Jerusalem – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Israeli Government Stalls Plans for an Equal Space at the Western Wall https://legacy.lawstreetmedia.com/blogs/world-blogs/israeli-government-stalls-plans-for-an-equal-space-at-the-western-wall/ https://legacy.lawstreetmedia.com/blogs/world-blogs/israeli-government-stalls-plans-for-an-equal-space-at-the-western-wall/#respond Thu, 29 Jun 2017 21:10:24 +0000 https://lawstreetmedia.com/?p=61771

Netanyahu has backtracked on an agreement he made in January 2016.

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"Western Wall and Dome of the Rock Jerusalem Israel-15" Courtesy of Gary Bembridge: License (CC BY 2.0)

On Sunday, Israeli Prime Minister Benjamin Netanyahu backtracked on an agreement he made last year to create an egalitarian space at the Western Wall. He said he would seek what he feels is a better compromise between liberal progressive Jews and ultra-Orthodox Jews. Netanyahu decided to scrap the bill despite previously calling the solution a “fair and creative solution,” according to the Washington Post.

The Western Wall, or the “Kotel” in Hebrew, is one of the holiest sites in the world, and the holiest site for the Jewish people. It marks the only remaining ruins of the second Jewish temple in Jerusalem. The first temple was destroyed by the Babylonians in the sixth century BCE, according to the biblical account. A second temple was built a few decades later, and was ransacked and destroyed by the Romans in 70 CE.

For years, Jews and tourists from across the globe have traveled to the last remaining wall of the second temple in order to pray and stuff personal notes into the wall’s cracks. But one issue that has stemmed from this tradition is the wall’s gender divided prayer space. Men are allotted about 75 percent of the space, while women are granted a much smaller section.

Israel’s reform and conservative movements, together with Women of the Wall, an Israeli feminist organization, filed an official petition in September to reconfigure the prayer space. This action angered the ultra-Orthodox and decreased the chances for compromise, Israeli Interior Minister Aryeh Deri said.

Senior minister Tzachi Hanegbi has been appointed to seek an alternative solution. Netanyahu plans to meet with senior officials of the bipartisan American Israel Public Affairs Committee (AIPAC). AIPAC President Lillian Pinkus and CEO Howard Kohr made an emergency visit to Jerusalem on Wednesday in order to meet with Israel’s leader, according to Haaretz.

AIPAC released a one-sentence statement expressing its faith in Israel’s democracy as “the best hope for a productive outcome,” according to Haaretz. Netanyahu opted not to meet with American reform and conservative Jewish leaders despite them being in Jerusalem for the Jewish Agency’s Board of Governors summit, according to Times of Israel.

While the ultra-Orthodox community was delighted by Netanyahu’s backtracking, the decision was met with outrage from many Jews in Israel and around the world. In recent years, Women of the Wall has emerged to campaign for changes. The progressive group has advocated for a more egalitarian space at the Western Wall where husbands, wives, and children can pray together instead of being separated by a barrier. Anat Hoffman, director of Women of the Wall, wrote:

This is a bad day for women in Israel. The Women of the Wall will continue to worship at the women’s section of the Western Wall with the Torah scroll, prayer shawls and phylacteries until equality for women arrives at the wall as well.

The reason the barrier is there in the first place is to appease ultra-Orthodox Jews who adhere to the separation of the sexes. At Orthodox synagogues there are “mechitza’s” which separate the men and women during prayer.

Women are not permitted to read aloud from the Torah, wear prayer shawls (talit) or sing at the Western Wall. Women of the Wall also considers it a priority to change those restrictions.

Even some within the Israeli government spoke out against Netanyahu’s decision. Defense Minister Avigdor Lieberman said that the prime minister’s choice “causes terrible harm to Jewish unity and to the alliance between the State of Israel and Diaspora Jewry,” according to the Washington Post.

Yaakov Katz, the editor in chief of The Jerusalem Post, wrote a column saying, “Sunday will go down in history as a shameful day for the State of Israel, another nail in the coffin of Israel’s failing relationship with Diaspora Jewry.” Clearly, many Jews in Israel and those living outside the country have had strong negative reactions to Netanyahu’s decision.

Multiple Jewish groups have announced that they will reconsider their relationship with Israel. The board of directors for the non-profit Jewish Agency canceled a dinner that was planned with Netanyahu, according to San Francisco Gate. Additionally, Rabbi Rick Jacobs, the president of the Union for Reform Judaism, said he felt betrayed. Since Jacobs sees no point in meeting with Netanyahu at this point, the Union would instead prepare for future debates, according to Times of Israel.

Newly minted ambassador to Israel David Friedman spoke about the controversy while at an event in Jerusalem. Friedman said he understood the frustration, but called for unity and understanding between the two sides, according to Haaretz.

