By Lynda Burstein Brayer

November 27, 2018 "Information Clearing House" -   Western thinking and intellectual endeavor is very much epitomized by formality, rationality and clear boundaries or limits. These qualities no doubt derive from the Aristotelian philosophical and analytical basis of Western Christendom, in which the Excluded Middle of Aristotelian logic reigns supreme when it comes to the formulation of a thesis or argument. Aristotelian logic posits an absolute binary division between opposites. Its basic formula is an either/or contrast. Truth and falsehood are opposites: there is no half-truth or half-falsehood. This binary division permeates all other fields of quantifiable intellectual endeavor and finds expression in such opposites as good/evil, right/wrong, friend/enemy, legal/illegal, etc. There are obvious benefits to such clarity of thought, and no doubt it is this methodology which has contributed to the scientific achievements of the West. While such sharp divisions cannot always be imposed upon contingent reality because it is situational and circumstantial, rather than absolute, when this principle is violated in the law, the outcome is not only, or merely egregious, it defies ordinary human understanding and contributes to an inaccurate, if not corrupt, view of reality.

The Jewish oxymoron as an instrument of overcoming the limits set by Aristotelian logic

One of the binary opposites of Aristotelian classification in modern times is the democracy/dictatorship opposition. Democracy is recognized and understood to be of whole cloth, such that there is no such animal as a “somewhat” democratic state, or a “nearly” democratic state. A political system is not democratic if all the citizens of the country cannot participate on an equal basis. Either a political system is, or is not, democratic. Jewish genius however, has overcome this opposition with a number of oxymoronic legal definitions. The Jewish state of Israel characterizes itself as a “Jewish and democratic” state, although the latest law of the Knesset wishes to raise “Jewishness” above “democracy”. However, it must be blindingly obvious to anyone not in thrall to the ruling narratives, that when a minority of a population is regarded as hostile, is unwelcome and therefore is never part of a governing coalition, democracy must be a casualty, especially when that minority has been singled out for discriminatory and dispossessory treatment, despite the legal somersaulting of the greatest of Jewish legal minds.

The designation of Israel as an apartheid state characterized by apartheid- style laws has been accepted by leading jurists and many international organizations. As a former South African I not only know the meaning of the term in its original language of Afrikaans– separateness- but saw its effects upon the non-White population. In political practice, separate means unequal. It was only many years after my coming to Israel on aliya as a young Jewish woman and subsequent to obtaining a law degree from the Hebrew University and engaging in legal work for Palestinians, that the resemblance of Israeli legal system to South African apartheid really struck me. In fact I was quoted on the front page of the Ha’aretz intellectual daily newspaper as making this comparison. The first person to invoke the comparison was Dr. Uri Davis, an Israeli sociologist, who wrote a book called Israel: An Apartheid State.

I would like to elaborate on those elements which contribute to making Israel not only an apartheid State, apartheid being confined to the law, but rather the wider sociological cultural phenomena of discrimination in which the legal system is placed. The matrix of the society is based on force, violence, and inhumanity which derive from “values” of the Jewish religion.

The basic values of the Jewish religion as the basis of Israeli culture and politics

It can be stated without any fear of contradiction, that the Jewish state of Israel is built upon the principle of separation, which is why the apartheid comparison holds. But it must be understood how and why this is the case as well as the limits of the comparison. It is not an accident, nor a choice based merely upon economic, political or cultural considerations. Rather the principle of separation is at the heart of the Jewish religion itself and Zionism is the political expression of the Jewish religion. Normative Judaism in Israel is Rabbinical Judaism or Talmudic Judaism, which, historically, has been normative for nearly two thousand years. This is the Judaism developed by the Rabbis following the destruction of the Second Temple in 70 CE, or who were then known as the Pharisees. This Judaism is not a biblical religion: rather it is a religion based upon the interpretation of the Torah – the relevant parts of the first five books of the Bible from Genesis to Deuteronomy – by a succession of Torah interpreters known as rabbis. I would like to stress that the bible is not normative In Judaism, that is, it is not binding nor is it obligatory for Jews: only the Talmudic rulings are binding. It is for this reason that the politically-concocted “Judeo-Christian” heritage does not hold. Christianity sees the Bible, both Old and New Testaments its standard-setting texts. Not so for Judaism. Judaism and Christianity do not share a parent/child relationship nor an older sibling/younger sibling relationship, as per the politically correct Roman Catholic Church.

