Middle East | Le·gal In·sur·rec·tion - Part 6
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Posted by Mike LaChance on May 03, 2016 7 Comments
The newest offering from Prager University asks an interesting question. Why are there still Palestinian refugees and no Jewish refugees? Dumisani Washington of Christians United for Israel hosts the video and points out a number of facts which are frequently ignored by critics of Israel.

Posted by Miriam Elman on March 16, 2016 4 Comments
This past Monday, in a rare example of bipartisanship, the U.S. House of Representatives unanimously (393 to 0) passed a non-binding resolution declaring the horrors committed by the Islamic State against Christians and other religious monitories to be genocide and crimes against humanity. The State Department has until tomorrow (March 17) to decide whether it wants to make a similar classification of ISIS’s atrocities, as required by Congress. Written into the omnibus spending bill passed in December, the deadline is congressionally mandated. But, as of this writing, it would appear that Secretary of State John Kerry is still having some difficulty seeing what everybody else sees.

Posted by David Gerstman on March 09, 2016 11 Comments
Ahead of Vice President Joe Biden's trip to Israel, The Wall Street Journal reported earlier this week that the White House is considering new efforts to revive the Middle East peace process.
The internal discussions are aimed at offering a blueprint for future Israeli-Palestinian talks in a bid to advance a critical foreign-policy initiative that has made little progress during Mr. Obama's two terms in the White House, the officials said. The strongest element on the list of options under consideration would be U.S. support for a Security Council resolution calling on both sides to compromise on key issues, something Israel had opposed and Washington has repeatedly vetoed in the past. Other initiatives could include a presidential speech and a joint statement from the Middle East Quartet, an international group comprising the U.S., the United Nations, the European Union and Russia.
According to the Journal, the President Barack Obama hasn't made up his mind but "is considering a range of options." In any case no decision is expected until later this year.

Posted by Jonathan Levin on March 08, 2016 9 Comments
A group of Palestinians led by professional provocateur and propagandist Bassem Al-Tamimi has filed suit against a slew of Americans, American businesses, American organizations, international businesses and Israeli entities.  The Complaint is embedded at the bottom of this post. Altogether nineteen Plaintiffs have brought claims against fifty-three defendants.  Plaintiffs' attorneys are Martin F. McMahon, a colleague in his law firm, and Sameer Jarrah, who claims a license to practice law in Jordan. Al-Tamimi is a familiar figure.  He is at the heart of LI's ongoing battle with Ithica, New York's public school system (where he encouraged third-graders to become "freedom fighters for Palestine"), peddles the blood libel that Israel harvests and sells Palestinians' organs, and uses his own daughter (and other children) as props in his war against Israel (more here).

Posted by David Gerstman on February 24, 2016 10 Comments
One the best commentaries I've seen on the Israeli-Palestinian conflict was published last week in Haaretz.  The article by Israeli author, Gadi Taub asked, Does Abbas Really Want Israel to Withdraw From the West Bank? Unsurprisingly the answer Taub suggests is "no." Taub's column can be reduced to 5 main points as to why Palestinian Authority President Mahmoud Abbas does not want peace with Israel.
  1. After spending years agitating for the "right of return" there is no way he would abandon it and lose whatever little credibility he still has with the Palestinians in order to make peace.
  2. He might complain about the human rights abuses of Israel, but the Palestinian security services will be worse.
  3. Right now Abbas doesn't have to fight Hamas directly, Israel is doing most of the work. As an added bonus Israel's presence in the West Bank allows him to complain about occupation. If he gets a state by compromise he will lose the Israeli protection and he will look like he gave in to Israel.

Posted by Jonathan Levin on February 24, 2016 8 Comments
British banking giant HSBC shut down accounts held by Islamic Relief Worldwide ("IRW") last month.  IRW has long been suspected of funneling money to terrorist organizations. According to the Center for Security Policy:
[IRW is] the largest international Islamic charity in the world, with a $240 million operating budget, nearly 300 employees, chapters in more than 12 countries with their own multi-billion dollar budgets, and operations in over 30 countries, all based in Birmingham, England.

