Declaring Independence – An Introduction

This week, Raúl Castro at the age of 86 finally transferred his position as President of Cuba to a non-Castro successor, 57 year-old Miguel Díaz-Canel, if even in name only. He did not transfer political power at the same time, for he retained control over the Communist Party of Cuba. This was not the longed-for political step towards liberalization. A year ago, Castro had declared that, “Cuba and the United States can cooperate and live side by side, respecting their differences, but no one should expect that for this, one should have to make concessions inherent to one’s sovereignty and independence.”

In declaring independence, what characteristics are inherent to sovereignty and independence upon which there can be no concessions? By focusing on those, one can tease out much more precisely what national leaders mean when they declare their sovereign independence. Many countries have made such declarations – Norway did so from Sweden in 1814 by convening a constituent assembly, though Sweden took until 1905 to fully recognize that independence; on 17 July 1992, the Slovak parliament adopted its Declaration of Independence of the Slovak nation from the Czechs. Those two were “velvet” separations. In Sudan, on 9 July 2011 in Juba, South Sudan declared its independence from Sudan after a long war that began in 1955. A host of other colonies declared independence from the imperial powers that previously held ultimate power over their people and territory also after long, protracted wars.

I concentrate on the Declarations of Independence of Israel because yesterday was Yom Haatzmaut 5778 when Israel celebrated 70 years since it declared independence. The document is also unique and distinctive in several ways. I also focus on the Declaration of Independence of the United States because it is seen by most observers to be a prototype for such declarations. Further, if you try to look up declarations of independence on Google, the first dozens of references will be to the U.S. as if the generic can be equated with a specific example of one species.

A declaration is a formal announcement to proclaim either what you contend you have or what you aspire to have, in this case, absolute and ultimate sovereignty over a people and its land. Helpfully, the Israeli Declaration of Independence is a written document. So is that of the American declaration. Even though the circumstances were radically different, the two documents can be used to gain insight into the reasons the declaration was made and the historical conditions that propelled such a declaration. More importantly for me, the philosophical and political presumptions are built into the proclamations.

The first thing to note about the Israeli document issued on 14 May 1948 is that it is not a declaration of independence from but a declaration of the establishment of the State of Israel. Second, the document is significant as much for the recognition granted to the status claimed by the proclamation within a few minutes by the United States of America, and, within three days by the USSR.

Except for a minor postscript that follows, this morning I simply want to put before you the document so that you can read it. The analysis will follow in the next few blogs.

ARETZ-ISRAEL [(Hebrew) – the Land of Israel, Palestine] was the birthplace of the Jewish people. Here their spiritual, religious and political identity was shaped. Here they first attained to statehood, created cultural values of national and universal significance and gave to the world the eternal Book of Books.

After being forcibly exiled from their land, the people kept faith with it throughout their Dispersion and never ceased to pray and hope for their return to it and for the restoration in it of their political freedom.

Impelled by this historic and traditional attachment, Jews strove in every successive generation to re-establish themselves in their ancient homeland. In recent decades they returned in their masses. Pioneers, ma’pilim [(Hebrew) – immigrants coming to Eretz-Israel in defiance of restrictive legislation] and defenders, they made deserts bloom, revived the Hebrew language, built villages and towns, and created a thriving community controlling its own economy and culture, loving peace but knowing how to defend itself, bringing the blessings of progress to all the country’s inhabitants, and aspiring towards independent nationhood.

In the year 5657 (1897), at the summons of the spiritual father of the Jewish State, Theodore Herzl, the First Zionist Congress convened and proclaimed the right of the Jewish people to national rebirth in its own country.

This right was recognized in the Balfour Declaration of the 2nd November, 1917, and re-affirmed in the Mandate of the League of Nations which, in particular, gave international sanction to the historic connection between the Jewish people and Eretz-Israel and to the right of the Jewish people to rebuild its National Home.

The catastrophe which recently befell the Jewish people – the massacre of millions of Jews in Europe – was another clear demonstration of the urgency of solving the problem of its homelessness by re-establishing in Eretz-Israel the Jewish State, which would open the gates of the homeland wide to every Jew and confer upon the Jewish people the status of a fully privileged member of the comity of nations.

Survivors of the Nazi holocaust in Europe, as well as Jews from other parts of the world, continued to migrate to Eretz-Israel, undaunted by difficulties, restrictions and dangers, and never ceased to assert their right to a life of dignity, freedom and honest toil in their national homeland.