Netanyahu’s decision on the Western Wall represents a huge divide between ultra-Orthodox Israeli Jews and non-Orthodox Jews in Israel and around the world. Many American Jews have become frustrated with Netanyahu and the Israeli government in recent years, so this abandonment will only fuel those flames.

Now, the two sides must sit back down and find a compromise. It remains to be seen when a new deal will be reached, but the path there will surely be contentious.

“These negotiations were reached by listening to each other, mutual understanding… The [prime minister] initiated the negotiations and promised us and inspired us and now in one quick swoop without any warning stopped it all,” Hoffman, director of Women of the Wall, said.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Trump to Keep U.S. Embassy in Tel Aviv: What You Need to Know https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-embassy-tel-aviv/ https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-embassy-tel-aviv/#respond Thu, 01 Jun 2017 20:09:28 +0000 https://lawstreetmedia.com/?p=61066

Trump announced on Thursday that the U.S. will keep its embassy in Tel Aviv.

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Image Courtesy of U.S. Embassy Tel Aviv; License: (CC BY 2.0)

Few cities have caused as many headaches as Jerusalem. On Thursday, President Donald Trump continued in the tradition of his predecessors in keeping the U.S. embassy in Tel Aviv, Israel’s metropolis on the Mediterranean, rather than moving it to Jerusalem, Israel’s proclaimed undivided capital. In the wake of Trump’s announcement, social media has seemingly come to a consensus: Trump broke a campaign promise. Sure, he did. But like everything else involving Jerusalem, it’s not that simple.

Status of the Holy City

When the United Nations officially recognized the State of Israel in 1947, it also sought to designate Jerusalem “corpus separatum,” or an international protectorate, apart from the Arab and Jewish states being created between the Jordan River to the east and the Mediterranean to the west. That did not happen. Instead, after Israel officially declared itself a sovereign nation in May 1948, an attack was launched–Arab armies assaulted Israel, which eventually won the war.

But Jerusalem, which saw heavy fighting in the war, was split: Jordan captured the eastern half, which contains Judaism’s holiest sites (as well as Islamic and Christian holy sites), while Israel held onto the western half. Jordan governed the Holy City for nearly two decades. Under Jordanian rule, Jews were not allowed to visit their holiest site, the Western Wall. Jewish synagogues and cemeteries were destroyed or deconstructed. In the 1948-49 war, Jordan also captured the West Bank.

The Six-Day War in 1967 changed the status of Jerusalem, and shifted the conversation for decades to come. Israel captured a number of land parcels during the war: the Gaza Strip from Egypt; the Golan Heights from Syria; and the West Bank and east Jerusalem from Jordan. Soon after, Israel annexed the Golan Heights and east Jerusalem, moves that the international community did not–and still does not–recognize. Since then, all of Jerusalem–save the Temple Mount, a holy site for all Abrahamic faiths, which remains in Jordan’s hands–has belonged to Israel, which deems the city its undivided, eternal capital.

The U.S. Embassy

The U.S., like all other countries, has kept its embassy in Tel Aviv for decades. Israel has urged U.S. presidents to move the embassy to Jerusalem, home to Israel’s parliament, Supreme Court, and numerous cultural and business institutions. In 1995, the Clinton Administration signed a bill that set a clear path for the embassy move.

The Jerusalem Embassy Act of 1995 found that the U.S. “maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel.” The bill continued: “The United States conducts official meetings and other business in the city of Jerusalem in de facto recognition of its status as the capital of Israel.”

The bill dictated that the U.S. move its embassy from Tel Aviv to Jerusalem by May 31, 1999. However, it also allowed presidents to waive the move, if it “is necessary to protect the national security interests of the United States.” Like Bill Clinton and George W. Bush, Trump made a campaign promise to move the embassy. But on Thursday, despite his firm insistence he would buck the trend and actually go ahead with the move, Trump decided to renew the waiver, which will last for six months.

Despite delaying the embassy move, a White House statement said, “no one should consider this step to be in any way a retreat from the President’s strong support for Israel and for the United States-Israel alliance.” It continued: “President Trump made this decision to maximize the chances of successfully negotiating a deal between Israel and the Palestinians, fulfilling his solemn obligation to defend America’s national security interests.” The White House said “the question is not if that move happens, but only when.”

Israeli Prime Minister Benjamin Netanyahu expressed disappointment, but reiterated the U.S.-Israel partnership. A statement from his office said: “Though Israel is disappointed that the embassy will not move at this time, we appreciate today’s expression of President Trump’s friendship to Israel and his commitment to moving the embassy in the future.”

