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The Israeli Supreme Court Shields Hamas Members from Punishment

Sept. 20 2017

The Israeli supreme court recently ruled on a case involving four Palestinian residents of eastern Jerusalem who in 2006 took positions in the Palestinian government on behalf of the Change and Reform party: an organ of Hamas. As they are not Israeli citizens—east Jerusalemites have a special status—the government responded by revoking their residency rights. The four appealed the decision to the courts and now, after nearly a decade, the highest court has ruled in their favor. Evelyn Gordon finds the conclusion to be “mind-boggling.”

Although the Entry into Israel Law allows the government to revoke anyone’s residency rights “at its discretion,” [the court] stipulated that the law shouldn’t be used to revoke residency for “breach of trust,” [which is what the authorities cited as grounds for the expulsion]. Why? Because most east Jerusalem Palestinians were born in Israel and had lived there all their lives, so they deserve greater protection than migrants, who have previously lived elsewhere and whose roots in Israel are therefore shallower.

That east Jerusalem Palestinians merit greater protection than, say, labor migrants, is obviously true. . . . But in this particular case, the court’s otherwise valid distinction is completely irrelevant. After all, the case wasn’t about ordinary east Jerusalem residents, who, in the absence of evidence to the contrary, could reasonably be assumed by the court to view Israel as their primary home. It was specifically about people who chose to serve in a foreign government on behalf of a terrorist organization, and who thereby declared that their allegiance to this foreign entity superseded their allegiance to Israel. . . .

Even the majority justices appeared to realize how irrelevant their argument actually was. In a truly stunning statement, Justice Uzi Vogelman, who wrote the main opinion, said, “Our interpretative decision didn’t focus on the petitioners’ case specifically, but on an interpretive question of general applicability to residents of east Jerusalem.” Quite how any court can decide a case without focusing on that case “specifically” is beyond me.

Ostensibly, the case at least has limited application. After all, how many east Jerusalem Palestinians are going to become Hamas legislators or cabinet members? But in reality, the implications are broad, because if even swearing allegiance to a foreign government on behalf of a terrorist organization committed to Israel’s destruction isn’t enough to make a Palestinian lose his Israeli residency and its attendant benefits, what on earth would be?

Read more at Evelyn Gordon

More about: East Jerusalem, Hamas, Israel & Zionism, Israeli Supreme Court

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic