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The Question of Recognizing Israel as a Jewish State
September 10, 2011
In recent months, Israeli Prime Minister Netanyahu has demanded that the Palestinians agree to recognize Israel as a “Jewish state” as a precondition for peace talks. [1] Yet Palestinians have indicated that they would have great difficulty accepting such a precondition. [2]
In the Citizens Proposal, we state our hope that the citizens of the two nations would develop and/or maintain the culture that they wish for their nations. In this sense, we do not see a problem per se with labeling Israel a Jewish state. However, a problem would exist if the culture of either nation does not support the rights and aspirations of all its citizens. The conditional statement, “a problem would exist if,” is to recognize the considerable ambiguity around the meaning of Jewish state.
Let us look at better uses of language and the meanings incurred in the phrase Jewish state. The meaning of Israel’s identity as a Jewish state is open to question because the definition of a Jewish state is not settled among Israelis themselves. Jews the world over even differ among themselves on what it means to be Jewish; hence, they could hardly be of one mind about what it means for Israel to be a Jewish state. [3] Yet Palestinians would want to know, before they agree to recognize Israel as a Jewish state, just what they are signing off on.
A Jewish State That Guarantees Equal Rights for AllWhile we would not be as presumptuous as to suggest to the citizens of Israel what sort of definition they should arrive at for a Jewish state, we would insist that it cannot be taken to mean that Israel has the cultural or national right to privilege its Jewish citizens over its Arab, Christian and Druze citizens, or oppress and restrict those minorities in any way. Nor would we wish it to advantage any particular type of Jew while restricting other Jewish communities that are in the minority.
Such a view is foreign to Israel’s founding documents, specifically its declaration of independence, the Declaration of the Establishment of the State of Israel (1948).
In recent months, Israeli Prime Minister Netanyahu has demanded that the Palestinians agree to recognize Israel as a “Jewish state” as a precondition for peace talks. [1] Yet Palestinians have indicated that they would have great difficulty accepting such a precondition. [2]
In the Citizens Proposal, we state our hope that the citizens of the two nations would develop and/or maintain the culture that they wish for their nations. In this sense, we do not see a problem per se with labeling Israel a Jewish state. However, a problem would exist if the culture of either nation does not support the rights and aspirations of all its citizens. The conditional statement, “a problem would exist if,” is to recognize the considerable ambiguity around the meaning of Jewish state.
Let us look at better uses of language and the meanings incurred in the phrase Jewish state. The meaning of Israel’s identity as a Jewish state is open to question because the definition of a Jewish state is not settled among Israelis themselves. Jews the world over even differ among themselves on what it means to be Jewish; hence, they could hardly be of one mind about what it means for Israel to be a Jewish state. [3] Yet Palestinians would want to know, before they agree to recognize Israel as a Jewish state, just what they are signing off on.
A Jewish State That Guarantees Equal Rights for AllWhile we would not be as presumptuous as to suggest to the citizens of Israel what sort of definition they should arrive at for a Jewish state, we would insist that it cannot be taken to mean that Israel has the cultural or national right to privilege its Jewish citizens over its Arab, Christian and Druze citizens, or oppress and restrict those minorities in any way. Nor would we wish it to advantage any particular type of Jew while restricting other Jewish communities that are in the minority.
Such a view is foreign to Israel’s founding documents, specifically its declaration of independence, the Declaration of the Establishment of the State of Israel (1948).
The State of Israel will… foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions… [4]
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The affirmation that “Israel will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex” and the averral that this guarantee was “envisaged by the prophets of Israel” mean that equal rights is a value that is rooted in the religion, history and ethics of the Jewish people. One can point to the Law of Moses: “You shall have one law for the sojourner and for the native.” [5] Thus, equal rights can be construed not only as a democratic value but also as a Jewish value, one that should be codified in the laws of a Jewish state. Palestinians might find fewer reasons to object to recognizing Israel as a Jewish state if Israel, by its self-definition as a Jewish state, is committed to equal rights and protections for its non-Jewish and Arab minorities.
A Jewish State That Does Not Surrender the Right of ReturnA second reason why Palestinians would resist recognizing Israel as a Jewish state concerns the Right of Return. Because Israel was founded as a national home for Jews, the issue of the Right of Return of Palestinian refugees collides with a core Israeli understanding of what it means for Israel to be a Jewish state. However, it is our position that disposition of the Right of Return should be a topic for negotiation. We would neither expect, nor think it would be desirable for, the Palestinian Authority to agree to a de facto surrender of that right because it recognizes Israel’s identity as a Jewish state as a precondition to negotiations.