To Dan Shapiro, the U.S. ambassador to Israel from 2011 to 2017, Trump made the right decision:

He said Trump has leverage in the peace negotiations between Israel and the Palestinians, and a hasty move could have squandered trust. Shapiro said that once all sides, including Sunni Arab countries like Saudi Arabia and Jordan, are on the same page, then the embassy move would be prudent:

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Trump Says He’s Open to a One-State or Two-State Solution for Israel-Palestine https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-one-state-two-state-israel/ https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-one-state-two-state-israel/#respond Thu, 16 Feb 2017 15:03:08 +0000 https://lawstreetmedia.com/?p=58943

As long as there is a "great peace deal," he said.

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Image Courtesy of SarahTz; License: (CC BY 2.0)

Standing next to Prime Minister Benjamin Netanyahu of Israel on Wednesday afternoon, President Donald Trump said that Israel can expect strong support from the U.S., but also cautioned further settlement building in the West Bank, calling it an impediment to peace. But in stark contrast to the decades-long U.S. position on Israel and Palestine, Trump said he is open to a one-state or two-state solution to the conflict, as long as it’s one that “both parties like.”

The press conference, which preceded a closed-door meeting between Trump and Netanyahu, was a highly anticipated litmus test to see where Trump stood, not only on the two-state solution between Israelis and Palestinians, but also on other regional issues, like Iran’s nuclear program, and whether he would move the U.S. embassy currently in Tel Aviv to Jerusalem.

Trump’s ascendence to the presidency has been a hopeful development for Netanyahu, who had a fairly terse relationship with President Barack Obama. As Israel continues to construct settlements in the West Bank–Netanyahu recently approved an entirely new settlement for the first time in 25 years–many see the two-state solution, in which an Israeli and Palestinian state exist side-by-side, as the folly of a bygone era. Israeli lawmakers to the right of Netanyahu have been ramping up the pressure to annex the territory, which Israel has occupied since 1967, after it defeated Egypt, Jordan, and other Arab states in the Six Day War.

In his remarks on Wednesday, Netanyahu insisted his official stance on the conflict (he supports two states) “hasn’t changed.” But he did not explicitly express support for the idea. And neither did Trump. “I’m looking at two states and one state, and I like the one that both parties like,” Trump said, adding that the U.S. “will encourage a peace, and really a great peace deal,” regardless of what that deal ultimately looks like.

Trump did say continued settlement building is an obstacle to peace, which has been the mainstream U.S. position for decades. He told Netanyahu to “hold off on settlements for a little bit,” then, tilting his head to the right, looked at Netanyahu and said: “Both sides will have to make compromises. You know that, right?” Netanyahu chuckled and responded: “Both sides.” Netanyahu, in his comments, called on the Palestinians to hold up their end of the bargain. Trump stressed that in the end, a deal could only be struck directly by the two negotiating partners.

Netanyahu named two “prerequisites” for peace. “First, the Palestinians must recognize the Jewish State,” the prime minister said. “They have to stop calling for Israel’s destruction. They have to stop educating their people for Israel’s destruction.” Second, Netanyahu said, Israel must retain security control over the entire area west of the Jordan River, which includes Israel and the West Bank. Otherwise, he said, there will be “another radical Islamic terrorist state.”

Trump has recently embraced the so-called “outside-in” approach to solving the conflict. According to this strategy, Israel would forge deeper relationships with Sunni Arab states like Qatar, Egypt, and Jordan. Concentrating on common issues like trade, and common enemies like Iran and Islamic State, the Arab world would then come together to pressure the Palestinians to negotiate with the Israelis and, ideally, forge a state of their own. But this is still somewhat of a fringe idea, as many Arab states are experiencing crises of their own, and the Palestinian issue is hardly at the front of their agendas.

The two leaders discussed other pertinent issues as well. One reporter asked Trump about his plans to move the U.S. embassy from Tel Aviv to Jerusalem, which Israel claims as its capital and the Palestinians claim as the capital to any future state. Without much detail, Trump said he would “love to see that happen.” It is not clear if that sentiment is mutual in Israel, both among the populace and the government. Many Israelis see it as a move that can wait; it could incite Palestinian violence as well.

Toward the end of the press conference, an Israeli reporter asked Trump about the rising anti-Semitism in the U.S., and about the xenophobic elements of his campaign. Trump responded by gloating about his election victory: “Well, I just want to say that we are, you know, very honored by the victory that we had.” In response to the rise in anti-Semitic incidents since his election win, Trump pointed to his daughter Ivanka, who converted to Judaism, and his son-in-law Jared Kushner, who is an Orthodox Jew. “You’re going to see a lot of love. Okay? Thank you,” he said.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Representatives from Israeli Settlements Invited to Inauguration https://legacy.lawstreetmedia.com/blogs/world-blogs/israeli-settlements-inauguration/ https://legacy.lawstreetmedia.com/blogs/world-blogs/israeli-settlements-inauguration/#respond Thu, 19 Jan 2017 21:34:10 +0000 https://lawstreetmedia.com/?p=58274

Trump may give the settlement movement a big boost.

