Tensions continue to mount between Israel’s Shin Bet domestic security agency and the country’s other two intelligence services, the Mossad foreign intelligence agency and the military intelligence directorate of the Israel Defense Forces. So reports military correspondent Amir Rapoport in the Friday edition of the center-right daily Maariv.
It’s a messy tangle, even by the byzantine standards of Israeli security politics. In part it reflects Israel’s uncertain status in Gaza, having withdrawn its troops from the territory without ever handing over the keys to any other recognized sovereign. Partly, too, it’s the latest battleground in the Likud’s continuing effort to move Israel’s intelligence agencies to the right.
The details: The Shin Bet and military intelligence have been sharply at odds since last summer over the still-unresolved question of whether the Hamas leadership in Gaza intended to instigate the summer war with Israel, as the Shin Bet claims, or the two sides stumbled into an unintended war through a series of misunderstandings, as military intelligence maintains (and as I wrote in July). The disagreement reportedly erupted into a shouting match at a Cabinet meeting shortly after the August cease-fire and has yet to be resolved.
Now, Rapoport, writes, there’s a growing dispute between the Shin Bet and the Mossad over responsibility for intelligence gather in Gaza. Under Israeli law the Shin Bet is responsible for intelligence gathering and interdiction against terrorism within Israel and territories under its control, while the Mossad is responsible for intelligence and interdiction in foreign countries.
Gaza is a gray area. Israel withdrew its troops and civilian settlements from the territory in 2005 but didn’t hand it over to a foreign sovereignty. Israel maintains in public statements that it’s no longer responsible for Gaza, but most of the international community doesn’t recognize the abdication, nor is any such decision known to have been taken formally by any Israel legal body.
It’s against that legal background that the Mossad-Shin Bet dispute arises. The Shin Bet has continued operating in Gaza uninterrupted. According to Rapoport, it was decided (he doesn’t say by whom) after the withdrawal to leave the territory under the aegis of the Shin Bet “in light of the close connection between what happens in the Gaza Strip and the territories of Judea and Samaria, which are under Israeli control and within the operational responsibility of the Shin Bet.”
In a potentially explosive report, veteran Yediot Ahronot defense commentator Ron Ben-Yishai writes on Ynet that Israel is headed toward a new confrontation with the United States and its allies in the wake of this summer’s Operation Protective Edge. The Americans and Europeans insist that Israel must strive for a two-state solution with the Palestinians, arguing that it’s unacceptable for Israel to wreak destruction on Gaza every few years, leaving them to pay for its repeated reconstruction. They also claim that renewing Israeli-Palestinian peace talks will help them to mobilize the Arab world to join the fight against ISIS and other extremist groups, Ben-Yishai writes.
Israel, Ben-Yishai writes, is reaching the opposite conclusion. In what he calls “a dramatic reversal,” Israeli officials say that at a time of extreme instability in the Middle East, it would be suicidal for Israel to consider allowing full sovereignty in most of Judea and Samaria, even if the territory is demilitarized. Even renewing negotiations over a peace agreement is unacceptable, the Israeli officials say, because such talks would lead to deadlock, frustration and unrest on the Palestinian street. Moreover, Israeli officials express doubt that the moderate Arab states need “an incentive” on the Palestinian front to motivate them to fight the jihadists, who threaten their own regimes.
Ben-Yishai writes that Israel now seeks to “manage” the conflict with the Palestinians rather than try to “solve” it. Toward the goal of maintaining calm in Gaza as well as the West Bank, he writes,
Israel is even willing to pay a serious price for this to happen and thus — without much fanfare –— Israel waived its objection to internal Palestinian reconciliation and the formation of the Palestinian unity government between the Palestinian Authority and Hamas.
Israel will also work to improve economic conditions in the West Bank and Gaza and ease restrictions on movement between the two territories, Ben-Yishai writes. In fact:
Israeli news media are reporting a growing tension between the country’s political and military leaders over how far to pursue the campaign in Gaza. On Tuesday morning a “senior military officer” held an off-the-record briefing for a group of reporters (reports in Ynet, Walla) and lodged what the reporters termed “veiled criticism” of the political leadership, charging it with indecision. The officer said the army had completed the tasks assigned to it and that the political echelon now had to decide whether to go deeper into Gaza or to begin withdrawing.