Posted by David Gerstman on February 22, 2016 7 Comments
If you receive Morning Insurrection, you would have seen Prof. Miriam Elman's recommendation to read Jonah Goldberg's piece on the importance of foreign policy in the upcoming election. (If you don't currently read Morning Insurrection see the signup box in the upper right-hand corner of Legal Insurrection.) Goldberg wrote:
We can debate how much blame Obama deserves for Syria’s civil war, but almost no one outside his paid staff disputes that he’s only made things worse. The conflict there has set off the worst humanitarian crisis in Europe since the end of World War II — that’s John Kerry’s own assessment — which may yet tear the European Union asunder. The instability closer to the fighting is even more dangerous. Russia and Turkey may soon go to war with one another, as Russia mercilessly and indiscriminately massacres anyone standing in the way of its pet, Syrian president Bashar al-Assad. The Jordanian monarchy may crumble, in part for a lack of assistance from the United States.

Posted by Vijeta Uniyal on February 18, 2016 7 Comments
With each passing day, it gets more and more difficult to ignore the monumental disaster that Obama’s foreign policy actually is. Nowhere is its utter failure more glaringly evident than in the Syrian Civil War. But first, let us not underestimate the pathologies of the Middle East that have led to the present disaster in Syria, but Obama administration’s policies have created perils that we would be dealing with, in decades to come. The geopolitical vacuum created by President Obama’s push to shrink America’s footprint in the Middle East has quickly been filled by Comrade Putin’s soviet-style jackboots. And President Obama-backed Nuclear Deal has single-handedly contributed billions of dollars to Islamic Republic of Iran’s war chest geared at funding global terrorism and regional adventures.

Posted by David Gerstman on February 03, 2016 7 Comments
Three weeks ago, ten American sailors on two naval boats were seized by Iran. One of the first readouts of what happened came from the State Department with this tidbit:
Now, the Secretary then got on the phone with Foreign Minister Zarif for the first time – I think the first of at least five phone calls they had during the course of that afternoon and evening – at about 1 o’clock in the afternoon. The main message that he – there were a few messages he wanted to convey to the foreign minister. One, to provide him with some information about our understanding of what had happened, which was not perfect but was sort of developing in real time. And we had gathered some information including that the sailors were in transit at the time of the incident, that they were in transit between Kuwait and Bahrain, that they may have had some sort of mechanical problem – although at that point we weren’t sure – that we had lost communications with them, and that we had indications that they were now located on Farsi Island in the Gulf. The Secretary made clear that our most important priority – and that this was critical – was that they be released, obviously, safely and unharmed and as quickly as possible, and that if we were able to do this – and this is something that he said to Zarif on a few occasions – if we are able to do this in the right way, we can make this into what will be a good story for both of us.
Think about that last line, "a good story for both of us."

Posted by Jonathan Levin on February 02, 2016 4 Comments
As negotiations to negotiate an end to the Syrian civil war plod along, the UN has admitted, internally, that it is powerless to enforce any Syria peace deal. According to Foreign Policy, the UN knows it cannot enforce or even monitor any peace deal it brokers:
In a confidential strategy paper exclusively obtained by Foreign Policy, the office of the United Nations’ top envoy to Syria warns that the U.N. would be unable to monitor or enforce any peace deal that might emerge from landmark political talks underway in Geneva. The paper raised concerns the world might harbor unrealistic expectations about the U.N.’s ability to oversee and verify a cease-fire in a civil war beset by a dizzying array of armed factions and terrorist groups. “The current international and national political context and the current operational environment strongly suggest that a U.N. peacekeeping response relying on international troops or military observers would be an unsuitable modality for ceasefire monitoring,” according to the “Draft Ceasefire Modalities Concept Paper” by U.N. envoy to Syria Staffan de Mistura’s team. In plain English, that means Syria will be far too dangerous for some time for traditional U.N. peacekeepers to handle.