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Image Courtesy of Yair Aronshtam; License: (CC BY-SA 2.0)

For the first time, representatives from Israeli settlements in the West Bank will attend the inaugural ceremony of a U.S. president. According to one of the attendees, Oded Revivi, the invitations did not come from President-elect Donald Trump, but from a member of his “first circle.” Revivi, the mayor of the Efrat settlement just east of Jerusalem, will be joined by two other settlement mayors.

The settlements have been a lightning rod of controversy of late, and in inviting settlement representatives, Trump is signaling that his administration will take a different approach than U.S. presidents have over the past five decades. In an interview with The Associated Press, Revivi, who is also the chief foreign representative of the Yesha Council, which represents more than 120 settlements in the West Bank, acknowledged that times are changing.

“I definitely agree that we are now getting the VIP treatment, which is something that we have been working on for many years,” he said. “You could basically argue that it has taken 50 years, since 1967, to be recognized on such a level for such an event.” For decades, the international community, including the U.S., Israel’s most important partner, have condemned the settlements, which dot the West Bank and east Jerusalem.

Israel captured those territories from Jordan–and the Gaza Strip from Egypt–during the war of 1967. The rush of victory, coupled with security concerns after the 1973 Yom Kippur War, catalyzed settlement building. In December, the U.S. decided to abstain in a vote for a UN resolution that called the settlements a “flagrant violation” of international law.

President Barack Obama’s decision, and Secretary of State John Kerry’s subsequent speech, caused a stir, thrusting the Israel-Palestine issue to the forefront of the global conversation. Earlier this week, representatives from more than 70 countries, not including Israel or Palestine, met in Paris to reaffirm the international community’s belief in the two-state solution.

Change in the Israel-U.S. relationship might be on the horizon. Trump has voiced enthusiastic support for Israel, its Prime Minister Benjamin Netanyahu, and the settlement movement. Bankruptcy lawyer David Friedman, Trump’s choice for ambassador to Israel, has donated millions of dollars to the Beit El settlement. But as is the case with most things in the region, not everyone is happy to see change.

“By linking up with the settlers and the illegal settlements enterprise, Trump is placing the new American administration squarely outside the law and is encouraging Israeli lawlessness,” said Hanan Ashrawi, a Palestinian official. “He is destroying the chances of peace and preparing for further conflict and instability and violence.”

Palestinians say the main obstacle to striking a two-state deal is the settlement issue; Israelis say Palestinian car and knife attacks–which were especially frequent last summer–and weak Palestinian leadership are stymying peace.

Yesha, the umbrella group that Revivi represents, opposes an autonomous Palestinian state alongside Israel; the group also does not advocate for a single, bi-national state. Revivi, without offering specifics, said he would like to improve the lives of the Palestinians living in the West Bank (over two million) without giving them full citizenship. Critics say that Israel cannot be both Jewish and democratic if it annexes the disputed territories.

Today, there are roughly 400,000 settlers sprinkled across the West Bank; there are about 200,000 in east Jerusalem, a sector of the holy city that contains the holiest site in Judaism. Given the settlers’ burgeoning friendship with Trump, these numbers could grow in the coming years.

For Revivi, the invitation to Trump’s inauguration certainly represents a new direction for the much-maligned settlement movement: “Inviting us over to his ceremony is an indication that the relationship is going to be different,” he said. “When you have a dialogue, when you have a tight relationship, the sky is the limit.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Angering Israel and its Allies, UNESCO Passes Jerusalem Resolution https://legacy.lawstreetmedia.com/blogs/world-blogs/unesco-passes-temple-mount-resolution/ https://legacy.lawstreetmedia.com/blogs/world-blogs/unesco-passes-temple-mount-resolution/#respond Wed, 26 Oct 2016 21:05:15 +0000 http://lawstreetmedia.com/?p=56448

The resolution refers to the Old City only by its Arabic name.

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"Dome of the Rock, Jerusalem, Israel" courtesy of yeowatzup; License: (CC BY 2.0)

To Jews, the Temple Mount is home to the remains of two temples, both destroyed by occupying powers millennia ago. To Muslims, the Dome of the Rock is where Muhammad ascended to heaven. And to Christians, the Church of the Holy Sepulchre is where Jesus was crucified and later resurrected.

On Wednesday, UNESCO’s World Heritage Committee passed a resolution to designate the area, walled off atop a hill in the Old City in east Jerusalem, as a world heritage site. But the language used–and omitted–in the resolution enraged Israel, the United States, and others in the international community who view the resolution’s mention of the site only by its Arabic name, al-Haram al-Sharif as offensive. The document also strongly condemns Israel’s role in the Israel-Palestine conflict.