On Wednesday an unidentified cabinet minister fired back at the army, saying that the cabinet had approved every suggestion the army had made. The minister was quoted saying “it was the army that maneuvered us into the situation we’re in now.”
The problem seems to be that the cabinet is deadlocked between pro-cease-fire and smash-Hamas factions, and the IDF is losing patience with the government’s inability to give it clear instructions. It’s a mark of how clueless the ministers are that one of them — evidently from the hard-line faction — can say with a straight face that it’s up to the army to come up with Israel’s goals. After all, we’ve approved everything they’ve asked for. What do they want from us, a policy? C’mon — this is Israel.
The background to the dispute is a complex dilemma that faces Israel right now, which reporters have taken to routinely calling the “plonter” or tangled mess. That may be the name by which this operation is remembered.
Further complicating matters, the pro-cease-fire faction, which reportedly includes Prime Minister Netanyahu, is hobbled by the fact that Israel is nowhere near getting a cease-fire on terms acceptable to it. Israel wants a cease-fire that permits it to continue demolishing the tunnels and further leads to a demilitarization of Gaza. Hamas has flatly rejected disarming.
Anyway, getting a cease-fire requires getting Hamas to stop firing its rockets, but Hamas refuses to agree unless it is brought formally into the negotiating process and asked directly. By that it hopes to gain a degree of international recognition and legitimacy that neither Israel nor Egypt is willing to grant it. Egypt currently envisions Hamas as participating in a Palestinian delegation that is headed by and formally represents the Palestinian Authority. Hamas is angling for its own separate delegation.
The problem of getting Hamas to buy into a cease-fire negotiation seems to have been at the heart of John Kerry’s dustup with the Israeli cabinet last weekend. Kerry was trying to get around the problem of getting Hamas’s consent without engaging it directly by talking to Qatar and Turkey, who speak for Hamas.
Nahum Barnea, commonly described as Israel’s most respected political journalist, has spent much of the past two weeks with the troops in Gaza and talking to general command in Tel Aviv. His weekly column in today’s Yediot Ahronot weekend supplement, which I have translated below, happens to say some of the things I’ve been writing over the past few weeks, so a bit of what you’ll read might sound familiar. But his sources are better than mine, better than anyone’s in fact, and he brings you up to date.
But the third section of his column is something new: He says Israeli Prime Minister Netanyahu has known for a long time about the network of tunnels under Gaza and the threat they pose, but he punted because he had other things on his agenda. Now he’s shocked — shocked! — to find there are networks of tunnels under Gaza!
The first section of Barnea’s column echoes my most recent column about Israel’s search for an elusive exit strategy. His second section recapitulates, in telegraphic form, a part of the chain of misadventures leading to unintended war that I described a few weeks ago (“How Politics and Lies Triggered an Unintended War in Gaza”). He doesn’t address the early events described in my article — the government putting out misleading messages about “operating under the assumption that the boys are alive” when it was pretty clear they were dead and placing the gag order over the evidence — because it’s ancient history and pretty much common knowledge among those who follow the news in Israel. (For those still wondering about my sources on that, I can cite a few of the early reports that said the same thing, here, here, here and, regarding the Hebron branch of Hamas acting as a rogue player, here.)
Anyway, Barnea is already moving on to the latest — um, questionable assertion, namely that Israel was surprised (find the claim here and here) by the tunnels, or the extent of the tunnels, and therefore had to ratchet up its Protective Edge campaign unexpectedly at the last minute. Barnea argues, in the third section of this article, that the government had a very clear picture of the tunnels and their extent a long time ago but decided not to act on them because it had other things on its plate. He’s pretty scathing about the current “gap between rhetoric and reality,” as he puts it. Worth a read.
Elsewhere in the Friday supplement, Yediot’s indispensable military analyst Alex Fishman writes that the army began facing the Gaza tunnel problem as early as 2001, and the government’s failure to act on them was the topic of a report by the government comptroller in 2007. I’ll try to translate Fishman’s report in a later blog post. Other sources report that pressure is already building in Israel (see here and here, for example) for a postwar commmission of inquiry into the failure to act earlier on the tunnels.