In the Second World War, the Jewish community of this country contributed its full share to the struggle of the freedom- and peace-loving nations against the forces of Nazi wickedness and, by the blood of its soldiers and its war effort, gained the right to be reckoned among the peoples who founded the United Nations.

On the 29th November, 1947, the United Nations General Assembly passed a resolution calling for the establishment of a Jewish State in Eretz-Israel; the General Assembly required the inhabitants of Eretz-Israel to take such steps as were necessary on their part for the implementation of that resolution. This recognition by the United Nations of the right of the Jewish people to establish their State is irrevocable.

This right is the natural right of the Jewish people to be masters of their own fate, like all other nations, in their own sovereign State.

ACCORDINGLY WE, MEMBERS OF THE PEOPLE’S COUNCIL, REPRESENTATIVES OF THE JEWISH COMMUNITY OF ERETZ-ISRAEL AND OF THE ZIONIST MOVEMENT, ARE HERE ASSEMBLED ON THE DAY OF THE TERMINATION OF THE BRITISH MANDATE OVER ERETZ-ISRAEL AND, BY VIRTUE OF OUR NATURAL AND HISTORIC RIGHT AND ON THE STRENGTH OF THE RESOLUTION OF THE UNITED NATIONS GENERAL ASSEMBLY, HEREBY DECLARE THE ESTABLISHMENT OF A JEWISH STATE IN ERETZ-ISRAEL, TO BE KNOWN AS THE STATE OF ISRAEL.

WE DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948, the People’s Council shall act as a Provisional Council of State, and its executive organ, the People’s Administration, shall be the Provisional Government of the Jewish State, to be called “Israel”.

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.

THE STATE OF ISRAEL is prepared to cooperate with the agencies and representatives of the United Nations in implementing the resolution of the General Assembly of the 29th November, 1947, and will take steps to bring about the economic union of the whole of Eretz-Israel.

WE APPEAL to the United Nations to assist the Jewish people in the building-up of its State and to receive the State of Israel into the comity of nations.

WE APPEAL – in the very midst of the onslaught launched against us now for months – to the Arab inhabitants of the State of Israel to preserve peace and participate in the upbuilding of the State on the basis of full and equal citizenship and due representation in all its provisional and permanent institutions.

WE EXTEND our hand to all neighbouring states and their peoples in an offer of peace and good neighbourliness, and appeal to them to establish bonds of cooperation and mutual help with the sovereign Jewish people settled in its own land. The State of Israel is prepared to do its share in a common effort for the advancement of the entire Middle East.

WE APPEAL to the Jewish people throughout the Diaspora to rally round the Jews of Eretz-Israel in the tasks of immigration and upbuilding and to stand by them in the great struggle for the realization of the age-old dream – the redemption of Israel.

PLACING OUR TRUST IN THE “ROCK OF ISRAEL”, WE AFFIX OUR SIGNATURES TO THIS PROCLAMATION AT THIS SESSION OF THE PROVISIONAL COUNCIL OF STATE, ON THE SOIL OF THE HOMELAND, IN THE CITY OF TEL-AVIV, ON THIS SABBATH EVE, THE 5TH DAY OF IYAR, 5708 (14TH MAY,1948).

David Ben-Gurion

Daniel Auster
Mordekhai Bentov
Yitzchak Ben Zvi
Eliyahu Berligne
Fritz Bernstein
Rabbi Wolf Gold
Meir Grabovsky
Yitzchak Gruenbaum
Dr. Abraham Granovsky
Eliyahu Dobkin
Meir Wilner-Kovner
Zerach Wahrhaftig
Herzl Vardi
Rachel Cohen
Rabbi Kalman Kahana
Saadia Kobashi
Rabbi Yitzchak Meir Levin
Meir David Loewenstein
Zvi Luria
Golda Myerson
Nachum Nir
Zvi Segal
Rabbi Yehuda Leib Hacohen Fishman
David Zvi Pinkas
Aharon Zisling
Moshe Kolodny
Eliezer Kaplan
Abraham Katznelson
Felix Rosenblueth
David Remez
Berl Repetur
Mordekhai Shattner
Ben Zion Sternberg
Bekhor Shitreet
Moshe Shapira
Moshe Shertok

* Published in the Official Gazette, No. 1 of the 5th, Iyar, 5708 (14th May, 1948).

 

A Minor Postscript.

