...Obama’s policies toward Israel are a radical departure from those of all his predecessors. They are out of line with the bipartisan positions of the American people. They can be defeated by his fellow Democrats while he is still president. And they can certainly be abandoned once he is gone. The Democrats have not abandoned Israel. And now is their time to support it.
Caroline Glick..
Column One/JPost..
14 July '15..
It works out that Barack Obama is a multi-tasker. Even as he and Secretary of State John Kerry have been devoting their attention to capitulating to Iran, they still managed to open a new front against Israel by buffeting the anti-Israel boycott movement.
Last week State Department spokesman John Kirby announced a radical new US policy regarding free trade with Israel that paves the way for all of Israel to be placed on the Boycott, Divestment and Sanctions (BDS) chopping block. The announcement came against the backdrop of two recent events.
Second, last month Obama signed the Trade Promotion Authority bill. Weeks before he signed it, both houses of Congress added a provision to the bill instructing US trade negotiators to “discourage politically motivated actions to boycott, divest from, or sanction Israel,” by foreign governments. The provision relates both to “business in Israel or in Israeli controlled territories.”
As Prof. Eugene Kontorovich pointed out in a recent article in The Washington Post, Congress’s action was in line with nearly 50 years of US policy.
Kontorovich explained, “US laws have long applied the same economic treatment to all areas under Israeli jurisdiction (including Jerusalem).
For example, the pair of anti-boycott laws passed in the late 1970s treat Israeli companies the same regardless of their location in relation to the Green Line. And the US-Israel Free Trade Implementation Act, first passed in 1985, affords ‘areas under Israeli jurisdiction’ the same treatment as all ‘Israeli’ products for US trade purposes.”
This brings us back to Kirby. On June 30, days after Obama signed the law, Kirby indicated that the administration will be less than aggressive in implementing the anti-BDS provision. To justify this unlawful behavior, Kirby claimed – falsely – that the provision “runs counter to longstanding US policy towards the occupied territories, including with regard to settlement activity....”
Kirby elaborated, again nonsensically and falsely, “The US government has never defended or supported Israeli settlements and activity associated with them, and by extension, does not pursue policies or activities that would legitimize them.”
As Kontorovich noted, there is no connection between supporting settlements and defending free trade. By conflating the two, the US government is now saying that it opposes all economic activity by Jews in areas that the US does not accept as part of sovereign Israel. It doesn’t matter if the business activity is a tourist site – like the Western Wall – in east Jerusalem which Obama visited during his run for the presidency in 2008, or an industrial park in the suburbs of Jerusalem or a winery in Samaria.
Then there is western Jerusalem. Since Obama insists that the US will not recognize that west Jerusalem is part of Israel, it naturally follows that his administration will not defend Jewish economic activity in the city from foreign governments who seek to boycott Jewish businesses and other activities. Since the Knesset is located in Jerusalem, it may very well be the case that the US will not object to parliamentary boycotts of the Knesset.
Given that there is no legal distinction between west Jerusalem and Tel Aviv, since both of them have been under Israeli sovereignty since 1948, it is reasonable to view the administration’s radical (and illegal) policy toward Jewish economic activity in areas the US doesn’t consider part of Israel as a stepping stone toward legitimizing full economic warfare against all Israeli territory.
While the administration’s position is alarming, it is far from clear that Obama will be able to advance his anti-Israel economic agenda.