Barnea concludes, as I did this week, with the argument that Protective Edge strengthens rather than weakens the argument for a peace agreement with the Palestinian Authority. Unlike me, he sees signs that Netanyahu is thinking the same thing.
Here’s Barnea, starting with the exit-strategy question:
How Do We Get Out of This
The cabinet [i.e. the 8-member security cabinet], which convened Wednesday for one of its nighttime discussions, was waiting for the utterances of one man, Khaled Meshaal. Meshaal, the head of the political bureau of Hamas, upgraded his position this week. The fate of the cease-fire that so many players are hoping for is in his hands. John Kerry, the foreign minister of the world’s mightiest superpower, used his connections in Qatar to placate him; Kerry believed he was doing this on behalf of the Israeli government and with its blessing. Abu Mazen tried. Turkey tried.
Mark your calendars: It was on Sunday, July 20, that the momentum turned against Israel. Sometime around noon the wind shifted and the tide began to roll out, and Israel started to lose international sympathy for its Operation Protective Edge in Gaza.
Up until Sunday morning Israel had a pretty clear field, owing to a combination of factors. For one thing, the optics. As long as Israel was responding to Hamas rockets with air strikes against Hamas targets, it looked to most observers like a fair fight. Israel’s opponents claimed there was no equivalence given the lopsided death toll. Israel’s supporters claimed the opposite: there was no equivalence because Hamas was aiming at civilians, while Israel was just trying to stop the rockets. In practice, it was a wash.
Even after Israel’s ground troops entered Gaza on Thursday night, July 17, the action looked reasonably measured to most outsiders. Hamas’ network of cross-border tunnels had ceased to be a theoretical problem that morning, when a squad of terrorists emerged on the Israeli side, prepared to attack a kibbutz. Israel sent in troops for what was announced as a limited operation along the border fence to destroy the tunnels. There were no international complaints. Lots of noisy street demonstrations, but hardly a peep from the world’s governments.
It didn’t hurt Israel’s case that the same Thursday saw 298 passengers killed when a Malaysian Airlines passenger was jet shot down over Ukraine, apparently by pro-Russian rebels, and 270 Syrians — soldiers, security guards and civilians — murdered execution-style by ISIS militants who had taken over a natural gas field. Gaza was just one of the world’s killing fields as the weekend approached.
Most important, Israel was facing an enemy, Hamas, that was almost universally despised. Egypt, always central to Israel-Hamas mediation, had been pouring contempt on Hamas throughout the crisis. Palestinian Authority leader Mahmoud Abbas had loudly condemned attacks on Israel during the crisis, once at a June 18 meeting of Islamic foreign ministers in Saudi Arabia and again when Hamas started bombarding Israel. When Egypt’s July 14 cease-fire proposal was accepted by Israel and rejected by Hamas, the Islamist organization’s support was reduced to rogue-state Iran, Islamist Turkey and the emirate of Qatar.
Qatar launched its own cease-fire initiative, which included the preconditions Hamas had demanded — freeing prisoners, opening borders, putting the Gaza-Egypt border under international supervision — but nobody endorsed it. The Arab League, led by Saudi Arabia, lined up formally behind Egypt — and by implication, Israel. The Jewish state had never had more sympathy in the Arab world for its defense needs.
What happened next was something that’s happened over and over in Israel’s military operations in recent years: The government overestimated the depth of its international support and decided to broaden the scope of the operation. On Saturday night the ground campaign was expanded beyond the surgical operation that had been promised against tunnels near the fence. It became a major assault on a densely populated neighborhood of Gaza City, Sheja’iya. The neighborhood houses some of Hamas’ tunnel entries and rocket launchers. It also houses tens of thousands of civilian families.
By evening the shelling and ground fighting had killed more than 80 Palestinians, including an estimated 60 civilians. The expanded fighting also began taking a serious toll on the Israeli side: 13 soldiers killed.