 

On the very day that Canadian Foreign Minister Chrystia Freeland made her second trip to Washington to meet with her U.S. and Mexican counterparts over NAFTA, and Finance Minister Bill Morneau was in that same capital city to attend a working dinner of the finance ministers and bank governors of the G20 at  IMF headquarters, is Canada recognized as an independent sovereign nation by the U.S. when Canada must continually negotiate its economic interdependence and, more specifically, when even an esteemed, and justly so, venerable newspaper like The Washington Post cannot spell the capital of Canada correctly? (You – meaning me – should complain, you who miss typos all the time!) From today’s paper: “As the United Nations urges Canada to do more to help its “peacekeeping” mission in Mali, a piece in The Globe and Mail says Ottowa (sic!) needs to get more specific before it ramps up its efforts.” Perhaps Major-General Lewis MacKenzie (retired), who wrote the redacted article, should be blamed for he failed to use the name of the capital of Canada, and, by implication, identify the country with the shenanigans of its capital city.

 

With the help of Alex Zisman

 

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Responses to Trump’s Moving the American Embassy Policy – Part I

Responses to Trump’s Moving the American Embassy Policy – Part I

by

Howard Adelman

I was proud to see that my analysis of Trump’s announcement to move the American embassy in the foreseeable future and to recognize Jerusalem as Israel’s capital, as distributed Wednesday afternoon, generally held up very well with other analyses, with one clear exception. Though I accepted that the policy statement was nuanced, that it was impelled by domestic realities, I was out of synch with some commentators who thought the move was reasonable and realistic internationally as well as domestically. I was on the side of those who believed that Trump’s initiative in setting in motion steps to move the American embassy to Jerusalem and, more importantly, immediately recognize Jerusalem as Israel’s capital, would add to the difficulty of advancing progress on the peace front.

This blog will primarily focus upon commentators who agreed with me with respect to the lack of realism internationally regarding the announcement. Usually, they went further and made the judgement that the move was ill-advised or considered it a clear setback to negotiations. Subsequently, not even counting the leadership of all the major political parties in Israel, I will deal with analysts who viewed the initiative as a reasonable one and generally welcome at this time.

In beginning with critics, I will not include any analysis of those who saw the move as part of Zionist and colonialist efforts to deny Palestinians their rights to self-determination and their rightful ownership of Palestine or other more moderate stances of countries in the Middle East who were outraged but still supported a two-state solution.  In dealing with those who agreed with me on the international repercussions, I will say very little about those who were unequivocally apoplectic and loudly denounced and demonstrated against the new policy because they found it indecent and contrary to international law.

For example, Canadians for Justice and Peace in the Middle East (CJPME) organized a petition and a series of demonstrations declaring their shock and outrage. CJPME opposed any initiatives of countries to move their embassies to Jerusalem. They declared that, Trump ignored “all previous UN resolutions and an international consensus on Jerusalem.” Trump did not ignore previous resolutions. His statement was made in opposition to such resolutions, and specifically the one in December in the Security Council which President Obama did not veto which weighed in on the negotiations and declared ALL settlements on the other side of the old Green Line to be illegal. As I had analyzed the initiative, Trump’s move was intended to counter Barack Obama’s failure or refusal to use the veto.

Nor did I contend that Trump’s decision undermined all Middle East peace efforts calling for a negotiated settlement on the status of Jerusalem. Trump specifically qualified his recognition of Jerusalem as the capital by insisting that recognition of Jerusalem as Israel’s capital and the plan to move the embassy did not address the issue of Jerusalem’s borders but that such a decision must result from negotiations between the two parties. I was interested in critics on the left who were more analytical, though a few were also clearly very upset.

I distinguish between analyses and appraisals. For although I might have agreed with some critics’ analyses with respect to the international dimensions, I disagreed on their ultimate evaluation. For whether one agreed or disagreed with Trump, whether one has a very low regard for Trump as I do, I thought the policy statement was well crafted and nuanced.

Let me begin with some of the very bright lights among the critics. I start with Peter Beinart who is very sharp analytically but seemed to be almost as apoplectic and hysterical about Trump’s announcement when I watched him on CNN as anti-Zionists. He had expressed his extreme displeasure in the past with respect to Benjamin Netanyahu’s decision to build 2,500 more new housing units in parts of Jerusalem that were once on the other side of the Green Line as well as with Donald Trump’s campaign pledge to move the U.S. embassy from Tel Aviv to Jerusalem. Beinart repeatedly insisted that these moves were incendiary and would cost Israeli lives.