The historical and cultural treasure chest is among the holiest sites in all three Abrahamic faiths: the holiest for Jews and Christians, and trailing just Mecca and Medina in Saudi Arabia, the third holiest for Muslims.

“What needs to be understood, and it will take time, is that this absurdity, which harms not only the historical truth and the truth of the present, but also harms in my opinion the U.N. itself,” said Israeli Prime Minister Benjamin Netanyahu.

Following the submission of the resolution a few weeks go, Israel severed its ties to UNESCO, and on Wednesday, Netanyahu declared he will recall Israel’s ambassador to UNESCO. Though 58 countries are members of the cultural body’s executive board, only 21 are part of its World Heritage Committee. Neither Israel, the United States, nor Palestine is a member of that committee. Ten members voted for the resolution, two voted against it, eight abstained, and one was absent.

Crystal Nix Hines, the U.S. representative of UNESCO, called the resolution “continuously one-sided and inflammatory,” with the potential of “damaging the credibility of UNESCO.”

The document is one-sided in more ways than simple semantics. For one, the resolution is titled “Occupied Palestine,” and was submitted by Algeria, Egypt, Lebanon, Morocco, Oman, Qatar, and Sudan. The language throughout the document refers to Israel as the “occupying Power,” consistently highlighting the “deplorable” behavior of Israel in its conflict with Palestine, while ignoring any of Israel’s concerns.

The site sits in the contentious Old City of east Jerusalem, which Israel annexed in the 1967 Mideast War, although the international community does not recognize that move. Sitting on the hinge of the West Bank and Israel, both Palestine and Israel consider east Jerusalem their capital.

Irina Bokova, UNESCO’s director-general who was not directly involved in the drafting or passing of the contentious resolution, offered an all-inclusive statement on Wednesday. “Nowhere more than in Jerusalem do Jewish, Christian, and Muslim heritage and traditions share space and interweave to the point that they support each other,” she said, expressing hope that the world heritage designation could “bridge the divisions that harm the multi-faith character of the Old City.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Born in Israel? Not on Your American Passport https://legacy.lawstreetmedia.com/blogs/law/born-in-israel-not-on-your-passport/ https://legacy.lawstreetmedia.com/blogs/law/born-in-israel-not-on-your-passport/#respond Fri, 12 Jun 2015 19:22:05 +0000 http://lawstreetmedia.wpengine.com/?p=42785

A win for the executive branch over congress in this battle over sovereignty.

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Image courtesy of [Kat via Flickr]

After 13 years, the Supreme Court has reversed a controversial law passed by Congress back in 2002.  The issue with the law is that it gave American citizens born in Jerusalem the option to list Israel as their official country of birth on their American passports and birth certificates. Seeing that the recognition of foreign nations is entirely a political policy condition, the Supreme Court has decided that Congress should never have had the authority to make a law of recognition as they did in 2002 and therefore have struck it down, leaving powers of recognition to the president.

The outdated law previously stipulated that:

For purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel.

The law reversal stems from the prominent Zivotofsky v. Kerry case. More than a decade ago, the Zivotofsky family filed suit against the ­­­­­­State Department after they were denied the option to list Jerusalem, Israel as the place of birth for their newborn son.

While under the separation of powers Congress does indeed play a vital component in making laws, major decisions on  nation recognition has historically been left to the Executive branch. Looking back at  precedent, it should be noted that the Supreme Court has allocated the power and exclusivity of recognizing a nation as being a privilege exclusively for the President.

The president has taken those absolute measures as a result of Congress accepting the recognition of power as exclusive of his office, and at times even defending the President’s constitutional prerogative. Additionally, the Executive branch often has access to confidential information that the legislative branch does not.

Foreign sovereignty expert Juan Basombrio, who is the Co-Chair of Dorsey & Whitney’s International Law Group, commented on the Supreme Court’s decision in a press release saying:

Expressly recognizing that the status of Jerusalem is ‘a delicate subject,’ the Supreme Court has relied on Separation of Powers principles to strike-down a United States statute, enacted by Congress in 2002, which conflicted with State Department policy.  The Supreme Court has held that the question of who has sovereignty over Jerusalem must not be decided by the Congress or the Courts, but is within the purview of the Executive Branch, which has indicated that this is a matter to be resolved ‘not unilaterally but in consultation with all concerned.’  Today’s decision confirms former President George W. Bush’s statement, at the time of enactment of the referenced statute, that ‘U.S. policy regarding Jerusalem has not changed.’