Avigdor Liberman at Likud-Beiteinu campaign rally, December 2012 / Getty Images
Israeli Foreign Avigdor Liberman announced today that he was pulling his Yisrael Beiteinu party out of its electoral alliance with Benjamin Netanyahu’s Likud. The two combined forces in a joint electoral slate in advance of last year’s Knesset elections, but never merged the two parties into a single organization.
Liberman isn’t taking his party out of Netanyahu’s governing coalition, he told a press conference this morning. Nor is he quitting his job as foreign minister. Still, the split of the erstwhile Likud-Beiteinu alliance into two separate Knesset caucuses leaves Netanyahu in a precarious position, commanding just 20 lawmakers in his 68-member coalition.
Liberman’s split with Netanyahu comes after days of increasingly harsh squabbling over policy toward Hamas. Liberman has repeatedly called for the government to step up its attacks on Hamas, including a reoccupation of Gaza on the scale of Operaiton Defensive Shield in 2002. On Saturday, appearing in the southern city of Sderot, he slammed as “unthinkable” and “a serious mistake” Netanyahu’s offer to Hamas of a restored cease-fire, or “quiet in return for quiet.”
The dispute reached a climax at the weekly Sunday cabinet meeting, where Netanyahu and Liberman traded insults while ministers on the right lined up with Liberman and Netanyahu’s strongest support came from his usual critics to his left, including Yair Lapid, Tzipi Livni and environment minister (and onetime Labor Party chief) Amir Peretz.
Netanyahu now heads a coalition of five parties in which his own Likud, nominally the governing party, holds a plurality only by the narrowest margin. Of the coalition’s 68 lawmakers (in the 120-member Knesset), 20 belong to the Likud, 19 to finance minister Yair Lapid’s Yesh Atid, 12 to economy minister Naftali Bennett’s Jewish Home, 11 to Liberman’s Yisrael Beiteinu and 6 to justice minister Tzipi Livni’s Hatnuah.
Palestinians in Gaza City on Wednesday celebrating Hamas-Fatah unity pact. / Getty Images
Old Jewish joke: The beggar of Chelm goes to the rabbi’s house and pleads in a most pitiful tone: “Please rabbi, I haven’t eaten in days. Won’t you please give me a ruble to buy some food?”
The rabbi is touched and gives the beggar a ruble.
An hour later the rabbi is walking downtown when he sees the beggar sitting in a café, eating a thick slice of cake. Incensed, he rushes across the square and accosts the beggar: “Scoundrel! I gave you a ruble to buy food because you were in need, and now I see you’ve wasted it on cake. How dare you?!”
“Excuse me,” the beggar replies indignantly. “Yesterday I had no money and I couldn’t eat cake. Today I have money and you say I shouldn’t eat cake. Tell me, rabbi, when can I eat cake?”
So it is with Hamas, Fatah and Israeli-Palestinian peace negotiations. Last week there was no point in Israel closing a deal with the Fatah-led Palestinian Authority because it could only speak for the West Bank half of the Palestinians, given that Gaza is controlled by Hamas. Today there’s no point in closing a deal because the Palestinian Authority is finalizing an agreement for joint rule with Hamas, which will put it in partnership with a terrorist organization sworn to Israel’s destruction. So tell me, rabbi, when will there be a point in closing a deal?
Conventional wisdom offers two possible answers to the question. One is that the economic blockade of Gaza is intended to weaken and eventually topple the Hamas government so that the Fatah-led Palestinian Authority can regain full control. That would allow it to speak for all Palestinians and become a viable negotiating partner—assuming, that is, that you believe Fatah could ever be a viable negotiating partner.
Hamas fighters testing a Gaza-made M-75 long-range missile, November 2013 / Getty Images
Maariv’s Eli Bardenstein offered a stunningly clear and disturbing report (in Hebrew, my translation below) on Friday that illustrates the vexing complications introduced into the triangular Jerusalem-Cairo-Gaza relationship by political turmoil in all three places. It makes a very useful companion piece to today’s front-page New York Times report by Jodi Rudoren on Israeli jitters over instability on its eastern front.
