6 No. 70 JUSTICE (“advocacy” or “explanation”). The second was the legal means; a war through both legislation (of which the Tel Aviv University project headed by Prof. Dina Porat was in charge) and by advocating for court rulings against the phenomena of antisemitism and the enforcement of such rulings. The third and more long-term method is the educational one: we learned firsthand how injecting antisemitic poison from a young age spurs wild growth later. In recent decades, a new element has joined the mix and affected all of its predecessors: the social media networks. Within social media, there are both the antisemitic contents, and those who promote it, which must be fought, no matter how hard that war is. Moreover, quite a few of the “legal” attacks in the international arena are tainted by antisemitism. In my opinion, the guiding line in all of these should be boldness and assertiveness, and the IJL has a role to play among the countries of the world: “We, the Jews and Israel, are not anyone’s punching bag – whoever seeks to punch you – punch him first.” As mentioned, it seems that antisemitism cannot be rooted out, because of the depth of its malignant roots in cultures and religions. But it must remain in the sewers and its flag bearers should be ashamed. In Israel we must work hand in hand with our brothers and sisters in the Diaspora, and decent non-Jews. This is not impossible, but patience and perseverance are necessary; Jews too have human rights. The Struggle for Peace and the Arabs in Israel Among the IJL’s goals should be the reminder that one should not forget the hope of peace even on gloomy days. Such messages can help the fighter on the front know that in Jerusalem there are those who think of better days than these, even if at present they may seem far away. The fight against Hamas does not contradict the hope for peace, and it may even strengthen it. To that end, a victory over Hamas may strengthen our relationships with Arab countries that made peace with us yet suffer from Islamic fundamentalism themselves, even if these countries publicly criticize Israel. With its Declaration of Independence, Israel extended a “hand of peace and good neighborliness” to our neighbors and proved this by making peace with Egypt and Jordan. This sentiment also exists in agreements with Lebanon and the Palestinians even if they completely failed or only partially succeeded. I was at Camp David in 1978, and I remember how Menachem Begin agonized over the issue of the Sinai settlements, until he finally decided to bring before the Knesset the decision to dismantle them – for the sake of peace. Nonetheless, equally we cannot err on the side of illusions. In his 1956 eulogy for Roy Rotberg, a resident of Nahal Oz who was murdered by terrorists from Gaza, Moshe Dayan, who was Chief of Staff at the time, said that “The longing for peace deafened him and he did not hear the sound of murder waiting in ambush.” The minorities in Israel make up over 20 percent of the country’s citizens and many of them bear the burden of fighting. This is particularly true among Druze and Circassians, but it also occurs among Muslims and Christians. I visited the families of two Druze lieutenant colonels who fell in the current war, Salman Habka and Alim Saad, in their village in the Galilee; my heart overflowed with Israeli pride. Many Israeli Arabs make up a significant part of our medical establishment and stand shoulder to shoulder in treating all the wounded. Without ignoring problematic phenomena, we must strengthen the effort to achieve equality for minorities mentioned in the Declaration of Independence, for the benefit of all. In the past I joined several esteemed professors and a Druze Brigadier General in a proposal to amend Basic Law: Israel, the Nation-State of the Jewish People, by addressing civil equality without harming the core of the Basic Law which affirms the national Jewish role of Israel. This effort unfortunately failed, but perhaps its time will come. In the meantime, let us all wish that the war will come to a victorious end, that the kidnapped hostages will return home, that the wounded will recover, and we will add a word of comfort and encouragement to the families of the fallen: that the unity with which they fought should be our legacy. n Justice Professor Elyakim Rubinstein retired in 2017 from his position as Deputy President of the Israeli Supreme Court. Prior to that, he served as Legal Advisor to the Ministries of Foreign Affairs and Defense, Government Secretary and Attorney General. He was involved in peace negotiations with all of Israel’s neighbors, including the Camp David Accords and the Peace Treaty with Egypt. He chaired the Israeli delegation to the Treaty of Peace Negotiations with Jordan. He is an associate professor in public policy and political science at the Hebrew University in Jerusalem. In 2023, he was elected to the IJL Board of Governors.
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