we'd have peace or be genuinely closer to peace, that would be one thing. Unfortunately we know that not to be the case. When Prime Minister Netanyahu froze settlements for ten months—a move that then Secretary of State Hillary Clinton called "unprecedented"—President Abbas refused to even negotiate until the last two weeks of the freeze, and only then he demanded an additional freeze. Settlements are certainly an issue, but they are one of many issues that must be determined face to face at the negotiating table.



Why is Israel refusing the Palestinian claim of return for refugees?

There is a critical asymmetry between Israelis and Palestinians regarding our vision for an end to the conflict. Although an historic claim to all of the land exists for Israel as well, eretzh Israel ha’shlema, polls indicate that the majority of Israelis have long supported a future of two sovereign states for two peoples. The majority of Palestinians, on the other hand, remain committed to the claim of return – or the end of the sovereign state of Israel. Palestinian political and religious leadership speak on this platform and children are educated on this platform.



The issue of refugees will be discussed around the negotiating table, along with all other core issues. At its heart, the Palestinian claim of return is a disguise for not accepting Israel as the nation state of the Jewish people. The claim of return would force Israel to absorb all Palestinian refugees and their descendants, nearly 4.7 million, who want to live in it, thus creating a bi-national state

The issue of refugees is a social, economic and humanitarian problem that needs to be addressed in negotiations, but not within the borders of Israel--not when it threatens Israel as the nation state of the Jewish people. Israel can contribute to the solution, but it won’t include accepting the Palestinians narrative. We will not have peace until we share a vision of two-states for two peoples, including a final end to all claims.

[PRIMER comment: There are only a relative handful of actual Arab refugees, the youngest of whom are now 65 years old with no memory of ever living in Israel. Almost all those referred to as refugees are actually descendants of refugees. Many of them are back in the lands from which their ancestors came before migrating to Judea, Samaria or Gaza.]

What will the borders of a future Israeli state look like? Will it be based on 1967 lines with land swaps?

The issue of borders will be determined in direct negotiations, along with all other core issues. Israel accepts the principles of President Obama in which the borders of Israel and a future Arab-Palestinian state will be based on security needs and the new demographic realities on the ground. Provisions must be robust enough to prevent a resurgence of terrorism, to stop the infiltration of weapons, and to provide effective border security.



What is the future of Jerusalem—will it be split, will it serve as the capitals of both nations? Should there be an international presence in Jerusalem?

The issue of Jerusalem will be discussed at the negotiating table, along with all other core issues. Jerusalem is the heart and soul of the Jewish, religious and national identities of Israel. It was the historic capital of the Jewish people and Israel’s position is that Jerusalem will not be divided and Jerusalem will remain the capital of Israel. Only a democratic Israel has been committed to the freedom of worship for all faiths in the city--Jews, Christians and Muslims.



Having said that, we are aware of the religious ties and we understand the Palestinians have their own positions. Everything can and should be brought to the negotiating table, and, as Prime Minister Netanyahu told a joint meeting of Congress, we believe with creativity and with good will, a solution can be found.


Why is the one-state solution not viable?

Just this week in Cairo, President Abbas asserted that there will not be “a single Israeli” in a future Arab-Palestinian state. Unlike Abbas, Israel accepts the rights of minorities to live in Israel as fully equal citizens, and we will protect those rights. However, we want to prevent the creation of a bi-national state. Israelis want to be the nation state of the Jewish people with a democratic government, and the only way to ensure that is through the creation of two states for two peoples – Israel as a Jewish state and the homeland for the Jewish people and an Arab Palestinian state as the homeland for the Palestinian people – each state in joined self-determination, mutual recognition, and peace.



Why is there a timeframe for negotiations? What if the talks fail?

A time frame of nine months has been proposed by the parties. The time frame highlights how important and urgent it is for the parties to negotiate.

The time is here for peace, and Israel is determined and committed to pursue peace through negotiations. Israel is focused on how we can make negotiations work. We cannot look at the possibility of unsuccessful talks. Israeli and Palestinian leadership have the responsibility to make these negotiations work for their people.



There is also a responsibility of world leaders and within international public discourse to create a positive atmosphere for talks that will guide their success. Leaders and the community should encourage the sides to work towards a realistic and workable political agreement, and give up fantasy solutions.



We have an expectation from the community to make clear to President Abbas that quitting negotiations is not an option and that he must not shy away from compromise. Abbas must further understand there will be achievements and there will be compromises, and he must convey this to his people

We understand the difficulties, and we understand we may need additional time to negotiate. We look to the talks to create a positive momentum to a necessary process to reach a peace based on two states for two peoples



What can the public do to help peace negotiations?

The public has an important role to join in the discourse surrounding the peace talks. We hope world leaders, governments and publics will create a positive atmosphere for talks that will guide their success. Leaders and the community should encourage the sides to work towards a realistic and workable political agreement, and give up fantasy solutions. We have an expectation from the community to make clear to President Abbas that quitting negotiations is not an option and that he must not shy away from compromise. Abbas must further understand there will be achievements and there will be compromises, and he must convey this to his people



Governments around the world, especially in Europe and within the Arab world, should continue to lend their support for negotiations. They should be careful and cautious in their actions that may be unconstructive and increase distrust between the parties. Finally, they should welcome any agreement that is reached by the parties.