The rationale behind our position is that in order to achieve a lasting peace, the inflammatory issue of the Right of Return needs to be addressed properly. It will require negotiations between Palestine and Israel in which respect is proffered and a final agreement that takes into account the aspirations of both peoples. Considering the desire of Palestinians for some satisfaction on this issue, the Citizens Proposal envisions that a peace agreement may include provision for a fixed, limited number of Palestinians to settle in Israel—a number however that does not alter significantly the demographics of Israel as a state with a large Jewish majority.
The Declaration of the Establishment of the State of Israel describes Israel’s Jewish identity in terms of a national home for Jews scattered throughout the world: “The State of Israel will be open for Jewish immigration and for the Ingathering of the Exiles.” [6] This policy is enshrined in Israel’s Law of Return, which grants automatic citizenship to any Jew immigrating to Israel from any part of the world. We would affirm the view that to recognize Israel as a Jewish state is to affirm this particular privilege for Jews in matters of immigration policy, as it is rooted in Israel’s history and its reason for existence.
Nevertheless, in our view this does not necessarily imply the converse, namely that Israel by virtue of being a Jewish state ought to be excessively restrictive regarding citizenship issues for Palestinians. This applies particularly to those Palestinians who end up in Israel after a border is agreed upon, but also to those Palestinians who are afforded the opportunity to exercise their Right of Return within the provisions of a peace settlement. There is no reason why Israel as a Jewish homeland cannot also be the homeland of a thriving Palestinian minority. In short, it is incumbent upon Israel, if it expects Palestinians to recognize it as a Jewish state, to define the meaning of a Jewish state in a way that does not exclude the possibility of limited Palestinian immigration.
A Jewish State That Benefits its Arab NeighborsA third aspect of what it may mean to be a Jewish state concerns Israel’s disposition towards its Arab neighbors. Many Jews regard themselves as a people chosen by God to be a blessing to all the peoples of the earth, as the Bible depicts God’s blessing to Abraham, “by you all the families of the earth will be blessed” (Genesis 12:3). Since Abraham is the father not only of the Jewish people but also of the Arab peoples, we suggest that when Israel acts in ways that benefit the Arab peoples in its vicinity, it is a Jewish state in the best sense of the term. In that spirit, the Declaration of the Establishment of the State of Israel avers that Israel intends to be a good neighbor, living in peace with neighboring Arab states and cooperating with them for mutual benefit:
A Jewish State That Does Not Surrender the Right of ReturnA second reason why Palestinians would resist recognizing Israel as a Jewish state concerns the Right of Return. Because Israel was founded as a national home for Jews, the issue of the Right of Return of Palestinian refugees collides with a core Israeli understanding of what it means for Israel to be a Jewish state. However, it is our position that disposition of the Right of Return should be a topic for negotiation. We would neither expect, nor think it would be desirable for, the Palestinian Authority to agree to a de facto surrender of that right because it recognizes Israel’s identity as a Jewish state as a precondition to negotiations.
The rationale behind our position is that in order to achieve a lasting peace, the inflammatory issue of the Right of Return needs to be addressed properly. It will require negotiations between Palestine and Israel in which respect is proffered and a final agreement that takes into account the aspirations of both peoples. Considering the desire of Palestinians for some satisfaction on this issue, the Citizens Proposal envisions that a peace agreement may include provision for a fixed, limited number of Palestinians to settle in Israel—a number however that does not alter significantly the demographics of Israel as a state with a large Jewish majority.
The Declaration of the Establishment of the State of Israel describes Israel’s Jewish identity in terms of a national home for Jews scattered throughout the world: “The State of Israel will be open for Jewish immigration and for the Ingathering of the Exiles.” [6] This policy is enshrined in Israel’s Law of Return, which grants automatic citizenship to any Jew immigrating to Israel from any part of the world. We would affirm the view that to recognize Israel as a Jewish state is to affirm this particular privilege for Jews in matters of immigration policy, as it is rooted in Israel’s history and its reason for existence.