The first codification of these interpretations was made in 200 CE and consisted of the six-part Mishnah. To this was subsequently added further interpretations; the Gomorrah and later, the Responsa literature – all products of Jewish community-acknowledged rabbinical experts of the law. This Judaism held a monopoly which began to be challenged only in the mid-nineteenth century in Germany as a result of the influence of what is called the Enlightenment, the source of the secularism of the West and the secularism of a majority of Western Jews, most of whom, nonetheless, have not broken with Judaism’s basic rituals of circumcision, the bar-mitzvah, Jewish divorce and burial.

The late Professor of Biblical studies at the Hebrew University, Shemaryahu Talmon, explained in a lecture to Catholic Christian Zionists, that the basic value of Judaism is the principle of separation. He illustrated his point with the binary opposites of sacred and profane, holy and unholy, Shabbat and non-Shabbat or weekdays, and, of course, kashrut, the laws governing pure and impure food and clothing. All of these pairs are exemplars of the underlying opposition of purity and impurity with purity being the ideal state.

At that meeting He did not however explicate in detail the source and full effects no doubt in deference to his audience. He left out the most significant binary opposition of Rabbinical Judaism: the Jew/Gentile or Jewish/goy opposition, the consequences of which have always been, and remain, central to Jewish life. Talmon did not explain that the principle of separation derives from kadosh – which is translated as holy, but its literal meaning is “set aside” or “separate from”. The separation that both exists and is demanded for Jews is the separation from the “impure”. God is kadosh and His people must be kadosh too. This is the significance of “chosenness” – chosen by God to have the existential quality of purity. The Jew is pure because he possesses a soul – – nefesh in Hebrew. The purpose of all Jewish ritual is to sustain the state of purity of the Jew. Jews are commanded to do all in their power to avoid being contaminated by what is considered impure. In contrast to Jews, goys or goyim, the latter having the same dictionary meaning as gentium, people, fall into the category of the impure because they are not born with souls and are therefore, existentially separated from God without any possibility of “closing the gap”. Hence in the Jewish lexicon the term goy has a pejorative meaning while gentium does not. This is the fundamental reason that the Jew is not required to the treat the goy as an equal because, according to Judaism, he is not equal. In fact, the goy is considered as chattel because chattel do not have souls. The goy is therefore not fully human. In this essay I shall only use the term goy for this reason.

This existential distinction between the Jew and the goy is reflected in the absence of a Jewish universal moral code, an absence which is not found within either Christianity or Islam. Judaism’s moral code is characterized by its particularity: it only binds Jews vis-à-vis Jews, not Jews vis-à-vis goys. The most outstanding exemplar of this system is that a Jew is not bound to save the life of a goy if saving the life requires the use of electricity or travelling in a motor vehicle, such as an ambulance, because such activities are forbidden on the Sabbath as they are considered forms or work, and a Jew may not work on the Sabbath. a Jew may do so for another Jew according to the law known as pikuah nefesh which translates as saving a soul. A Jew not only may break the Sabbath to save a Jewish soul, he is obligated to do so. Pikuah may be translated as to take care of and to oversee, and nefesh means soul: because goys do not have souls, pikuah nefesh cannot be applied. In addition, another exceptional phenomena of the Jewish moral code is that it does also not make truth binding upon the Jew with respect to the goy. There are only two instances where it is recommended that a Jew ought to tell the truth to a goy: when there is a danger to his life, or if it is in the interests of the Jew or the Jewish community.

The question may now be asked as to why this information has been placed as a prolegomena to a description and analysis of the laws and practices of the Jewish state. The reason is quite straightforward: everything that I have described does not fall within the written laws passed by the legislative body of Israel, the Knesset, but serves, rather, as the matrix in which the laws are embedded and out of which the laws spring.

