Preferred Citation: Dowty, Alan. The Jewish State: A Century Later, Updated With a New Preface. Berkeley:  University of California Press,  c1998 1998. http://ark.cdlib.org/ark:/13030/ft709nb49x/


 
The Filter of Security

Notes

1. Dan Horowitz and Moshe Lissak, Trouble in Utopia: The Overburdened Polity of Israel (State University of New York Press, 1989), 229–30.

2. Uzi Benziman, Sharon: An Israeli Caesar (Adama Books, 1985), 225.

3. Ze’ev Schiff and Ehud Ya’ari, Israel’s Lebanon War (Simon and Schuster, 1984), 43.

4. Ibid., esp. 281–85; see also Aryeh Naor, Government at War (in Hebrew) (Lahav, 1986), on clashes between Begin and Sharon.

5. In a study by Elihu Katz and Michael Gurevitch, when asked about the basis of Jewish rights in Israel, 81 percent of the respondents mentioned the right to a refuge, while 66 percent cited Zionist settlement, 61 percent the age-old longing to return, 59 percent rights established in the Bible, 56 percent military successes, and 40 percent the UN Partition Resolution of 1947. The Secularization of Leisure: Culture and Communication in Israel (Harvard University Press, 1976), 322.

6. The Military Balance 1995–1996 (The International Institute for Strategic Studies, 1995), 130–31, 134–38, 146–48. Similar figures are given in Shlomo Gazit and Ze’ev Eytan, The Middle East Military Balance, 1993–1994 (Jaffee Center for Strategic Studies, 1994), 196–197.

7. Given the centrality of security for Israel, there are surprisingly few serious studies of the tension between security demands and democracy. Two recent studies help to fill the gap: Menachem Hofnung, Democracy, Law, and National Security in Israel (Dartmouth Publishing, 1996) and Gad Barzilai, Wars, Internal Conflicts, and Political Order: A Jewish Democracy in the Middle East (State University of New York Press, 1996).

8. Asher Arian, Security Threatened: Surveying Israeli Opinion on Peace and War (Cambridge University Press, 1995), 68. On basic vs. current security, see Avner Yaniv, Deterrence without the Bomb (Lexington Books, 1987), 99.

9. Amos Elon, The Israelis: Founders and Sons (Holt, Rinehart and Winston, 1971), 199. For an outsider’s appreciation of how deeply the Holocaust shapes Israeli attitudes, see Conor Cruise O’Brien, The Siege: The Saga of Israel and Zionism (Simon and Schuster, 1986), 327–28; for an insider’s analysis, see Eliezer Don-Yehiya, “Memory and Political Culture: Israeli Society and the Holocaust,” Studies in Contemporary Jewry 9 (1993): 139–62.

10. Yoram Peri, “The Rise and Fall of Israel’s National Consensus (1),” New Outlook 26 (May 1983): 28–31; and idem, “The Rise and Fall of Israel’s National Consensus (2),” New Outlook 26 (June 1983): 26–32.

11. Yaniv, Deterrence.

12. Avi Shlaim and Avner Yaniv, “Domestic Politics and Foreign Policy in Israel,” International Affairs 56 (April 1980): 242–62, emphasize the internal causes of a conservative, risk-averse diplomacy and especially the lack of sufficient unity within governing parties for pursuit of a coherent strategy.

13. Shlomo Aronson, Conflict and Bargaining in the Middle East (The Johns Hopkins University Press, 1978), chap. 1.

14. On overcompensation to past weakness, see Jay Y. Gonen, A Psychohistory of Zionism (Mason/Charter, 1975), 147; the cult of toughness and the symbolic importance of Meir Har-Tsion is discussed by Elon, The Israelis, 237.

15. Harold D. Lasswell, “The Garrison State,” American Journal of Sociology 46 (January 1941): 455–68; Harold D. Lasswell, National Security and Individual Freedom (Committee for Economic Development, 1950), 23–49.

16. Baruch Kimmerling, The Interrupted Society: Israeli Civilians in War and Routine Times (State University of New York Press, 1985); Kimmerling, “Making Conflict a Routine: The Cumulative Effects of the Arab-Jewish Conflict upon Israeli Society,” Journal of Strategic Studies 6, no. 3 (1983): 13–45. For overall assessments of civilian supremacy in the Israeli system, see Yoram Peri, Between Battles or Ballots (Cambridge University Press, 1983), and Yehuda Ben-Meir, Civil-Military Relations in Israel (Columbia University Press, 1995).

17. Daniel Elazar argues that this emphasis on consent and voluntary cooperation, rather than discipline and coercion, makes the army “a major embodiment of Jewish political culture”; Israel: Building a New Society (Indiana University Press, 1986), 188–89.

18. Lilly Weissbrod, “Protest and Dissidence in Israel,” in Cross-Currents in Israeli Culture and Politics, ed. Myron J. Aronoff (Transaction Books, 1984), 56–59.

19. Horowitz and Lissak, Trouble in Utopia, 229. For an overview of this issue, see Lissak, “Paradoxes of Israeli Civil-Military Relations,” in Israeli Society and Its Defense Establishment, ed. Moshe Lissak (Cass, 1984), 1–12.

20. Baruch Kimmerling, “Patterns of Militarism in Israel,” Archives of European Sociology 34 (1993): 196–223.

21. Hobson, Democracy after the War (George Allen and Unwin, 1917), 13–19.

22. Asher Arian, Politics in Israel: The Second Generation, rev. ed. (Chatham House, 1989), 200 (emphasis in original).

23. U. S. Department of State, Country Reports on Human Rights Practices for 1996 (U. S. Government Printing Office, 1996).

