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[quote=Anonymous]Many Israelis who moved to the West Bank did so for reasons other than ideology, and among the settlers, there is a large majority who aren’t involved in violence or other illegal acts against Palestinians. And many within the Israeli government fought to expand the rule of law into the territories, with some success. But they also faced harsh pushback, with sometimes grave personal consequences. Prime Minister Yitzhak Rabin’s efforts in the 1990s, on the heels of the First Intifada, to make peace with Yasir Arafat, chairman of the Palestine Liberation Organization, gave rise to a new generation of Jewish terrorists, and they ultimately cost him his life.

The disagreement over how to handle the occupied territories and their residents has bred a complex and sometimes opaque system of law enforcement. At its heart are two separate and unequal systems of justice: one for Jews and another for Palestinians.

The West Bank is under the command of the I.D.F., which means that Palestinians are subject to a military law that gives the I.D.F. and the Shin Bet considerable authority. They can hold suspects for extended periods without trial or access to either a lawyer or the evidence against them. They can wiretap, conduct secret surveillance, hack into databases and gather intelligence on any Arab living in the occupied territory with few restrictions. Palestinians are subject to military — not civilian — courts, which are far more punitive when it comes to accusations of terrorism and less transparent to outside scrutiny. (In a statement, the I.D.F. said, “The use of administrative detention measures is only carried out in situations where the security authorities have reliable and credible information indicating a real danger posed by the detainee to the region’s security, and in the absence of other alternatives to remove the risk.” It declined to respond to multiple specific queries, in some cases saying “the events are too old to address.”)
According to a senior Israeli defense official, since Oct. 7, some 7,000 settler reservists were called back by the I.D.F., put in uniform, armed and ordered to protect the settlements. They were given specific orders: Do not leave the settlements, do not cover your faces, do not initiate unauthorized roadblocks. But in reality many of them have left the settlements in uniform, wearing masks, setting up roadblocks and harassing Palestinians.

All West Bank settlers are in theory subject to the same military law that applies to Palestinian residents. But in practice, they are treated according to the civil law of the State of Israel, which formally applies only to territory within the state’s borders. This means that Shin Bet might probe two similar acts of terrorism in the West Bank — one committed by Jewish settlers and one committed by Palestinians — and use wholly different investigative tools.

In this system, even the question of what behavior is being investigated as an act of terror is different for Jews and Arabs. For a Palestinian, the simple admission of identifying with Hamas counts as an act of terrorism that permits Israeli authorities to use severe interrogation methods and long detention. Moreover, most acts of violence by Arabs against Jews are categorized as a “terror” attack — giving Shin Bet and other services license to use the harshest methods at their disposal.

The job of investigating Jewish terrorism falls to a division of Shin Bet called the Department for Counterintelligence and Prevention of Subversion in the Jewish Sector, known more commonly as the Jewish Department. It is dwarfed both in size and prestige by Shin Bet’s Arab Department, the division charged mostly with combating Palestinian terrorism. And in the event, most incidents of settler violence — torching vehicles, cutting down olive groves — fall under the jurisdiction of the police, who tend to ignore them. When the Jewish Department investigates more serious terrorist threats, it is often stymied from the outset, and even its successes have sometimes been undermined by judges and politicians sympathetic to the settler cause. This system, with its gaps and obstructions, allowed the founders of groups advocating extreme violence during the 1970s and 1980s to act without consequences, and today it has built a protective cocoon around their ideological descendants.

Some of these people now run Israel. In 2022, just 18 months after losing the prime ministership, Benjamin Netanyahu regained power by forming an alliance with ultraright leaders of both the Religious Zionism Party and the Jewish Power party. It was an act of political desperation on Netanyahu’s part, and it ushered into power some truly radical figures, people — like Smotrich and Itamar Ben-Gvir — who had spent decades pledging to wrest the West Bank and Gaza from Arab hands. Just two months earlier, according to news reports at the time, Netanyahu refused to share a stage with Ben-Gvir, who had been convicted multiple times for supporting terrorist organizations and, in front of television cameras in 1995, vaguely threatened the life of Rabin, who was murdered weeks later by an Israeli student named Yigal Amir.
Now Ben-Gvir was Israel’s national security minister and Smotrich was Israel’s finance minister, charged additionally with overseeing much of the Israeli government’s activities in the West Bank. In December 2022, a day before the new government was sworn in, Netanyahu issued a list of goals and priorities for his new cabinet, including a clear statement that the nationalistic ideology of his new allies was now the government’s guiding star. “The Jewish people,” it said, “have an exclusive and inalienable right to all parts of the land of Israel.”

Two months after that, two Israeli settlers were murdered in an attack by Hamas gunmen near Huwara, a village in the West Bank. The widespread calls for revenge, common after Palestinian terror attacks, were now coming from within Netanyahu’s new government. Smotrich declared that “the village of Huwara needs to be wiped out.”

And, he added, “I think the State of Israel needs to do it.”[/quote]

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