The Israeli legal system

It is this background that serves to explain why Aristotelian logic does not have an exclusive hold on the Israeli legal system and why a formal legal analysis cannot, by definition, grasp the entire experiential reality of the separateness/apartheid of the Jewish state. Once the lives of goys have no more value than chattel, the Jewish Israeli legal system cannot provide value to that which has no value to Jews. The minute a Jewish/goy conflict is encountered, that which is regarded as universal morality does not apply. A personal experience of this nature found expression during a hearing on a petition I submitted to the Supreme Court sitting as the High Court of Justice (Court of Equity concerning Administrative law and practice) requesting the voiding of a sale of Palestinian land by the majority of its owners (the land was not parcellated and therefore owned jointly by all the owners). A Justice in the hearing asked me what was wrong with an affidavit containing a blatant lie concerning the “sale” of Palestinian land to a Jew in militarily occupied territory, which is forbidden in international law. My response was that the perjury occurred to make the sale “kosher” at least in Jewish eyes. So the Justice asked what would happen if we just removed the affidavit to which I answered that the “sale” could not go through. The “sale” was not voided by the Court.

The State of Israel does not recognize the Fourth Geneva Convention relative to the protection of Civilians and hors de combat as legally binding upon it, although it is recognized as conventional international law, and not just treaty law, and hence binding upon all states. It is not that the Jewish state denies its conventional status but rather because the preamble refers to “High Contracting Parties” and the Palestinians are not, or at least were not, a High Contracting Party. This is a perfect instance of Talmudic logic – catch on to an irrelevant point and avoid the substance and rationale of the Convention. Therefore the Jewish state denies Palestinians, who are both civilians and hors de combat legal protection whilst living under a brutal military occupation whilst the Jewish appellation of the nature of the military occupation is “a benign military occupation” – one of the many oxymorons of Jewish thinking. Therefore the High Court cannot evoke this Fourth Geneva Convention to protect Palestinians in the militarily occupied territories from the Israeli army and refers instead to “humanitarian” considerations with respect to Palestinians, but never ever spells them out. But how could “humanitarian” considerations apply to Palestinians? After all they are goys, and goys have no souls and are therefore like chattel. They don’t deserve humanitarian considerations. This term therefore, in this context, is no more than flatus vocis – empty air, having no corresponding reality.

It is more than interesting to note, in contrast, that while South African apartheid was motivated by cultural concerns, not to say economic and political ones, it was not based upon an understanding that blacks and whites constitute different species of mankind. In fact, the South African government had to legislate criminal laws to prevent “miscegenation” i.e. the marriage or sexual relationships between people of different races, yet despite the attempts at prohibition, the fact is that as a result of “miscegenation”, a whole new category of “race” or “color” grew up in South Africa numbering in the hundreds of thousands if not millions. The children of such unions were called “Coloreds”.

In contrast to that situation, the marriage ratio of Jew and Arab in Israel is infinitesimal and there are no laws against it. Instead, Israel has preserved the millet system from the Ottomans, millet meaning religious community, according to which people can only marry legally within their own religious group. Naturally this was not considered discriminatory at the time, because secularism had not yet set in. “Mixed marriages” involving Israeli Jews and goys have to take place abroad or abroad by proxy. But any Jewish woman wanting to divorce a non-Jewish man and remarry a Jew, has to have a Jewish divorce. There are special types of divorces for these cases, when they are applicable. Otherwise if she remarries a Jew without obtaining a Jewish divorce, called a get, her children and their descendents will be Jewish bastards and forbidden to marry within the normal Jewish community for ten generations! The Rabbinate keeps a list of the names of bastards.

Amongst the most egregious discriminatory laws are those legislated soon after the establishment of the Jewish state in Palestine. There is a full list of them with comments compiled on the Israeli Arab legal site Adalah and may be accessed by anyone interested. I shall not deal with all of them naturally, but will touch on the most outstanding of them. www.adalah.org/en/law/index?page=4

One of the first and most crucial of such laws for the Jewish state is the Law of Return 1950. This is another oxymoronic manifestation of Jewish genius. This law says that Jews, who were not born in the Jewish state, may return to it because it is their “land of birth”. The term in Hebrew is moledet the root of which means “to be born”. What the law does is ignore the fact of birth outside of Israel of a Jew, that is, the de facto status of a foreign-born Jew, while assigning to him a de iure legal right of birth in the Jewish state. The legal right overcomes the fact. This translates into a situation that a Jew not born in the Jewish state may return to his land of birth of Israel where he was not born.