Nevertheless, in our view this does not necessarily imply the converse, namely that Israel by virtue of being a Jewish state ought to be excessively restrictive regarding citizenship issues for Palestinians. This applies particularly to those Palestinians who end up in Israel after a border is agreed upon, but also to those Palestinians who are afforded the opportunity to exercise their Right of Return within the provisions of a peace settlement. There is no reason why Israel as a Jewish homeland cannot also be the homeland of a thriving Palestinian minority. In short, it is incumbent upon Israel, if it expects Palestinians to recognize it as a Jewish state, to define the meaning of a Jewish state in a way that does not exclude the possibility of limited Palestinian immigration.
A Jewish State That Benefits its Arab NeighborsA third aspect of what it may mean to be a Jewish state concerns Israel’s disposition towards its Arab neighbors. Many Jews regard themselves as a people chosen by God to be a blessing to all the peoples of the earth, as the Bible depicts God’s blessing to Abraham, “by you all the families of the earth will be blessed” (Genesis 12:3). Since Abraham is the father not only of the Jewish people but also of the Arab peoples, we suggest that when Israel acts in ways that benefit the Arab peoples in its vicinity, it is a Jewish state in the best sense of the term. In that spirit, the Declaration of the Establishment of the State of Israel avers that Israel intends to be a good neighbor, living in peace with neighboring Arab states and cooperating with them for mutual benefit:
We extend our hand to all neighboring states and their peoples in an offer of peace and good neighborliness, and appeal to them to establish bonds of cooperation and mutual help with the sovereign Jewish people settled in its own land. The State of Israel is prepared to do its share in a common effort for the advancement of the entire Middle East.
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In this regard, a primary purpose of the Citizens Proposal is to create a border that can provide the context for improving the relationships between Israel and the nascent state of Palestine. It lays out zones of economic cooperation and joint management that could be pursued in the spirit of “establish[ing] bonds of cooperation and mutual help” with the newly created Palestine.
We believe that these are qualities of a Jewish state in the best sense of the term: They are rooted in the ideals of Judaism and consistent with the finest traditions of the Jewish people. If Israel defines itself as a Jewish state in the three senses described above, then the Palestinian Authority should have little quarrel with recognizing Israel as a Jewish state. Yet it is incumbent upon Israel to first provide a clear definition of what it takes the phrase “a Jewish state” to mean, hopefully along the lines suggested above. Without such clarity, the demand that Palestine recognize Israel as a Jewish state serves no good purpose but becomes an obstacle in the path of resuming sincere negotiations that can lead to peace.
We believe that these are qualities of a Jewish state in the best sense of the term: They are rooted in the ideals of Judaism and consistent with the finest traditions of the Jewish people. If Israel defines itself as a Jewish state in the three senses described above, then the Palestinian Authority should have little quarrel with recognizing Israel as a Jewish state. Yet it is incumbent upon Israel to first provide a clear definition of what it takes the phrase “a Jewish state” to mean, hopefully along the lines suggested above. Without such clarity, the demand that Palestine recognize Israel as a Jewish state serves no good purpose but becomes an obstacle in the path of resuming sincere negotiations that can lead to peace.
[1] See “PM Would Accept Pre-’67 Lines as Baseline for Talks,” The Jerusalem Post, August 3, 2011, http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=232185
[2] Hassan Jabareen, “Why Palestinians Can’t Recognize a ‘Jewish State,’” Haaretz, September 2, 2011, http://www.haaretz.com/print-edition/opinion/why-palestinians-can-t-recognize-a-jewish-state-1.382091
[3] See Yonatan Touval, “Israel’s Identity Crisis,” The New York Times, July 29, 2011.
[4] “The Declaration of the Establishment of the State of Israel,” May 14, 1948, http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Declaration+of+Establishment+of+State+of+Israel.htm
[5] Leviticus 24:22, also Numbers 15:16.
[6] “The Declaration of the Establishment of the State of Israel,” May 14, 1948
[2] Hassan Jabareen, “Why Palestinians Can’t Recognize a ‘Jewish State,’” Haaretz, September 2, 2011, http://www.haaretz.com/print-edition/opinion/why-palestinians-can-t-recognize-a-jewish-state-1.382091
[3] See Yonatan Touval, “Israel’s Identity Crisis,” The New York Times, July 29, 2011.
[4] “The Declaration of the Establishment of the State of Israel,” May 14, 1948, http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Declaration+of+Establishment+of+State+of+Israel.htm
[5] Leviticus 24:22, also Numbers 15:16.
[6] “The Declaration of the Establishment of the State of Israel,” May 14, 1948