24. This is the consensus among most analysts; see, for example, Asher Arian, “Israeli Democracy 1984,” Journal of International Affairs 38 (Winter 1985): 265. This discussion does not apply to the occupied territories of the West Bank and Gaza, which are not juridically part of Israel and are dealt with separately in chapter 10.

25. For an overview of the three mechanisms of emergency legislation, see Shimon Shetreet, “A Contemporary Model of Emergency Detention Law: An Assessment of the Israel Law,” Israel Yearbook on Human Rights 14 (1984): 187–96, and Baruch Bracha, “Addendum: Some Remarks on Israeli Law Regarding National Security,” Israel Yearbook on Human Rights 10 (1980): 295–97. A fuller treatment of this subject can be found in Alan Dowty, “Emergency Powers in Israel: The Devaluation of Crisis,” in Coping with Crises: How Governments Deal with Emergencies, ed. Shao-chuan Leng (University Press of America, for the White Burkett Miller Center of Public Affairs, University of Virginia, 1990), 1–43, and in Menachem Hofnung, “States of Emergency and Ethnic Conflict in Liberal Democracies,” Terrorism and Political Violence 6 (Autumn 1994): 340–65.

26. Bracha, “Restriction of Personal Freedom without Due Process of Law according to the Defense (Emergency) Regulations, 1945,” Israel Yearbook on Human Rights 8 (1978): 299.

27. Professor G. I. A. D. Draper, in “Symposium on Human Rights,” Israel Yearbook on Human Rights 1 (1971): 383. Draper adds that he and others dissuaded the British secretary of state for war from applying similar regulations later on in Cyprus, on the grounds that “they were thoroughly bad regulations.”

28. The Palestine Gazette, No. 1422, Supplement No. 2, 27 September 1945, 1055–98.

29. Richard Crossman, Palestine Mission: A Personal Record (Harper and Brothers, 1947), 129.

30. Bernard Joseph, British Rule in Palestine (Public Affairs Press, 1948), 218–30. For severe critiques at the time by Jewish legal scholars, see M. Friedman, “Detainees under the Emergency Regulation” (in Hebrew), Hapraklit 2 (August 1945): 242–43; and R. Nuchimowski, “Deportations under the Defense Regulations (1)” (in Hebrew), Hapraklit 3 (April 1946): 104–9, and idem, “Deportations under the Defense Regulations (2)” (in Hebrew), Hapraklit 3 (May 1946): 134–40.

31. Knesset Proceedings (in Hebrew), 21 May 1951.

32. Elon, The Israelis, 297.

33. Dina Goren, Secrecy and the Right to Know (Turtledove Publishing, 1979), 164.

34. Asher Arian, Politics in Israel, 276; Daniel Shimshoni, Israel Democracy: The Middle of the Journey (The Free Press, 1982), 82–85; Goren, Secrecy, 94, 104, 120; U.S. Department of State, Country Reports on Human Rights Practices for 1996. It should be kept in mind that articles and books published abroad can usually be reprinted <\d>or quoted in the Israeli press, thus providing a convenient method of circumventing controls.

35. Goren, Secrecy, 112.

36. Edi Retig, “The Sting: Secret Evidence, the Burden of Proof, and Freedom of Expression” (in Hebrew), Mishpatim 14 (1984): 118–20, 125–26.

37. Michael Saltman, “The Use of the Mandatory Emergency Laws by the Israeli Government,” International Journal of the Sociology of Law 10 (November 1982): 385–94; Sabri Jiryis, The Arabs in Israel (Monthly Review Press, 1976), 16–18, 26.

38. Saltman, “Use of the Mandatory Emergency Laws”; Avraham Poyastro, “Land as a Mechanism of Control: Israel’s Policy toward the Arab Minority 1948–1966” (in Hebrew)(Master’s thesis, University of Haifa, 1985), 19–22, 37–42.

39. Alan Dershowitz, “Preventive Detention of Citizens during a National Emergency—A Comparison between Israel and the United States,” Israel Yearbook on Human Rights 1 (1971): 303.

40. Ibid., 316–17.

41. Based on official figures collected by Jiryis, The Arabs, 30; Dershowitz, “Preventive Detention,” 310–11, and Shetreet, “A Contemporary Model,” 187.

42. Mordechai Mironi, Return-To-Work Orders: Government Intervention in Labor Disputes through Emergency Regulations and Work Injunctions (in Hebrew) (The Institute for Social and Labor Research, University of Tel Aviv, 1983), 26–27.

43. Shetreet, “A Contemporary Model,” 191–92.

44. Yizhak Hans Klinghoffer provides a list of laws whose duration or functioning are dependent on the existence of a state of emergency. These include the Prevention of Terrorism Ordinance, 1948; the Absentee Property Act, 1950; the Prevention of Infiltration Act, 1954; the Supervision of Goods and Services Act, 1957; and a number of labor laws; “On Emergency Regulations in Israel,” in Jubilee Book for Pinhas Rosen, ed. Haim Kohn (Mifal Hashichpul, 1962), 90.

45. Simon Shetreet, “Israeli Democracy in Wartime—The Legal Framework in Practical Perspective” (in Hebrew), Skira Hodshit (August–September, 1984), 48, 51.

46. Bracha, “Restriction of Personal Freedom,” 311, 313; Shetreet, “A Contemporary Model,” 185.

47. Bracha, “Restriction of Personal Freedom,” 316–17; Rubinstein, Judges of the Land, 384.


The Filter of Security
 

Preferred Citation: Dowty, Alan. The Jewish State: A Century Later, Updated With a New Preface. Berkeley:  University of California Press,  c1998 1998. http://ark.cdlib.org/ark:/13030/ft709nb49x/