Canada recently 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˳ Canada argued that these resolutions unfairly singled out Israel for criticism˳
Nevertheless, Israel’s ambassador to the UN claimed that Canada’s vote delegitimized Israel˳
This event raises questions of what are legitimate or illegitimate criticisms of the state of Israel˳ It also raises questions about when or whether 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 evidence 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˳”
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˳
Illegitimate criticism
On the other hand, activists for Palestinian rights who call for the state of Israel to be destroyed, for example, by referring to a free Palestine “from the river to the sea,” engage in illegitimate criticism˳
Regardless of the circumstances of its creation, Israel is a sovereign state that enjoys the right to exist˳ All sovereign states enjoy this right˳ Like any other state, Israel also has the right to defend itself against attack˳
To suggest that Jews have no right to live in Israel is also to engage in illegitimate criticism˳ All states are permitted to determine who will live within their borders˳ And suggesting that Jews should not live in Israel means advocating the creation of a huge refugee population based on religio-ethnic criteria˳
Some critics call Israel a colonial power˳ They assume that it is illegitimate for any Jewish “settler” to live in Israel proper˳ This assumption is based in part on the belief that Jews are not indigenous to the Middle East˳ But Jews have lived in the Middle East for thousands of years˳
Israel was created in 1948˳ An estimated 600,000 to 760,000 Palestinians fled or were expelled in the subsequent Arab-Israeli war˳
In later years, about 800,000 Jews left Arab countries˳ About two-thirds of them settled in Israel, and the other third elsewhere˳ Many of these Jews had been forcibly expelled˳
Many Jews settled in Israel from Europe˳ It is important to remember the context of European pogroms and Nazi genocide that obliged many of them to flee˳
This does not justify Israeli violations of the human rights of either Israeli Arabs or of Palestinians in the West Bank and Gaza˳ It merely provides some context as to why so many Jews have settled in Israel˳
Sanctions against Israel are legitimate
Having said this, I agree with the opinion of the International Holocaust Remembrance Alliance that it’s 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˳ Legally speaking, apartheid can only occur within a state˳ So calling Israel an apartheid state suggests that it has legal sovereignty over the West Bank and Gaza˳
A better way to judge Israel’s actions in Gaza and the West Bank is through universal standards˳ One such standard is international humanitarian law, especially the fourth Geneva Convention of 1949˳ This convention prohibits transfers of population, either from or into conquered territories˳ That means Jewish settlements in the West Bank are illegal˳
The International Court of Justice also adheres to universal standards˳ It ruled in 2004 that the wall separating Israel from the West Bank is illegal, because part of it is built outside Israel’s territory˳ This wall frequently separates Palestinians from their land, work opportunities and family members˳
International human rights law is another 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˳ They also use torture and arbitrary arrest, prohibited by international human rights law˳
Other states punish Palestinians
Other states also undermine Palestinians’ human rights˳ Like Israel, Egypt periodically blockades Gaza ˳ These blockades deny Palestinians freedom of movement across national boundaries˳ Both these states have the legal right to control their own borders˳ But these controls frequently mean that Palestinians cannot buy food, go to hospitals or work in Israel or Egypt˳
Arab states also undermine Palestinians’ human rights˳ Some have given shelter to Palestinian refugees and their descendants for decades, but refuse to grant them citizenship˳
These states are not legally obliged to grant citizenship to refugees and their descendants˳ But the reason that Jewish emigrants and refugees from Arab states do not constitute a political bloc, which Palestinians emigrants and refugees do, lies partly in citizenship laws˳
Jewish emigrants and refugees obtained citizenship in Israel and other countries like the United States and Canada˳ Palestinians emigrants and refugees from Israel, and many of their descendants, remain stateless˳
Universal rules and responsibilities
Serious concern for the human rights of Palestinians requires consideration of all the states that 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 that adhere to these standards are engaged in legitimate criticism˳
Activists should respect Israel’s rights as a sovereign state˳ But Israel should respect Palestinians’ rights under universal human rights and humanitarian law˳ Israel is the most important of all the states in the Palestinian crisis˳
Unfortunately, the government of Israel in 2019 was nationalist and expansionist˳ There’s little hope as we head into 2020 that Israel will negotiate in good faith with Palestinian leaders˳ Yet Israel will never be safe from attack until it negotiates a peaceful settlement that gives Palestinians their own state˳
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