In both cases, as Bardenstein notes and Rudoren sort of hints, the Netanyahu government is ignoring the intelligence supplied by its own security establishment, which shows jihadi organizations making life difficult for both Hezbollah in the north and Hamas in the south. The jihadis are creating turmoil, launching pinprick attacks on Israel that violate cease-fire agreements between Israel and Hezbollah and Hamas respectively. Hamas and Hezbollah are both besieged — Hamas by the new, anti-Islamist Egyptian military government, Hezbollah by jihadi spillover from the Syrian civil war (as well as political blowback from the Rafiq Hariri murder trial now underway in The Hague) — and are finding it increasingly difficult to enforce their respective cease-fires with Israel. Israel — meaning principally defense minister Moshe Yaalon — chooses to ignore the intelligence, blame Hamas and Hezbollah and launch military responses that only further weaken Hamas and Hezbollah and strengthen the jihadis.
I’ve translated Bardenstein’s piece below, but here’s the gist: Israel is alarmed at the unraveling of the November 2012 Pillar of Defense cease-fire “understandings” and the increasing rocket fire from Gaza — 17 rockets fired in January alone as of Friday (and more since then). It wants Egypt, which acts as mediator between Israel and Hamas, to pressure Hamas to stop the rocket fire. But Egypt has lost influence over Hamas since the military deposed the Muslim Brotherhood government of Mohamed Morsi last July. The military government’s approach is not to work with Hamas as Morsi did but to crack down on it.
Hamas, in turn, complains that the Egyptian crackdown — particularly the mass destruction of smuggling tunnels, which squeezes the Gaza economy — weakens Hamas rule and reduces its ability to control the jihadi organizations that are doing the firing. And both Cairo and Hamas complain that Israel has been making the situation worse by Defense Minister Moshe Yaalon’s insistence on responding to every single rocket launching, no matter how ineffectual, with aerial bombardment.
Ehud Barak, the Israeli defense minister, was warned by Israeli government attorneys this week to leave England and head home after Palestinians filed suit for an international arrest warrant on war crimes charges.
Barak decided to ignore the warning and continue his visit, according to reports in Haaretz and Ynet/Yediot. He was scheduled to meet on Tuesday with Prime Minister Gordon Brown and on Wednesday with Foreign Minister David Miliband. He’s also scheduled to address a Labour Friends of Israel event at the annual Labour Party conference taking place in Brighton this week.
Barak is the second ranking Israeli official to face possible arrest in Britain under the legal principle of universal jurisdiction, which allows countries to arrest and try foreign nationals for crimes committed in another country. Retired General Doron Almog, former chief of Israel’s southern command, went to England in September 2005 to address a conference on childhood autism, but returned home without even leaving his plane after Israel’s London embassy warned him about a warrant for his arrest in relation to the July 2002 airstrike against Gaza Hamas leader Salah Shehada, which killed 14 people including nine children. Britain later canceled the warrant.
The case against Barak is reportedly based on the Gaza war last winter. It comes just a few weeks after the release of the Goldstone Report, commissioned by the United Nations Human Rights Council, on alleged war crimes in Gaza. The London suit doesn’t appear to be related directly to the report – except for the fact that it would be neutralized, along with other universal jurisdiction efforts against it, including the Goldstone allegations, if Israel were to mount a serious, independent investigation into Gaza-related allegations, along the lines of the acclaimed investigations it launched following the 1973 and 1982 wars. So far the Netanyahu government refuses.
Haaretz columnist Brad Burston recently wrote a powerful piece on the mounting efforts by Palestinians and human rights activists to isolate Israel, and the damage it does to the cause of peace they claim to be pursuing. It’s a cry from an increasingly helpless Israeli left, marginalized at home and now abandoned by its supposed allies abroad.
Here’s Doron Almog discussing the 2005 incident:
Here’s a British news report from last spring that sympathetically describes universal jurisdiction cases against Israel currently working their way through Spanish courts – also stemming from the Shehada bombing:
Here’s Philippines legal scholar Ralph Sarmiento discussing the legal theories behind universal jurisdiction:
Here’s Bob Dylan on the harmonica at a Chabad event, accompanying his son-in-law Peter Himmelman and actor Harry Dean Stanton in a lively if somewhat off-key rendition of Hava Nagila.