An Arab Palestinian refugee, born in Palestine has no right of return to the country of his birth according to the Citizenship Law. One of the mechanisms for the application of this law is the ius sanguinis – the law of blood. That is to say, that if you are born to a Jew you have acquired birthrights in Palestine whether you were born there or not. This is what accounts for the free entrance of Diaspora Jews into Israel.

The Arabs acquire citizenship in Israel according to the ius soli, that is to say, because they were born in this territory – on the soil, so to speak. But these are not inheritable rights. In other words, if a Palestinian Israeli family with Israeli citizenship moves abroad for a few years, any child born abroad has no automatic right of return to Israel, particularly as an adult. This is the law that forbids the return of the 1948 refugees and their descendants. But it must be understood that this law is crucial in order to have a Jewish state in Palestine. You have to keep out Palestinians to keep Israel Jewish.

A second crucial law, also from 1950 is the Absentees Property Law concerned the dispossession of Arab private property within the Jewish State. The state invented a new category of persons, who, despite enjoying de iure property rights prior to the creation of the Jewish state, suddenly found themselves deprived of property rights, a status unheard of elsewhere in the world, seeing as the central significance of the scope of property rights is erga omnes – rights against anyone encroaching on these property rights. Jewish genius not only managed to by-pass this exclusionary factor but transformed the de iure right into a de facto issue with the wave of a pen contingent upon a factual situation. What the Jewish law created was a new status of a “present absentee” for the Arab property owner another somersault defying Aristotle’s Excluded Middle without any difficulty whatsoever. What is a “present absentee”? Well, first of all only an Arab can be an “absentee”, an Arab born in Palestine or in the Ottoman Empire before Palestine was extruded from Greater Syria. It never applies to a Jew born in Palestine nor to Jewish immigrant to Palestine nor to Jews who live abroad but who own property in Israel. The “absentee” of the law, through its labyrinthine twists refers to Arabs who own property in Palestine/Israel but who were absent from their homes, even if for only one day during a period beginning on the 29^th November 1947 – even before the Jewish state existed. It refers to those people who fled from the war, who were in “enemy territory” in Palestine and those who were expelled from Palestine itself or were ordered to leave their homes by the Jewish forces. That is to say, even someone who was “absent” from his home since that date, continuing through the establishment of the Jewish state of Israel, but who managed to remain in the Jewish State of Israel, lost his property rights. The villages in Northern Galilee of Ikrit and Bir’in are examples of their populations being expelled by the Jewish forces and who were prevented from returning when the war was over. For the purposes of all other laws in Israel, a Palestinian Arab is “present” in the Jewish state. I estimate that Palestinians have lost more than 90 % of their privately owned land. Since then, the Town Planning Law has been eating away at the rest.

The latest laws which have caused stirs abroad concern the downgrading of the Arabic language from being an official language – in law – but never in practice. And the other law, the National Law posits that the Jewish state of Israel is the homeland of the Jewish nation leaving out all reference to the Palestinian Arab population but I am not sure how it is going to be applicable, particularly as there are other discriminatory pracises to do its business.

The Discriminatory administration of non-discriminatory Laws

What I would like to bring to the reader’s attention here is where the repugnant discrimination, humiliation and deprivation are felt on a daily basis. It must be understood that the outcomes of administrative decisions are deliberate and the destruction they wreak is foreseeable. Administrative law, that is to say, those norms governing the actual administration or laws, is based on equity. Included in equity is treating equals equally, justice, fairness, honesty, and using the law for the said purposes of the law itself. These values are included in what is called “discretionary power”. Discretion is one of the difficult or “hard” issues in laws because it is a power, yet a power which is exercised contingent upon circumstances and the judgment of the person or persons wielding that power. The greatest danger with discretionary power is that it may veer towards its opposite very quickly which is arbitrary power. It is at this juncture of the law and equity that one finds the intrusion of those norms characteristic of Judaism. Compared to the total number of laws on Israel’s law books, the actual number of discriminatory laws, or sections of laws, is not very large, although key with respect to certain subjects, such as land use, ownership, disposition and rights to family. Where the real, hard, anti-Arab forces kick in is in the discretionary or arbitrary application of laws which in themselves make no reference at all to either Jew or Arab.