In contrast, Alan Dershowitz, who has a liberal pedigree but in the last few years has sounded like he was more on the right, argued that, “Violence should not determine policy.” Any instigated violence should be met by counter-measures by the police and the military. “The reason violence  – whether rock-throwing or more lethal forms of terrorism  – is used because it works… as a way to extort concessions from the world. And it works because policy makers often make or refrain from making controversial decisions based on the fear of violent reactions.”

For Dershowitz, unlike Beinart, moving the US embassy to Jerusalem was not unreasonable nor was recognizing Jerusalem as Israel’s capital. According to Dershowitz, Jerusalem is and will remain Israel’s capital. It is a fact and not a matter for debate. When such moves explicitly insist that this in no way predetermines the boundaries of Jerusalem or who should have sovereignty over the Old City, for Dershowitz that is not only a reasonable move, but a prudent one.

For Dershowitz, it does not matter whether the threat of violence comes from Palestinians, from Islamic demonstrators in Malaysia or from settlers on the West Bank. Policy should not be determined by such threats. As an example, Dershowitz cites the threats and the actual violence that resulted when, in 2000-2001, President Bill Clinton and then Prime Minister of Israel, Ehud Barak, put forth what was for Israel an extremely generous set of concessions. The threat – and the response: the Second Intifada! Dershowitz was even critical of the Israeli government for backing down under the threat of violence to its initiative in installing security cameras on what Jews call the Temple Mount (Har HaBáyit) and Muslims call Haram esh-Sharif. Dershowitz is fond of quoting Yitzhak Rabin. “We will pursue the peace process as if there no terrorism, and respond to terrorism as if there were no peace process.”

Other commentators supporting the Dershowitz position cite opposite moves that were far more widespread than recognizing the central site as special to Muslims as well as Jews. The UN General Assembly went further in the other direction in October of last year when it recognized the central holy site in Jerusalem as Muslim, supported Muslim claims and ignored Jewish ones.

The Dershowitz position could be questioned because it did not go far enough but also because it went too far in declaring Trump’s rationale to be reasonable. Was the diplomatic initiative reasonable? The peace offer of Barak was reasonable – whether or not one agreed with it. The installation of cameras on the Temple Mount (Har Habayit), however, broke an agreement between the Israeli authorities and the Muslims who administered the plaza of the Al-Aqsa Mosque and the Golden Dome. Israel had concurred that any changes with respect to the Temple Mount would take place as a product of consultations and joint initiatives. Unilateral actions on the part of Israelis, even those that on the surface seemed very reasonable, were read and interpreted as additional steps reducing Islamic authority on a site which they considered very holy.

Was the initiative to move the American embassy and to recognize Jerusalem as Israel’s capital, without prejudging the boundaries of that capital, unreasonable in breaking with previous agreements and seemingly both symbolically and on the ground advancing Israeli claims of sovereignty at the expense of Palestinian claims? That is the nub of the issue. America’s allies by and large took that position. At this time, such an initiative was “unhelpful”. The Czech Republic initially followed the Russian example of recognizing West Jerusalem as Israeli’s capital which, for many Israelis, seemed implicitly to deny Israeli claims on other parts of Jerusalem, even when qualified by assertions that the move did not signal any assessment on the ultimate boundaries of the capital of the Jewish state. In any case, the next day the Prime Minister rescinded the statement of the president of The Czech Republic.

Dershowitz’s argument in defence of the move and his rant against threats of violence, and Beinart’s apoplectic responses to the initiative and fears for “Jewish” lives, both depended on the assessment of a prior issue – was the initiative reasonable? More importantly, was it reasonable now? Canada was not agnostic on this question, even though the Canadian government refrained from criticizing the American initiative. Canada simply reiterated its position that any unilateral initiatives at this time would further complicate the difficulties in advancing the peace process and that our country would refrain from taking any unilateral steps.

The moderate and experienced negotiator on the Palestinian side, Saeb Erekat, backed up by Abbas, did not threaten violence and at least rhetorically called only for peaceful demonstrations. He did pronounce not only the peace process, but even the prospect of a two-state solution, dead. The only possibility, he insisted was now fostering a one state solution with equal rights for both Jews and Palestinians in the whole territory. However, he spoiled his threat by getting the facts wrong in asserting that Donald Trump had recognized a “united” Jerusalem as the Israeli capital. Trump did no such thing.