Monday’s decision marks the end of an era of uncertainty over the loophole in the conflicting law that enabled American citizens born abroad to claim Israel as their country of identity. Basombrio makes a valid claim as he states that the decision should not involve American courts or Congress, granted that there are other political actors and nations involved; therefore the argument and decision should always remain with the Executive branch.

This decision is important because it demonstrates to the citizens of Jerusalem, as well as the rest of the world, that the U.S. will not be dragged into the identity crisis. Whereas the U.S. is often known for mediating terms between other nations, this time that is not the case. In reversing a 13-year clause, the Supreme Court has sent a message to Israel that the U.S. has no interest in intervening until the nations involved in the identity dispute resolve their issue.

Symon Rowlands
Symon Rowlands is a member of the University of Miami Class of 2016 and was a Law Street Media Fellow during the Summer of 2015. Symon now blogs for Law Street, focusing mostly on politics. Contact Symon at staff@LawStreetMedia.com.

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Political Graffiti as a Catalyst for Escalating Israeli-Palestinian Violence https://legacy.lawstreetmedia.com/blogs/culture-blog/political-graffiti-catalyst-escalating-israeli-palestinian-violence/ https://legacy.lawstreetmedia.com/blogs/culture-blog/political-graffiti-catalyst-escalating-israeli-palestinian-violence/#comments Tue, 15 Jul 2014 10:30:06 +0000 http://lawstreetmedia.wpengine.com/?p=20427

It is important to differentiate the two strains of political graffiti: while graffiti can promote equality and liberty, it can also counter these values. Price Tag is a plague of hate, radicalized by twisted Zionism, and ruthless settler politics. “Faithless Jews who don’t fear God can call me a terrorist if they want,” said Price Tagger Moriah Goldberg. "I don’t care what they say about me. I only care what God thinks. I act for him and him alone.”

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Violence between Israel and Palestine has surged over the last month following a chain of antagonistic murders in East Jerusalem and the West Bank. On June 12, three Israeli students— Eyal Yifrah, Gilad Shaar, and Naftali Frenkel— were killed. Their bound and partially burned bodies were found in a field northwest of Hebron two weeks later. In retaliation, a 16-year-old Palestinian boy, Muhammed Abu Khdeir, was abducted, bound, and burned alive one day after the burial of the three Israeli students. Khdeir’s cousin, 15-year-old Tariq Abu Khdeir, a Palestinian-American vacationing in East Jerusalem was arrested by Israeli police and beaten while in custody; videos of the boy’s bloody face circulating in social media have only magnified the emotional force behind the escalating tensions between the two countries, engendering missile exchanges between Israel and the Hamas-controlled Gaza Strip. On Monday July 7, Israel authorized the mobilization of 40,000 reserve soldiers in preparation for an invasion of Gaza, which according to Israeli Defense Minister Moshe Ya’alon “will not end within a few days.”

Amid the gruesome murders and savage beatings should it be surprising that graffiti has played a critical role in the escalating violence between Israel and Palestine? Since 2008, Price Tag attacks have been a growing phenomena in Israel, though primarily in the West Bank and East Jerusalem; they originated from the “Hilltop Youth” of the West Bank, illegal Israeli settlements on Palestinian land — 100 small outposts scattered on strategic hilltops. “A ‘price tag’ means that when the government of Israel decides to evict a settlement, an outpost, even the smallest wooden shack in the land of Israel — it has a price,” according to Moriah Goldberg, a 20-year-old Price Tagger. “Maybe it will make them think twice before they do it again.”

Attacks involve destruction of property perpetrated by Israeli extremists against Arabs —desecrating cemeteries, burning Korans, chopping down olive trees — as well as anti-Arab and anti-Christian defamatory graffiti slogans including the phrase “Price Tag.” “Price tag, King David is for the Jews, Jesus is garbage;” “Jesus is a son of bitch,” spray painted on the entrance of a church; “A good Arab is a dead Arab, Price Tag,” spray painted on a mosque; “Death to Arabs;”  “Enough Assimilation,” “Arab Labor = assimilation;” “Non-Jews in the area = enemies.”

Recently, however, Price Tag attacks have increased in frequency and grown more violent. Attacks have surged from a handful in 2008 to 23 already in 2014; along with slashing tires, Price Tag attackers have firebombed empty vehicles, leaving their signature graffiti marks in the wake of their destruction. In response to the arrest of Israeli suspects for the murder of Abu Khdeir, Price Taggers destroyed a light-rail station in East Jerusalem, leaving Hebrew graffiti reading”Death to Israel” across the burned-out edifice. Price Tag is a “shadowy network of clandestine cells,” according to a recent profile of the guerrilla graffiti group in Foreign Policy, posing a “danger to Israeli security. Future acts of vandalism against Palestinians could escalate tension beyond their current, already dangers levels.”

