understanding politics, considerations

Whose Land is Whose?


August 24th, 2009 · India, Islam, Israel and the Middle East, Judaism, Law and Legal Affairs, Religion, Russia, World Affairs

RISHON LEZION, Israel — Haim Watz­man looks at the philo­soph­i­cal assump­tions that under­pin anti-Zionism and how they relate to the phi­los­o­phy of land-ownership:

[Phillips] Brooks argues that the land on which the state of Israel was cre­ated belonged to the Pales­tini­ans. There­fore, it is stolen. There­fore, Israel is founded on a crime. There­fore there is no dif­fer­ence between the land Israel took in 1948 and in 1967; it’s all stolen and held ille­git­i­mately and the Jews should return whence they came.

Now, that might sound like a voice of con­science to the unthink­ing. But if you think it through, it’s based on a con­cept of orig­i­nal­ism that makes no sense in the real world. In other words, for Brooks’ logic to work, there has to be some par­tic­u­lar point in his­tory in which the world’s ter­ri­tory was divided up fairly between dif­fer­ent nations. Then bad nations started con­quer­ing peace­ful ones to gain ter­ri­tory. Peace and jus­tice can be regained if every­one goes back to where they came from.

But of course there was no such point in his­tory. Brooks’ posi­tion also leads to log­i­cal absur­di­ties. Where is the aver­age Eng­lish­man, with his hope­less amal­ga­ma­tion of Celtic, Roman Saxon, Dan­ish, and Nor­man French lan­guages and gene pools, sup­posed to go? Should all the Arabs return to Ara­bia? Should India’s Aryan stock return to cen­tral Asia? What nation right­fully owns Malta? Istan­bul? Honolulu?

Watz­man is cor­rect. The first mis­take that anti-Zionists make is to claim that a coun­try named Pales­tine and inhab­ited by an Arab peo­ple col­lec­tively named Pales­tini­ans existed prior to Israel’s state­hood in 1948 — or even before the post-First World War man­date held by Great Britain after it gained con­trol of the region from the crum­bling Ottoman Empire. (This fal­lacy is fre­quently taught in coun­tries in the Mid­dle East and else­where in which school cir­ricu­lums are decided by depos­tic governments.)

In real­ity, the region known as Pales­tine was con­trolled by the Ottomans prior to 1918; var­i­ous pieces of land were owned by peo­ple includ­ing Arab, absen­tee land­lords; Jews who had either emi­grated or lived there for cen­turies; Arab farm­ers and nomads; and var­i­ous Chris­t­ian and Islamic com­mu­ni­ties. Sig­nif­i­cant por­tions of land were vacant, arid desert. It was a mix of com­mu­ni­ties. More­over, the Arabs who lived there — whether Mus­lim or Chris­t­ian — were not known as Pales­tini­ans until many, many decades later. A man in Gaza City had lit­tle in com­mon with some­one in Ramal­lah; they were surely not united by any sense of a com­mon, national iden­tity beyond their Arab eth­nic­ity and per­haps their religion.

The main mis­take, how­ever, is when anti-Zionists insist that all land — wher­ever it may be — should go back to their “orig­i­nal own­ers.” As Watz­man notes, this is incred­i­bly naive. Those anti-Semites on the Amer­i­can left prob­a­bly feel that the United States was respon­si­ble for the mas­sacre of native Amer­i­cans and the set­tling of their land. Of course, they are cor­rect — but I do not see any­one vol­un­teer­ing to return to Europe. Many racists on the Amer­i­can right who despise minori­ties likely come from Ire­land and south­ern Europe coun­tries — but their ances­tors, when they first came to the United States, were den­i­grated by the Anglo-Saxons who fore­bear­ers had orig­i­nally pop­u­lated America.

My point is that no one has an inher­ent right to be any­where. Human­ity left Africa for the Mid­dle East. From there, peo­ple spread to India, cen­tral Asia, and east­ern Europe. Then China, south­east Asia, Aus­tralia, Rus­sia, and west­ern Europe. Then north­east­ern Asia and later North and South Amer­ica. All of human his­tory is filled with peo­ple set­tling, invad­ing, and defend­ing land.

The only things that sep­a­rate the mod­ern, West­ern world from bar­bar­ian­ism with respect to land-ownership are 1.) civil soci­ety; 2.) the rule of law; and 3.) the idea of national sov­er­eignty. The only rea­sons that a per­son “owns” the ground inside a white, picket fence  is the fact that he has a piece of paper say­ing so — along with a col­lec­tive agree­ment within soci­ety to respect the doc­u­ment and a sys­tem of courts that will uphold its valid­ity. More­over, the idea stem­ming from the Treaty of West­phalia in 1648 that newly-defined nation-states have sov­er­eign bor­ders and the right of juris­dic­tion in all inter­nal affairs some­what less­ened prim­i­tive and medieval dis­putes over land.

How­ever, these three points are only com­mon agree­ments based in phi­los­o­phy and prag­ma­tism; they are not inher­ent in exis­tence itself. In places where a civil soci­ety, the rule of law, and national sov­er­eignty are either absent or in need of a firmer foun­da­tion — such as in both Israel and any forth­com­ing State of Pales­tine — then the Law of the Jun­gle rules.

Israel is rid­den with polit­i­cal, social, and reli­gious divi­sions (see here, here, and here) that have pre­vented any for­ma­tion of a civil soci­ety for decades. The sov­er­eignty of both Israel and any future Pales­tine are still up in the air as a result of dis­puted bor­ders and occa­sional vio­lence. Both the Israeli and Pales­tin­ian gov­ern­ments are rife with corruption.

What both ancient, world his­tory and the mod­ern, Mid­dle East show is that the mod­ern idea of land own­er­ship rests on a shaky foun­da­tion that can be eas­ily over­taken by cur­rent events. At the most basic level, the right­ful owner of a piece of land might just be the answer to one ques­tion: Who can obtain and defend it the best?