Dershowitz asked all bystanders not to “be fooled by those who say that the two-state solution is dead or that it is time to adopt a one-state solution.” Why? Because under any resolution, “Jerusalem would be recognized as the capital of Israel and its holiest places would remain under Israeli control.” That may be a realist prophecy. That may even be a realistic policy. But since it was at the heart of the dispute over Jerusalem, it would be all the more reason not to signal a pre-emptive outcome at this time. Even Donald Trump never went that far in putting forth his position. If Donald Trump had done so, if he had kept his promise to recognize Jerusalem as Israel’s capital without qualifying that initiative as not preempting any outcome on the borders of Jerusalem that could result from an agreement, then a Palestinian rejection should be viewed as reasonable and not just “the latest excuse by Palestinian leaders to refuse to sit down, negotiate and make the painful compromises necessary for a complete resolution of the outstanding issues.”

However, Dershowitz offered another argument why an initiative, without the qualification of not predetermining the sovereignty over the holy sites, was the reasonable one. It goes back to the point I made at the beginning of this blog that Trump was indeed attentive to previous UN resolutions. “President Trump’s decision merely restores the balance that was undone by President Obama’s decision to engineer a one-sided Security Council Resolution that changed the status quo.” That is, of course, why I criticized the failure of the US, when Obama was already a lame-duck president, to veto the Security Council resolution that Israeli settlements were illegal. The motions of the Security Council, unlike those of the UN General Assembly, do have legal status. With the U.S. landmark decision not to join the other 14 votes in favour of declaring all settlements illegal but to abstain, an initiative was permitted to take place which did preempt declarations on the outcome of the negotiations.

The Obama White House had rationalized its abstention which had far more significance than Donald Trump’s moving the embassy or recognizing Jerusalem as Israel’s capital, again without predetermining the borders of Jerusalem. For one, it was accompanied by a press release explaining the American failure to veto the resolution was determined by “the absence of any meaningful peace process.” That meant that the US was declaring Israel to be the main culprit in sabotaging the peace process. But if one defended the Obama initiative and, thereby, its rationale that the peace process had reached a dead end, then Donald Trump’s initiative should have posed no problem since, unlike the UN resolution, there was no presumptions about a final outcome.

Of course there was a presumption in both moves. Both the Obama and the Trump initiatives signaled an understanding of who was to blame for the stalled peace process. The UN resolution went even further in weighing in, not only on the agent to blame, but on the substance of negotiations, for that resolution declared that areas of West Jerusalem, such as French Hill, illegal as well. The resolution stated that Israel’s settlements had been placed “on Palestinian territory,” that the area captured in the 1967 war and occupied since 1967, including East Jerusalem, was Palestinian, and the occupation had “no legal validity.” Though the resolution only demanded a halt to “all Israeli settlement activities” as “essential for salvaging the two-state solution,” and did not demand a roll-back of previous actions, it made the quest for a two-state solution even more difficult. For the process was now under an international determination that the settlements were illegal and Israel, whichever party formed the government, would resist participating in negotiations that, in advance, undermined the Israel position that the settlements were not illegal.

There was another voice on the left that criticized Trump’s initiative, not for its content, but for failing to demand any quid pro quo from the Israeli government for what is broadly considered to be a bold American move. Tom Friedman, the Pulitzer Prize- winning columnist for The New York Times, seemed to criticize the initiative, not for its substantive content, but for the failure to link the American concession to a demand that Israel halt its settlement activities. For Friedman, recognizing Jerusalem as Israel’s capital had been understood as a concession that would be offered in return for Israeli concessions on other issues, such as settlements. Trump had awarded Israel a prize a) at a time when Israel did not deserve it; b) without extracting balancing concessions; and c) while offering Palestinians nothing of consequence in exchange.

In fact, the Trump initiative had been accompanied by a number of prior moves in the opposite direction – the expansion of Israel building more housing units on territory on the other side of the Green Line, such as in Gilo, which, under any peace agreement, was expected by all parties to remain part of Israel. There were other moves – the downgrading of the PLO “embassy” in Washington, the withdrawal of financial support by Congress to the Palestinian Authority because of its implicit support for terrorism in awarding recognition and providing the families of these “martyrs” with pensions. This was seen as a move towards defining the PA as a supporter of terror. The ground was being laid for subjecting the PA to US sanctions.

 

To be continued – Those Who Applaud Trump’s Initiative

 

Tomorrow: to be continued – Plaudits for Trump’s Initiative