In 2012, the U.S. State Department began listing Price Tag attacks as acts of terrorism in the Global Terror Report, though Israel falls short of this judgement; on July 1, Israeli Defense Minister Ya’alon defined the attacks a “illegal organizing,” stipulating more severe sentences for the Jewish perpetrators. “[T]errorism is a suicide bomber in a crowded mall or someone who shoots people,” said Dani Dayan, the former director of the Yesha Council, an umbrella organization of municipal councils of Jewish settlements. Price Tag attacks should be treated as “extreme vandalism” or even “hate crime…There’s no comparison between this and real Palestinian terrorism[.]”

Whether or not Israel defines Price Tag as ‘terroristic,’ victims still consider the attacks state-condoned violence against non-Jews due to Israel’s apparent failure to prosecute. Historically, more than 90 percent of investigations into settler violence fail to lead to an indictment. According to Slate, while Israel has condemned the recent rise in Price Tag attacks, the response by authorities has been “charitably described as sluggish.” Between 2005 and 2013, 992 investigations of complaints of Israeli violence against Palestinians were conducted, yet only 7.8 percent led to indictments.

There have been quite a few arrests of Price Tag attackers, in fact; the most recent was July 1, when a 22-year-old Israeli was detained in connection with a Price Tag attack in which assailants torched a christian monastery, spray painting “Jesus is a monkey.” “It is unbelievable to us that Israel can catch enemies, very sophisticated enemies, overseas, but they can’t catch a bunch of punks who live here,” said Jawdat Ibrahim, the owner of a local restaurant. “These attacks happen in an atmosphere, maybe an atmosphere that says, ‘Hey, it’s okay, you’re never gonna get caught.’ ” In a poll released last week by Israel’s Channel 10 News, almost 60 percent of those surveyed agreed that the government “didn’t really want to catch” Price Tag attackers, indicating that Israel condones this violence, or at least allows it to happen.

“There’s no doubt that the Price Tag phenomenon is very influenced by political processes,” said Hebrew University political sociology lecturer Eitan Alum. “They’re violent acts with logical and political goals.” Yet Price Tag is is also an expression of hate, inciting violence among and between Palestinian and Israeli communities.

“‘Price Tag’ and ‘Hilltop Youth’ are sweet, sugary nicknames, and the time has come to call this monster by its name,” famed Israeli author Amos Oz publicly declared on May 14th, 2014, his 75th birthday. “Hebrew neo-Nazis. The only difference between European neo-Nazi groups and Price Tag in Israel,” Oz continued, “lies in the fact that our neo-Nazi groups enjoy the tailwind of quite a few lawmakers who are nationalists, and possibly even racists, and also a number of rabbis who provide them with a basis that, in my opinion, is pseudo-religious.”

Oz’s sobering, if however startling, remarks point to pressing issues regarding the difference between Price Tag and other instances of political graffiti, globally. While graffiti artists like Ganzeer in Egypt, and Captain Borderline in Brazil have used their graffiti to critique oppressive government apparatuses, Price Tag specifically targets elements of the Israeli people based on race, ethnicity, and religion; the group’s intent is malicious, a vindictive visual assault on non-Jews who are otherwise victims of an apartheid Israel, or are continually subject to military violence, as is the case in Gaza.

It is important to differentiate these two strains of political graffiti: while graffiti can promote equality and liberty, it can also counter these values. Once a haven for the oppressed, founded on socialist values, Israel has become an oppressor. Price Tag is a plague of hate, radicalized by twisted Zionism, and ruthless settler politics. “Faithless Jews who don’t fear God can call me a terrorist if they want,” said Price Tagger Moriah Goldberg. “I don’t care what they say about me. I only care what God thinks. I act for him and him alone.”

Ryan D. Purcell (@RyanDPurcell) holds an MA in American History from Rutgers University where he explored the intersection between hip hop graffiti writers and art collectives on the Lower East Side. His research is based on experience working with the Newark Public Arts Project and from tagging independently throughout New Jersey and New York.

Featured image courtesy of [Adrian Fine via Flickr]

Ryan Purcell
Ryan D. Purcell holds an MA in American History from Rutgers University where he explored the intersection between hip hop graffiti writers and art collectives on the Lower East Side. His research is based on experience working with the Newark Public Arts Project and from tagging independently throughout New Jersey and New York. Contact Ryan at staff@LawStreetMedia.com.