Posted by David Gerstman on February 01, 2016 4 Comments
In the middle of January, I dissected Vox video purporting to distill the Arab-Israeli conflict into 10 minutes. But those ten  minutes were littered with countless errors and omissions. I wasn' t the only one weighing in, of course. Elder of Ziyon, one of the longest running pro-Israel bloggers has taken the criticism to a new level, in a video critique of the Vox video. This is no easy task - and I admire his patience and cool - as his critique of the first three minutes clocked in at 17 minutes. As Elder put it:
I'm not certain I will create parts 2 and 3, because I don't know who will want to spend maybe 45 minutes listening to a critique of a ten minute video. Literally every ten seconds I nI ceeded to stop to respond to another distortion or lie.
I certainly had that feeling reviewing the video:

Posted by David Gerstman on January 04, 2016 8 Comments
Two ongoing news stories that broke this past week show the Obama administration's contrasting styles towards America's top Middle East ally and a rogue nation that continues to flout international law. Obama and his top officials have no problem playing hardball with Israel, but become like Rex the dinosaur in Toy Story, who doesn't like confrontations, when dealing with  Iran. First, last Tuesday The Wall Street Journal (Google link) reported that the administration excluded Israeli Prime Minister Benjamin Netanyahu from the list of foreign leaders it would not spy on after Edward Snowden revealed that the NSA regularly spied on friendly heads of state. Quoting current and former U.S. officials the spying on Netanyahu was deemed by Obama to be a “compelling national security purpose.” Of course the reason for this was Netanyahu's objections to the Iran nuclear deal. The fear was that Netanyahu would leak sensitive information he had been told by the United States in order to torpedo the deal. (Israel insisted that the secret details that it learned came from spying on Iran.)

Posted by Jonathan Levin on December 30, 2015 2 Comments
A recent article from Adrienne Yaron has an important kernel of truth surrounded by a myriad of analytical errors and false conclusions.  The central point that BDS is a cover for defamation of Israel and development of a critical mass of anti-Israel and anti-Jewish hatred on false pretenses is sound.  The suggestions that BDS is incapable of having an economic impact and that BDS should therefore be mocked rather than substantively opposed is not. Yaron's core and accurate observation is that BDS's economic arguments are a vehicle for simple malice:
The real goal and purpose of BDS is to defame Israel, and attempt to discredit it in the eyes of foreign observers, in order to exert political pressure. BDS demonstrations are an opportunity for them to spew antisemitic vitriol and express their vicious hatred of the Jewish state. BDS’ [sic] only real power is in propagating its hateful ideology.
This is absolutely true, with ample evidence from BDS supporters' anti-Jewish and anti-Israel deceptions and violence, and the overlap between BDS and actual or implicit support for terrorism.

Posted by David Gerstman on December 26, 2015 3 Comments
Anti-Israel bias in The New York Times isn't news. But an article this week once again highlights how the Times promotes those who criticize or demonize Israel pretty uncritically, Israeli Veterans’ Criticism of West Bank Occupation Incites Furor. The report in question was about the group Breaking the Silence, which the paper described as "a leftist organization of combat veterans that says it aims to expose the grim reality of Israel’s occupation of the West Bank." Of course that's not all, it also has brought up of accusations, often unsubstantiated, of IDF misconduct during war too. Still the story of Breaking the Silence is portrayed as a referendum on Israel and its morality. We read of the organization as being "at the center of a furor that is laying bare Israel’s divisions over its core values and the nature of its democracy," and "[highlighting] what it views as the corrosive nature of the occupation of the West Bank on Israeli society."