The budget of the government is unashamedly discriminatory and funds are not distributed proportionately amongst Jews and Arabs. Naturally there has been an unbroken verbal against this situation, but the Arabs have no power at all to change anything. It is important to take cognizance of the fact that no Jewish government has ever gone into coalition with an Arab party in order to form a majority government. This is, or would be, considered treason, to put it mildly. Therefore they have no way of influencing governmental decisions. Although the Arabs constitute approximately one-fifth i.e. 20.9% of the population, their fraction of the national cake, so to speak, is nowhere near proportional to their numbers. See reliable figures from those compiled by the Adva non-profit organization and http://adva.org/en/ and http://din-online.info/pdf/ms2.pdf from the Mossawa non-profit organization – both of them highly reliable sources. An internet search for budgetary discrimination against Arabs in Israel will yield a rich treasure.

With the discrimination in the budget as the starting point, and keeping it in mind, I would like to concentrate on other areas where this administrative apartheid is not only apparent, but which has had, and continues to have, disastrous effects upon the Arab population in Israel, not to speak of the Occupied West Bank and Gaza.

Arab Land Use

Arab land ownership has been exponentially diminished in the Jewish State. The following is an excellent article on how this was achieved but it is not my intention to further explicate this subject. https://mondoweiss.net/2013/03/historical-israeli-planning/

What I shall only deal with the actual use of Arab-owned land because this remains the chief instrument of deprivation financially and socially as well as actual emotional suffering affecting a person’s well-being, under Israel’s apartheid. The prime weapon in this on-going war against Arab Israeli citizens is the Building and Planning Law of 1965. That it is old-fashioned and dates from the time of the British mandate in its approach, utterly undemocratic, top heavy with apparatchiks, has not prevented its usefulness to the Jewish population. Israel has set up new towns all over Israel proper as well as in the Occupied territories with modern, admirable infrastructure and public spaces. I believe that within the Jewish community women and Jewish institutions may have an input. The importance of this law lies in the fact that it is used as the main administrative tool of control over the Arab population. Town Planning is the central and main tool used for urbanization and therefore modernization, industrialization, socialization and economic development. It developed as a result of the industrial revolution, mass production and urbanization of the peasants and it plays a critical role in a country’s development. Israel has settled most nearly all of its Jewish population – most of which is of course an immigrant population in cities, towns and what are called development towns crucially located within the country according to perceived needs of Jewish society.

In contrast the Arab community has had no town planning in the modern meaning of the word and neither do Arabs have any planning rights. They are also not consulted as to the needs of the communities. The town planners are 90% Jewish with an occasional Arab brought in for appearances sake and their “planning” is devoted to the inhibition of growth Arab “towns” or overgrown villages. The Arab “towns” are actually “townships” equivalent to the South African black townships. I remember Alexandra township just north of Johannesburg way back when. A “township” lacks modern planning for modern facilities and modern land disposition: there is no proper infrastructure of any kind: sewage, drainage, electricity, road design, transportation facilities, and no proper land parcellation and zoning! Modern cadastral zoning takes into account current ownership and possibilities of parcellation, allocation of uses of land and can increase building space. As a striking example, on land taken from Arab owners in the Galilee to build a Jewish settlement as part of the “judaization of the Galilee” building rights on Jewish parcels can range well above 100% as a result of permission to build upwards, while on Arab land in the identical vicinity it was 20%. This is repeated in the entire country. Modern land use builds to height and creates separate private properties within single buildings called condominiums. In Hebrew it is called cooperative housing. Arab land has not been zoned to permit this multiplication of space within the “town” or village limits. In the township in which I live, the population of which is approximately 30,000, there are not more than five buildings taller than three storeys! No public housing has been erected in any of them, no public facilities have been developed and there are no parks, no proper sidewalks nor parking arrangements. It is all higgledy-piggledy. And this is not because the Arabs do not know how to plan or how to build. In contrast to the South African townships where the housing is often leanto’s, Arab private housing is built up to the most modern standards and can be exceptionally elaborate with attention to aesthetic details. But the building is at strangulation levels. The main intended effect of the lack of planning is that it is almost impossible to get a building license. So the vast majority of all homes are built without licenses: according to the law they can be destroyed by administrative decision. And many are. Many organizations have spoken up against house demolition but they have not questioned the basic cause of such demolitions. Jewish town planning is based on the principle, according to them, of “natural increase”. This principle is totally absent from the town planning for Arabs and one could say that its opposite governs town planning considerations: rather than expansion the aim is restriction and constriction.