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Cantor Defeated in Primary, Israel Will Be Just Fine https://legacy.lawstreetmedia.com/blogs/cantor-defeated-primary-israel-will-just-fine/ https://legacy.lawstreetmedia.com/blogs/cantor-defeated-primary-israel-will-just-fine/#comments Thu, 12 Jun 2014 18:10:39 +0000 http://lawstreetmedia.wpengine.com/?p=17262

Virginia Congressman Eric Cantor is the last Jewish Republican in Congress, but he was just beaten in the primary by Tea Party candidate Dave Brat. As a result, some Jews (and some Goys) have been schvitzing over the lack of Jewish representation in the GOP. Minority representation in the Republican party is one concern, regardless […]

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Virginia Congressman Eric Cantor is the last Jewish Republican in Congress, but he was just beaten in the primary by Tea Party candidate Dave Brat. As a result, some Jews (and some Goys) have been schvitzing over the lack of Jewish representation in the GOP. Minority representation in the Republican party is one concern, regardless of how disingenuous that concern is among Republicans. Another concern that carries some actual weight in the GOP is that American relations with Israel could be strained. The discussion is posed as though Cantor himself is some sort firewall between American support of and disregard for Israel. While I am Jewish and I do care about Israel, I know that Jerusalem isn’t going to be affected by Cantor being gone. At all.

First, the Republican party is going to be just as pro-Israel as it was before. According to the Pew Research Center, 68 percent of Republicans already sympathize more with Israel than with Palestine. Among conservative Republicans, the statistic is even higher at 75 percent. Only seven percent of the GOP would support Palestine over Israel, while the rest said “neither” (nine percent) or “both” (16 percent). Republicans have their reasons for supporting Israel. Well, they have the one reason: the Muslim Middle East is still a bad thing in the eyes of Republicans; as recently as the last midterm election, Pew revealed how Republicans were one of three main groups to view Islam “unfavorably.” The other two groups were the elderly and less-educated people.

It’s not like the GOP is trying to support a demographic in their constituent base. Again, a Pew study shows the political leanings of different Jewish denominations. Only Orthodox Jews have a majority that identifies with the Republican party. All others identify as or at least lean Democratic: Conservative Jews at 64 percent, Reform Jews at 77 percent, and no denomination at 75 percent. On the whole, 70 percent of Jews favor Democrats. Republicans will continue to support Israel fiercely, not because Jews support the GOP, but because of the state’s position as a counterweight against the Muslim Middle East.

When considering the president’s stance, it’s even more evident that Israel’s fate won’t be affected by Cantor’s defeat. In a piece from Bloomberg, Jeffery Goldberg writes about an interview he conducted with Obama. ” Obama will warn Netanyahu that time is running out for Israel as a Jewish-majority democracy…Obama was blunter about Israel’s future than I’ve ever heard him.” The president’s policies on Israeli-relations, as detailed by Goldberg, seem to be some of his strongest and most balanced policies ever. Obama is quoted saying, “I’ve said directly to Prime Minister Netanyahu he has an opportunity to solidify, to lock in, a democratic, Jewish state of Israel that is at peace with its neighbors and…has an opportunity also to take advantage of a potential realignment of interests in the region, as many of the Arab countries see a common threat in Iran.” It’s a mitzvah we have someone in office who can deal with the complexities of an alliance, and not be sorry about being straight with our friends.

Constructively criticizing one another is an essential part of friendship. And what does pro-Israel mean, anyway? In the long run, would the state be better off struggling with its own Arab citizens and belligerent neighbors? Or, isn’t it more likely that Israel’s future will be secure if Jerusalem negotiates with Palestinians? The difference between being a mensch and a shmendrick here isn’t about dogmatism and hostility toward Palestine. Being powerful and pro-Israel means looking down the road and understanding that a peaceful compromise is the greatest possible outcome. It would be enough if we had a president who even acknowledged this, but Obama and Kerry have been actively seeking this goal, too. Dayenu, am I right?

With Cantor gone, no, there won’t be any Congressional Republican Jews. But between the conservative funding of everyone’s least favorite chosen person Sheldon Adelson,a Republican party that’s consistently defensive of Israel, and a president who may be taking the most level-headed approach to the matter in U.S. history, our relationship with Jerusalem will remain solid. We’ll remain the shmeer to their bagel, they the capers to our lox. Still, it’s amazing to me that people care so much about the lack of Jews in the Republican party when it seems as though the Republican party cares so little about Jews. The conservative pro-Israel stance is based on defining Jews against the rest of the Middle East. Should I kvetch that American political parties actually bring Jews into the national conversation? Maybe not. But it may be less insulting to ignore Jews than to use us as a means to end. 

Jake Ephros (@JakeEphros)

Featured image courtesy of [Mass Communication Specialist 3rd Class Kevin J. Steinberg via Wikipedia]

Jake Ephros
Jake Ephros is a native of Montclair, New Jersey where he volunteered for political campaigns from a young age. He studies Political Science, Economics, and Philosophy at American University and looks forward to a career built around political activism, through journalism, organizing, or the government. Contact Jake at staff@LawStreetMedia.com.

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