Posted by David Gerstman on December 20, 2015 15 Comments
Iran and its allies have taken a beating in Syria according to recent reports. Perhaps the most spectacular was the airstrike overnight that killed the notorious child killer, Samir Kuntar and eight other terrorists in a Damascus suburb. Prof. Jacobson rightly called Kuntar "among the most notorious and vicious terrorists," for shooting Danny Haran to death in front of his four year old daughter, Einat, and then killed her by smashing her head against a rock with his rifle butt. Needless to say Kuntar was treated as a hero by Hezbollah, who traded the bodies of IDF soldiers, Eldad Regev and Ehud Goldwasser, to free Kuntar in 2008. He also received the Syrian Order of Merit from Syria's dictator Bashar al-Assad shortly after his release. But Kuntar's killing is just a symptom of the recently reported problems plaguing Iran and its allies who are backing Assad.

Posted by Jonathan Levin on December 17, 2015 4 Comments
Russia's policy of bloody deterrence and intimidation is reaping battlefield victories, and exposing US fecklessness in Syria.  President Obama has decided the risk of alienating the Syrian population and providing propaganda fodder for ISIS and other anti-Western organizations outweighs the benefits of a substantive military intervention, but Russian President Vladimir Putin's s opposite strategy moots the theory.  Syrians afflicted by foreign military intervention and Islamists capitalizing on it are unlikely to parse their anger according to which foreign power actually caused their losses. Particularly since ISIS bombed a MetroJet airliner on October 31, 2015, killing 224 people, including 219 Russians, the Russian and American campaigns in Syria could not be more different.  Russia now operates four forward operating bases in Syria and claims to have flown more than 4,000 sorties and hit 8,000 targets since September 30, 2015 and to have conducted fifty-nine sorties on December 15 alone, hitting 212 targets, killing 321 ISIS fighters and destroying 100 oil facilities. After the MetroJet bombing, Russia also deployed ground forces to Syria for the first time.  According to Lt. Colonel James G. Zumwalt, USMC (Ret.):
Comparable to our own elite fighters of Delta Force, Russian special forces have an operational edge ours do not. While battlefield actions by U.S. forces will, appropriately, always be defined by the laws of land warfare, Russian special forces historically have tossed their moral compass aside. By doing so, they convey a clear message—in blood—to adversaries.

Posted by Jonathan Levin on December 15, 2015 10 Comments
President Obama and the Defense Department are warning of the dangers of deploying ground troops to Syria without first answering whether ISIS can be defeated without them. Critics say the status quo is not doing the job.  Max Boot wrote in the Wall Street Journal on December 8 that air power alone cannot defeat ISIS.  The same morning, former Army Chief of Staff retired General Ray Odierno likewise told MSNBC’s “Morning Joe” that air power has never won any war in history, and added that “[y]ou can't defeat ISIS without having people on the ground.” On the other hand, Gen. Paul Selva, Vice-Chairman of the Joint Chiefs of Staff, testified before the Senate Armed Services Committee the next day that, “[i]t's clear from ISIL's strategy that their objective is to cause us to engage in what they believe is an apocalyptic war with the West.”  Selva added, “anything that we do to feed that particular frame of thinking counters our national security.”

Posted by David Gerstman on November 27, 2015 4 Comments
Rep. Mike Pompeo (R - Kan.) and Sen. Tom Cotton (R - Ark.) have a lot in common. Both are army veterans and both are graduates of Harvard Law School. And both have been doing a great job of exposing aspects of the nuclear deal with Iran that the administration would rather keep quiet. This week it was reported that an inquiry from Pompeo got the State Department to admit that the nuclear deal was never signed and is not "legally binding." Julia Frifield, the Assistant Secretary of State for Legislative Affairs, wrote in response to Pompeo's inquiry if he could see the signed agreement, in a letter reproduced at the congressman's website, that the nuclear deal was not binding and that it was not signed by any party. The key parts of the letter read:
The Joint Comprehensive Plan of Action (JCPOA) is not a treaty or an executive agreement, and is not a signed document ...