On November 19, 2019, Canada voted at the United
Nations for the establishment of a Palestinian state. At the same time, Canada
reiterated its position that there were too many UN resolutions about Israel,
unfairly singly it out for criticism. https://www.cjnews.com/news/canada/how-trudeau-changed-course-on-the-jewish-state Nevertheless, Israel’s
Ambassador to the UN claimed that Canada’s vote delegitimated Israel. https://www.theglobeandmail.com/politics/article-israel-protests-canada-for-voting-at-un-supporting-palestinian-state/
This event prompts the question of what is legitimate
or illegitimate criticism of the state of Israel, and when such criticism is
anti-Semitic.
The International Holocaust Remembrance Alliance
defines anti-Semitism as “a certain perception of Jews, which may be expressed
as hatred toward Jews.” It states that manifestations of anti-Semitism “might
include the targeting of the state of Israel, conceived as a Jewish collectivity.”
However, it also states that “criticism of Israel similar to that leveled
against any other country cannot be regarded as anti-Semitic.” http://www.holocaustremembrance.com/node/196
Using this definition, Canada’s vote for creation of
a Palestinian state does not delegitimize Israel, any more than Canadian
criticism of any other state delegitimizes it.
One the other hand, activists for Palestinian rights
who call for the state of Israel to be destroyed engage in illegitimate
criticism. Regardless of the circumstances of its creation, Israel is a
sovereign state that enjoys the right to exist. Like any other state, it also
has the right to defend itself against attack https://www.un.org/en/sections/un-charter/chapter-vii/index.html
Activists who claim that Jews have no right to live
in Israel also engage in illegitimate criticism. All states are permitted to
determine who will live within their borders. Moreover, to suggest that Jews
should not live in Israel is to advocate the creation of a huge refugee
population based on religio-ethnic criteria.
Some critics call Israel a colonial power, assuming
that it is illegitimate for any Jewish “settler” to live in Israel proper. This
assumption is based in part on the notion that Jews are not indigenous to the
Middle East. But Jews have lived in the Middle East for millennia. Israel was
created in 1948 and an estimated 600,000 to 760,000 Palestinians fled or were expelled
in the subsequent Arab-Israeli war. https://www.cambridge.org/core/books/the-birth-of-the-palestinian-refugee-problem-revisited/8AE72A6813CEA7DDDE8F9386313F0D97
In later years, about 800,000 Jews left Arab countries, about two-thirds
settling in Israel and the other third elsewhere: many of these Jews had been
forcibly expelled. https://www.algemeiner.com/2018/11/23/top-historian-simon-schama-remember-the-expulsion-of-jews-from-arab-countries/
As for European Jews, it is important to
remember the context of pogroms and genocide that obliged many of them to flee
to Israel.
This does not
justify Israeli violations of the human rights of either Israeli Arabs or
Palestinians in the West Bank and Gaza. It merely provides some context as to
why so many Jews have settled in Israel.
Having said this, it is legitimate to criticize
Israel as one might criticize any other state. Thus, the boycott, divestment
and sanctions movement against Israel is legitimate, as long as it does not simultaneously
question the right of Israel to exist as a state. Many Jewish people both
within and outside Israel who are concerned about Palestinian rights support
this movement. Similarly, although it is not strictly accurate to call Israel
an apartheid state, it is within the realm of acceptable political rhetoric. Technically
speaking, apartheid can only occur within a state, so that calling Israel an
apartheid state suggests that it has legal sovereignty over the West Bank and
Gaza. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.10_International%20Convention%20on%20the%20Suppression%20and
A better way to judge Israel’s actions in Gaza and
the West Bank is through the universal standard of international humanitarian
law, especially the fourth Geneva Convention. This Convention prohibits
transfers of population, either from or into conquered territories. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.33_GC-IV-EN.pdf
Thus, Jewish settlements in the West Bank are illegal. So is the wall
separating Israel from the West Bank, in so far as part of it is built outside
Israel’s territory, as the International Court of Justice ruled in 2004. https://news.un.org/en/story/2004/07/108912-international-court-justice-finds-israeli-barrier-palestinian-territory-illegal.
International human rights law is also a universal
standard that protects Palestinians. Israel definitely denies some human rights
to people in the West Bank and Gaza. But so do Palestinians’ own political
leaders, Hamas in Gaza and Fatah in the West Bank. Both these political groups
deny their subjects civil liberties and use torture and arbitrary arrest, all
prohibited by international human rights law. https://www.hrw.org/middle-east/n-africa/israel/palestine
https://www.hrw.org/tag/hamas
Other states also adversely affect the human rights
of Palestinians. Not only Israel but also Egypt periodically blockades Gaza,
thus denying Palestinians freedom of movement across national boundaries. Both
these states have the right to control their own borders, but they frequently
do so at the cost of Palestinians who cannot buy food, go to hospitals, or work
in these sovereign states.
Arab states who have given shelter to Palestinian
refugees and their descendants for decades, but refuse to grant them
citizenship, also detrimentally affect Palestinians’ human rights. https://www.upenn.edu/pennpress/book/15363.html
However, these states are not obliged to grant
citizenship to refugees and their descendants.
Serious concern for the human rights of Palestinians
requires consideration of all the actors who violate their rights under
international human rights and humanitarian law. These legal standards are
universal. As long as they do not advocate eradication of the state of Israel
and/or expulsion of Israeli Jews, states and activists who adhere to these standards
are engage in legitimate criticism.