Another outcome of this approach is that there is no distinction between industrial zones and city and residential uses of land. What this means, is that the infrastructure required for certain industries, such as the food canning industry, is absent where an Arab has managed to set up a factory. The lack of sewage facilities leads to land pollution with the intendant fines imposed by the government for “breaking the laws”.

The municipal courts are packed full of Arab “scoff law” cases about homes built without building permits. The list of cases in the Jerusalem municipal court hardly mentions Jews and when it does, it is for building a verandah without a license or something similarly negligible.

On the other hand, new Jewish towns and settlements have been planned and built on Arab land such as to not only dispossess Arab owners, but to literally trespass into actual housing. The land allocated to a Jewish settlement includes huge “border” land swathes of hundreds of meters which are not necessarily needed or used for building, but the purpose of which is to prevent Arab building. A visit to the town of Sakhnin illustrates this perfectly. The Jewish settlement is built at the top of the hill whilst its border went through the Arab home’s living room in which I sat at the bottom of the hill.

In another Arab “town plan” a line was drawn through a plot dividing it with no rhyme or reason. It imposed an almost unbearable burden on the owners of the land, because they could not use the land properly. After eight years there were murmurings of it having been a mistake, just like that, but no change was made to the plan.

In a word, every single decision concerning Arab town planning is based on an attempt to make life as difficult and as uncomfortable as possible for Arabs. It also completely arbitrary and therefore there are no logical or coherent arguments that one can use which are persuasive within the system. Outside the system their rationale is obvious, but not within it and there are no officials to whom they may turn for salvation. And this rationale cannot be used in the courts.

Another result is that there is no building inspectorate because if there is no town plan permitting building, why do you need inspectors? However a vacuum has not been left: in place of an inspectorate used to enhance living, there is a policing of illegal buildings – not for the purposes of safety, efficiency of use, functionality or aesthetics, but rather for the purpose of imposing fines to the tune of tens of thousands of dollars per building. The state sues the person who built illegally, and as a consequence, after a show trial, the owner finds himself having to pay a fine which is about ten or twenty times the size of his monthly earnings. Naturally this is deliberate. Not only shall an Arab man not have his castle, but he shall not have the means to even live comfortably, if not at all lavishly. After one has been present in many of these hearings, they are so transparently evil that it becomes unbearable.

I would like to interject my own personal experience in the municipal court of Jerusalem, in my attempt to prevent the demolition of a home built without a license. The judge was an American Jew who had come on aliya to Israel so he and I shared at least the same language barriers, if not the same language. In defense of my client I quoted a South African court decision, S v. Govender, 1982 of the Transvaal Supreme Court, reported as 1986 (3) SA 969 (T)concerning the Urban Areas Act, which determined which areas or towns or neighborhoods were reserved for which racial groups. Govender, an Indian, had moved into a White area in Johannesburg and the State wished to expel him from that area. Justice Goldstone argued that seeing that housing was a basic need of a human being, and that there was no housing available for Govender, it would be unjust to expel him from the only housing he could find. This case marked the beginning of the collapse of the Urban Areas Act. I used this case, mutatis mutandis, in favor of my client, arguing that there was no housing available for him and that as he owned the land upon which he had built, but which had been zoned as “open landscape area” – a designation absent in all Jewish town plans – he built his house under duress, which is a mitigating circumstance of the Israeli criminal code, in order to protect his family. If the state wanted to destroy this house, it would have to provide alternative dwelling for my client.

