|
Home
About IsraCampus
Search
עברית
Русский
Ben Gurion U
Hebrew U
Tel Aviv U
U of Haifa
Other Schools
A-C
D-G
H-K
L-N
O-R
S-V
W-Z
Israeli Academic Extremism
Israeli Academic Extremists outside
Israel
Anti-Israel Petitions Signed by Israeli
Academics
ALEF Watch
IDI Watch
IsraCampus Essays
How to Complain
Contact Us |
Tel Aviv University
Tel Aviv University - Chaim Gans
(School of Law) thinks Israel has a right to exist only if it destroys
all the settlements and withdraws to the Green Line. That is his "defence"
of Zionism!
A Just Zionism:
On the Morality of the Jewish State
Chaim Gans
Professor of Law, Tel Aviv University (Oxford University Press,
2008)
Conclusion (pp. 145-8)
"From the extreme
ultranationalist Right to the very moderate Left, all of the
different versions of Zionism share two common tenets: First, the
Jews must realize and maintain their right to national
self-determination, and second, this must be done in the Land of
Israel. However, the versions of Zionism differ with regard to the
institutional, demographic, and territorial dimensions of Jewish
self-determination. In this book, I have invoked considerations of
distributive justice and considerations of remedial justice in order
to examine the desirable dimensions of Jewish self-determination in
the Land of Israel in the past, present, and future.
In chapter 1, I
argued that the historical developments between the 1880s and the
late 1940s, which determined the details of the institutional,
territorial, and demographic dimensions of the Zionist aspiration to
realize Jewish self-determination in Palestine, also had normative
consequences. While justifications for the Zionist aspiration did
exist in the 1880s, at this point in time, any such justifications
had not yet become incontrovertible. Historically, this is clearly
reflected by the fact that there was a rivalry between Zionism and
the Bund regarding the solution for "the Jewish problem," which
neither side seemed to win. During the 1930s and 1940s, following
the Nazi rise to power, the Arab revolt, and the Holocaust, the
justifications for Zionism became indisputable. The fact that the
justice of Zionism did not seem unquestionable until the 1930s meant
that the Zionist movement had to be modest in its aspirations for
Jewish self-determination in Palestine. And indeed such modesty was
reflected in the ambitions actually voiced by the Zionist movement
at that time. The Nazi rise to power in Germany and the rise of
fascism in various parts of Europe, however, rendered the Zionist
aspiration to establish a Jewish state in Palestine conclusively
just. This was granted international recognition by the UN
Resolution for the Partition of Palestine of November 1947. The Arab
rejection of this resolution and the war which the Arab states
subsequently launched against the Jewish community in Palestine
further enhanced the justice of the establishment of the State of
Israel.
However, Israel
has since then deviated from the justifiable aspirations of Zionism.
These deviations have been in the institutional, territorial, and
demographic dimensions of Jewish self-determination. In 1948,
although Israel fought a just war for its independence, a huge
number of Palestinians became refugees. This wreaked havoc on
Palestinian society. Since the 1967 Six-Day War, Israel has been
establishing more and more Jewish settlements in the territories
occupied in this war and has been oppressing the Palestinians living
there. Moreover, in all of the years of its existence, Israel has
interpreted its Jewishness as entitling the Jews to hegemony and
even exclusivity in almost all spheres, especially those pertaining
to public life.
It is important to
realize that, if the moral theses developed in this book are
correct, then the practical measures they entail must be implemented
as soon as possible, not only because they are correct, but also
because failure to do so will have negative repercussions for the
future of the Jewish-Arab conflict. It is morally incumbent upon the
parties to the conflict to terminate it as soon as possible.
Israel's establishment of Jewish settlements in Palestinian
territories beyond Israel's pre-1967 borders, as well as many of the
discriminatory practices against Israeli Arabs within these borders,
are justified neither by the Jews' right to self-determination nor
by the nature and history of the Jewish-Arab conflict. As such, they
constitute an additional source of frustration and rage for the
Palestinians and for Israeli Arabs, and help to perpetuate the
conflict. Admittedly, the resolution of the conflict also depends on
the conduct of the Palestinians and their recognition of the
justified right of Jews to national self-determination in a land
which also happens to be their own homeland. Nonetheless, each party
to the dispute is duty-bound to refrain from inflammatory and
provocative practices that perpetuate the dispute and that cannot be
regarded as being legitimate means of self-defense. The occupation
and settlement activity beyond Israel's pre-1967 borders and the
inequality between Jews and Arabs within these borders constitute
such inflammatory or provocative practices.
Moreover, Israel
must bring all of this to an end not only because the occupation of
the West Bank and the inequality between Jews and Arabs in Israel
are bad in and of themselves and corrupt Israel's present and future
moral standing, but also because these practices render Israel's
good faith in relying on the justice of Zionism's past questionable.
Let me explain
this last point. According to the argument presented in chapter 2,
the Jews' historical right to select the site for the realization of
their self-determination in the Land of Israel ought to have been
suspended since our non-ideal world lacks the appropriate
institutions for specifying and enforcing the principles of ideal
justice. However, due to the need to rescue themselves from
persecution at the end of the nineteenth century and in the first
half of the twentieth century, the Jews nevertheless had a remedial
justification for realizing their primary right to
self-determination and for determining its site in their historic
homeland. As I explained in chapter 2, the basic rationale of the
defense of necessity, which justifies acts that are normally
prohibited, is that of the lesser evil. It is justifiable for a
mortally wounded person to break into a pharmacy and steal medicines
that will save his life, because the wrong which breaking into the
pharmacy causes, namely, the damage to the pharmacy, is clearly a
lesser evil than that which would result if he refrained from
breaking into the pharmacy. Breaking into the pharmacy constitutes a
lesser evil because the damage caused by the break-in is to property
and not to life. Moreover, the break-in is a one-time event which
does not create a permanent state of affairs. The damage is
reversible since the owner of the pharmacy can easily be compensated
for it. As emphasized in chapter 2, the Jews' return to Palestine is
not such a clear-cut case. It was intended to save Jewish lives and
restore Jewish dignity. However, the Jews couldn't just break in as
it were for the purpose of picking up a particular kind of medicine
and then leaving. They had to take possession of part of the
pharmacy itself. To make things worse, Israel has taken possession
of the whole pharmacy, and instead of being compensated, the
pharmacist has been humiliated and oppressed. In order for the
irreversible consequences of the Jews' return to be less damaging to
the Palestinians, Israel should not have established settlements in
the occupied territories, since they make it exceedingly difficult
to terminate Israel's occupation of Palestinian territories. Also,
Israel should have ended its discriminatory practices within the
State of Israel long ago. Together with the countries of the world,
and especially the European nations, Israel should have searched for
ways to compensate the Palestinians for the price they have paid for
the realization of Zionist ideology.
The fact that
Israel has not stopped its policies of territorial expansion and
discriminatory practices undermines its capacity to now invoke the
necessity defense in good faith. As I hope I have shown, and as many
early Zionist leaders, such as Pinsker, Herzl, Weizmann, Jabotinsky,
and Ben-Gurion also believed, this defense is crucial for the
justification of Zionism.
In this sense, the
State of Israel's current actions and policies do not only undermine
its moral standing in the present and in the future. They also
affect the legitimacy of relying on the justice of the Zionist past.
For someone like myself, whose life has to a great extent been
shaped by Zionism and who wholeheartedly believes in the moral
possibility of a just Zionism, this is indeed tragic."
|