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23 Iyar 5761 - May 16, 2001 | Mordecai Plaut, director Published Weekly
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Opinion & Comment
Politica

by E. Rauchberger

Dead End

The shocking murder of two young men near Tekoa last Tuesday night and the boat load of powerful weapons intercepted near the coast of Lebanon while en route to the Palestinians' arsenal last week have led more and more politicians from across the spectrum to realize that we are headed down a dead-end street vis-a-vis the Palestinians.

The Palestinians, who rejected the generous proposals made by former Prime Minister Ehud Barak at the Camp David Conference last summer, cannot call off the Al Aksa Intifadah without having secured more than they were offered then. On the other hand Israel, and certainly the Sharon government, cannot and will not give them even what was offered at Camp David.

The Knesset's summer session opened last week, and upon their arrival at the Knesset, MK's were received by a crowd of demonstrators carrying signs that read, "We voted Sharon and got Peres." Only a small band of demonstrators was gathered, but Sharon may well find himself facing a much larger number of demonstrators.

Sharon realizes that he is currently headed down a dead-end street and that there is no partner on the Palestinian side. Sharon also understands that the military option does not offer a solution, and that terror cannot be eliminated through military means, placing him in a real quagmire. He is left with no military solution and no political solution. All that remains for him to do is to tread water and try to control the damage.

For now, Sharon is king of the opinion polls. He is leading by significant margins in all of the parameters. The public believes him and believes he can be trusted; he is perceived as the right man for the job and the public would like to see the unity government continue under his leadership. His problem is that the more time goes by without a solution to the security problem, the more his public image will deteriorate.

Even former foreign minister Shlomo Ben Ami, as a Labor Party head and one of the leading proponents of the concessions to the Palestinians, said last week that he had reached the conclusion that Arafat and the Palestinian leadership are not partners in the Final Status Agreement. According to Ben Ami, there is no chance of achieving a final settlement under the current Palestinian leadership (read: Arafat), and therefore all of the Israeli players should do some rethinking.

Breathing Down His Neck

The current military and political paralysis could also cause Sharon considerable damage in the political realm, which even has him occupied during these troubled times. Sharon knows that his great rival, former prime minister Binyamin Netanyahu, is breathing down his neck.

Netanyahu will use all of his talent, including his talent as a communicator, to take full advantage of any failure by Sharon vis-a-vis the Palestinians, whether it be a military failure, a political failure or both.

Last week the former prime minister said in media interviews that the IDF should have gone into Chevron's Abu Sanina neighborhood--from which shots were fired at Shalhevet Pas, the infant who was killed by sniper shooting a few weeks ago. A few days later the IDF penetrated into Beit Jalla, where shots have been fired at the neighborhood of Gilo for several months.

Sharon has no choice. When Netanyahu presents right-wing positions that will help him within the Likud during the primaries, Sharon must respond with right-wing measures of his own. He cannot remain aloof, for later on this would exact a high political price.

During a Likud Party meeting last week Sharon announced that a date had not yet been set for the Likud Convention and that he was willing to have the convention postponed for as long as two years. No need to rush. Sharon would like to defer the confrontation against Netanyahu for as long as possible. A convention, including a census, voting and decision-making on various issues, would inevitably involve a confrontation between the two figures. There is no escaping it. That's the way it works in politics.

However, although Sharon would like to postpone the conference for as long as possible, his supporters, particularly Uri Shani, need the convention to take place, and the sooner the better. Inside the party as well, when Sharon made his remarks, Shani and his supporters threw him a sharp glance.

One of the outstanding issues is the negotiations Sharon has been holding with the Center Party, which has five mandates, over the possibility of it joining the Likud as a unit, with five places secured for them on the next Knesset list. The current Center Party is comprised of four former Likud members: Mordechai, Maridor, Milo and Magen, and the fifth is Nechama Ronen, formerly of Tzomet. Thus all of them are right-wing faithfuls whose place is in the Likud. Such a move, however, would require approval at the convention.

If a deal with the Center Party is finalized the move would also include the addition of hundreds of their members to the Likud Central Committee, which would become a combined Committee for the two parties and for a joint convention. This is exactly what Sharon wants. This is one of his strategies for taking over the Central Committee which chooses the Knesset list. Sharon wants to take part in the selection process to ensure that his loyal supporters make the list. The convention can also decide to cancel the primaries for the selection of party chairman and prime ministerial candidate. From Sharon's perspective this would be preferable. At a convention under his control his chances of defeating Netanyahu would be much greater than at the primaries, with 100,000 more voters participating.

Whispers can be heard within Sharon's camp about the idea of canceling the primaries, but no one dares to make such a suggestion out loud, for such plans are still premature. Until all of the necessary steps have been taken to guarantee the complete success of such a revolutionary step, Sharon's allies will not admit publicly that they are aiming in that direction. They are worried that ultimately the primaries will not be cancelled, and after nearly having their right to vote taken away, hundreds of thousands of Likud members will try to settle accounts with them.

Outspoken and Unafraid

High Court President Aharon Barak paid a visit to the Knesset last week to participate in a one-day seminar to mark the retirement of the Knesset's legal counsel, Tzvi Inbar. Very rarely does Barak make appearances at the Knesset, so such visits always attract a great deal of media and public interest.

Barak chose to deliver a lecture on the topic of the constitutional court (six months ago the Knesset approved a bill to set up a constitutional court in its first reading), voicing staunch opposition to the idea. Barak browbeat the audience, describing what would happen if the bill goes into effect with words like, " . . . a direct and tangible threat to democracy."

The seminar was held in the Knesset auditorium with no more than 20 MKs in attendance. The vast majority were known supporters of Barak. It is understandable, therefore, why there was only one MK who dared to challenge Barak's remarks, and later lashed out against him with an extremely harsh diatribe. In fact, it is difficult to remember the last time someone made such acrimonious remarks against about Mr. Barak. The antagonist was none other than Yigal Bibi (Mafdal), who referred to the High Court president's remarks as "chutzpah" and said that if he had spoken like that elsewhere he would have been thrown out, adding, "Barak came to stone the Knesset with words." It definitely takes a lot of daring to speak in such terms about one of the most powerful people--or perhaps even the most powerful-- in the State of Israel.

But Barak is daring, too. Last week the Zamir Committee released a report stating that the High Court inadequately reflects the Arab and new immigrant sectors. Yet in his lecture Barak said the High Court reflects the entire country, with judges who reflect the complexity and pluralism of Israeli society. It would be interesting to ask the High Court President which members of the court represent the worldview and lifestyle of citizens from development towns and neighborhoods in crisis. How many of those seated on the court represent Israel's traditional Jews? How many of them represent the new immigrant or Arab sectors?

Barak says no political appointments are made in the High Court. True enough. But there have been appointments based on who belongs to the clique. Come one, come all, but come only if you are from our circle--even if your qualifications are no less stellar than a candidate who went to law school with us. Two years ago Manof found that all of the High Court judges at the time, without exception, were graduates of the Faculty of Law at Hebrew University in Jerusalem who studied there during the same years Barak was a student there. Are there no other law schools in Israel, in Be'er Sheva, Haifa or Tel Aviv for example? Yes, it is true, there are no political appointments.

It would very interesting to see whether any of the 14 High Court judges disagrees with Barak on the issue of the proposed constitutional court. My bet is that there isn't a single one. All of them agree with Barak that a constitutional court would be disastrous for the High Court. Then Barak will once again claim, without batting an eye, that pluralism reigns at the High Court. But who represents citizens who are in favor of setting up a constitutional court?


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