Nobody had ever argued this before, and I understand that this was taken up to the Supreme Court behind the scenes, where my argument being dismissed on the grounds that “it was not from Israel’s legal system”. Naturally the moral and existential values included in it played no rôle in the court’s decision rejecting my argument. But there was a quite unexpected outcome to this case. I was called into the Justice’s chambers a short while thereafter and he told me he was leaving the municipal court and going to the family court. When I asked him the reason for this move he looked at me and said “How long can a man sign demolition orders for family homes?”

I wanted to cry and still do, even while writing this. Why? I believe that this Jewish principle of separation, this principle that determines that Jews are not the same species as goys, enforces a psychopathy on its adherents. The justice could not bear what he was doing, so he just ran away. He did not stop and stand up and ask what the hell was going on? What the hell was a state destroying the housing of human beings? Yet he knew that it was wrong. He knew that it was evil.

It is for this reason that I believe that Zionism has wrought is the destruction of the Jewish heart. After all, what is touched when we see the suffering of others? Our hearts. And I discovered that this heartlessness was not confined to Arabs. In a labor case, I represented a man of about 63 who was the head of a government hospital kitchen accused of stealing food. The “food” stolen was the leftovers of chicken soup the bones of which had been through three preparations, together with leftover vegetables on his and others’ plates. He took this “food” home for the thirteen cats which his mentally ill wife looked after in her madness. He was a religious Jew and would not consider putting her in a mental home. The reason for the accusation was that someone wanted his job. After I clarified the nature of the food and provided his history, his having been through four camps during the war, and his wife having lived underground in hiding for a couple of years, I burst out into tears, pointing out how grotesque the entire process was in all its aspects. The prosecutor replied by telling me “not to be so emotional” and my reply to her was that as soon as I no longer felt emotional about human suffering, I would give up the profession of law. I did win the case however, and the judge in the trial always spoke to me fondly when we met in other venues.

This hardness of heart finds expression with respect to the marriage of Arabs – both Christian and Moslem. There is no overall protection of non-Jewish marriage either in the Jewish state or in the militarily occupied territories of the West Bank and Gaza. Israel controls all ports and points of entry and exist into the Palestinian territory east of the River Jordan. The Jewish State treats some non-Jewish marriages as neither sacred nor as the basic building block of society. On the contrary. For twelve years now, marriage between Arabs with Israeli citizenship who live in Israel proper with spouses from either the militarily occupied West Bank and Gaza or even from abroad receive no conjugal rights in the Jewish State of Israel. Therefore an Israeli Arab has no rights to create a family in Israel if his spouse is from Palestinian territories or from abroad. West Bank Arabs are not allowed to bring in spouses from Jordan or elsewhere. In other words, Israel does its best to limit demographic growth of Arabs under its control. The hardships are unbearable in most cases: some couples have to split up, others lose their homes and/or their livelihood, are split off from families etc. etc. The barrier wall built on Palestinian land to protect Israel has split towns, village, families and homes to an egregious extent. It can take up to one or two hours for people to make a one-way trip to the other side of the wall.

It is clear therefore that there is a profound cruelty and inhumanity at the basis of the Israeli system and as the one example I gave demonstrated, it is not always confined to Arabs, except in 99% of the cases.

What can be observed from this overview of interlocking fields of endeavor, is that the Jewish regime in Palestine has done and continues to deprive Palestinians of many of their rights in law as well as their rights as human beings. Is it unreasonable to suspect that the Jewish regime has not let up in its efforts to ethnically cleanse Palestine of its non-Jewish residents, following the huge success of the Naqba or Catastrophe, as the Arabs call it, in 1948 when 90% of the Arab Palestinian population was expelled from Jewish-controlled Palestine?

I have been asked as to what I consider to be the solution to the Israeli-Palestinian conflict. There will never be a freely-agreed upon political solution unless the Jews admit to their theft and destruction of Palestine which nobody can see happening. But I do see Israel “bleeding” its Ashkenazi or “white” population leaving behind a far weaker country with no proper ruling elite. In this case, I do not see how a Jewish State will survive, despite its being a creation of the international banking cartel.

The author is an Israeli lawyer who has represented Palestinians in the Israeli courts. She has lived in Israel/Palestine for over fifty years and considers herself political dissident and lives in an Arab township. She writes out of her own experiences.

This article was originally published by "The Saker" -