The Jewish Nation State Bill Passes

The Knesset has passed the Jewish nation state bill after long debate. I wrote about an earlier iteration of the bill in 2014, and I am re-upping my post in light of the news. My basic view is the same as it was then: in light of the practices of neighboring states, there seems to be little reason to single out the Israeli bill for special criticism. Here is the prior post:

I want to veer off-topic to discuss the recent proposal in Israel to declare the state to be the nation-state of the Jewish people. The “Jewish Nation State” proposal has gotten a lot of attention from lawyers and others. It may be a good idea and it may be a bad idea (Israeli citizens are fiercely debating it in the press and in the Knesset), but what I am trying to understand is why it is a controversial idea in principle in light of the self-definition of most states in the region as Arab nation-states (except maybe Iraq, which has a Kurdish region and whose constitution shows American influence, and Iran, which of course is not an Arab state).

  • Palestine. “Palestine is part of the larger Arab world, and the Palestinian people are part of the Arab nation. Arab unity is an objective that the Palestinian people shall work to achieve.” (Palestine 2003 Amended Basic Law art. 1).
  • Egypt. “The Arab Republic of Egypt is a sovereign, united, indivisible State, where no part may be given up, having a democratic republican system that is based on citizenship and rule of law. The Egyptian people are part of the Arab nation seeking to enhance its integration and unity. Egypt is part of the Islamic world, belongs to the African continent, cherishes its Asian dimension, and contributes to building human civilization. Islam is the religion of the State and Arabic is its official language. The principles of Islamic Sharia are the main source of legislation.” (Egypt Const. art. 1-2).
  • Lebanon. “Lebanon is a sovereign, free, and independent country. It is a final homeland for all its citizens. It is unified in its territory, people, and institutions within the boundaries defined in this constitution and recognized internationally. Lebanon is Arab in its identity and in its affiliation. It is a founding and active member of the League of Arab States and abides by its pacts and covenants.” (Lebanon Const., preamble).
  • Syria. “The Syrian Arab Republic is a democratic, popular, socialist and sovereign state. No part of its territory can be ceded. Syria is a member of the Union of the Arab Republics. The Syrian Arab region is a part of the Arab homeland. The people in the Syrian Arab region are a part of the Arab nation. They work and struggle to achieve the Arab nation’s comprehensive unity.” (Syria Const. art. 1).
  • Jordan. “The Hashemite Kingdom of Jordan is an independent sovereign Arab State. It is indivisible and inalienable and no part of it may be ceded. The people of Jordan form a part of the Arab nation, and its system of government is parliamentary with a hereditary monarchy. Islam is the religion of the State and Arabic is its official language.” (Jordan Const. art. 1-2).
  • Saudi Arabia. “The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God’s Book and the Sunnah of His Prophet, God’s prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital.” (Saudi Arabia Const. art. 1).
  • Kuwait. “Kuwait is an Arab State, independent and fully sovereign. Neither its sovereignty nor any part of its territory may be relinquished. The people of Kuwait is a part of the Arab Nation.” (Kuwait Const. art. 1).
  • United Arab Emirates. “The Union is a part of the Great Arab Nation, to which it is bound by the ties of religion, language, history and common destiny. The people of the Union are one people, and one part of the Arab Nation.” (UAE Const. art. 6).
  • Yemen. “The Republic of Yemen is an Arab, Islamic and independent sovereign state whose integrity is inviolable, and no part of which may be ceded. The people of Yemen are part of the Arab and Islamic Nation”. (Yemen Const. art. 1).
  • Oman. “The Sultanate of Oman is an Arab, Islamic, Independent State with full sovereignty and Muscat is its Capital.” (Oman Const. art. 1).
  • Qatar. “Qatar is an independent sovereign Arab State. Its religion is Islam and Shari’a law shall be a main source of its legislations. Its political system is democratic. The Arabic Language shall be its official language. The people of Qatar are a part of the Arab nation.” (Qatar Const. art. 1).

Now, of course the borders within which the Jewish state should exist are disputed, and the treatment of ethnic and religious minorities in Israel is a pressing issue, as is the treatment of minorities in many Arab states (and one may ask, of course, about the absence of Jewish communities in many of those states and ask why the Jewish communities there are absent). But why is the idea of a Jewish nation-state remotely controversial, in a region dominated by self-defined Arab nation-states? Is the real objection to it fear about the reaction it will spark, rightly or wrongly, among Israel’s neighbors rather than any more principled objection? That is how it appears to me, anyway.

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