liberal pretence of a jewish state125
two identities. Whether in the form of the aforementioned legislation
(see Chapter Two) severely limiting Arab political, social, cultural, mobility, family, and legal rights with the explicit intention of ‘preserving the
Jewish character of the state’, or in the recently proposed and currently
debated new Basic Law asserting that the identity of the state as Jewish
ought to be preserved “in situations in which the Jewish character of the
state clashes with its democratic character;” it is evident that the Knesset
itself sees a tension.5 Proposed in August 2011, this legislation, supported
by Kadima, Labour and Likud MKs, would amend the basic consensus
regarding the character of the state, and make democratic rule inferior in
principle to the state’s self-definition as the “national home for the Jewish
people.”6 Now, Yakobson and Rubinstein hold that there is “no justification
for seeing the shortcomings of Israeli democracy as proof that a Jewish
state is by definition contrary to democratic principles” (Yakobson and
Rubinstein 2009, 118). But the above political discourse and legislation
indicates that, in actuality, the failures of Israeli democracy are directly
attributable to the hierarchical incorporation regime resulting from the
Jewish character of the state. Hence, it is not the case that “the only way to
deny legitimacy to the concept of the Jewish state is to deny the Jewish
people the right to statehood” (Yakobson and Rubinstein 2009, 97, repeated
on 140). While this political line was adopted in 1947 by some of the
states opposed to the Partition Plan, denial of Jewish entitlement to statehood is certainly not the basis of the majority of the criticisms Israel faces
today. The notion of a Jewish state is rejected and criticized because the
devastating practices mentioned above are necessitated to ensure Jewish
domination. Put differently, it is the ideological, structural and institutional connection between the definition of Israel as a Jewish state, and
policies and practices of oppression and discrimination that are legitimately discredited and held to be in violation of international legal norms.
In the end, Yakobson and Rubinstein contend that “[t]he UN Partition
Plan was doomed to failure by the Arab-Palestinian leadership and the
countries of the Arab league, who rejected it and went to war” (Yakobson
and Rubinstein 2009, 59). Here the Arab rejection is posited by the authors
as a lack of compromise and cooperation that is contrasted with a Zionist
desire for recognition and peaceful dialogue. In fact, and as numerous
5 Jonathan Lis, “Lawmakers seek to drop Arabic as one of Israel’s official languages,”
Haaretz, August 4, 2011, http://www.haaretz.com/print-edition/news/lawmakers-seek-to
-drop-arabic-as-one-of-israel-s-official-languages-1.376829.
6 Ibid.
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