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Stephen Gottlieb: The Middle East, European Colonialism And The Result Of Blank Checks

Steven Pinker, in The Better Angels of our Nature, argued we’ve become less bloody over the centuries. But so many issues involve life and death. For two weeks this country has been discussing how to stop school shootings. This week let’s address life and death in the Middle East. Next week, events permitting, let’s discuss two issues that threaten life worldwide.

I can count on hate mail whenever I speak about the Middle East. But let’s put some things in perspective.

The world’s refugee problem swamps most countries’ willingness to take people in. Our government wants to restrict immigration and we fight over who and why. Reaction to flows of refugees threaten democratic governments across Europe and contributed to the vote for Brexit. In addition to their own disputes, the American military footprint has aggravated war and population displacement in Libya, Syria, Iraq, and Palestine among many countries in the Middle East and elsewhere.

Stepping back historically and geographically, most countries are dominated by conquering populations. This country conquered and decimated Native Americans to create our bi-coastal America. A succession of warring populations, Huns, Visigoths, Franks, Saxons, Vikings and more, fought for Europe long before the modern wars.

This has hardly been a good way of solving problems or competition for land. But even more harm lurks in the suggestion that we undo it.

The creation of Israel was plainly the result of European refusal to accept its Jewish population. Historically, the Turks in the Ottoman Empire, and the Moors in Spain, before Ferdinand and Isabella Christianized it, were much more hospitable to Jews. The twentieth century brought these problems to a head. Europe could have solved these problems. But seeing the handwriting on many walls in the 1930s, people like Justice Brandeis, then on the U.S. Supreme Court, were telling friends in Europe to get out quickly. But where to? Franklin Roosevelt, despite close personal and professional relationships with many Jews, blocked boatloads of Jewish refugees from our shores for political reasons.

So the west solved its problem by exporting it – to Palestine. Everyone was a victim in this process. Jewish refugees were uprooted and they in turn uprooted Palestinians. What to do?

At about the same time, Britain was facilitating the breakup of the Indian subcontinent into India and Pakistan. It cost something like a million lives and uprooted many times that. The two countries still find it difficult to get along, but undoing 1948 is not on the table. It cannot be.

It is not true that whatever is, is just. That was proposed by the conservative philosopher Robert Nozick and I most emphatically reject it. But redressing all the wrongs of the past comes at a cost which will involve many who themselves were neither perpetrators nor victims and sometimes both. The argument about who was right and who was wrong in Palestine is not a soluble argument. No one was treated as they should have been. But even more important, fixing those wrongs implies a fight to the death of everyone there. That I cannot wish.

I cannot support complete and utter conquest for either side. We might once have insisted on an enforceable compromise. America once played a role as an honest broker and could have maximized the chance for peace. But we could not continue to play that role while giving Israel a blank check to violate its promises about settlements. The result, I fear, is going to be tragic. It may simply be too late to avert widespread disaster.

Steve Gottlieb is Jay and Ruth Caplan Distinguished Professor Emeritus at Albany Law School. A widely recognized constitutional scholar, he has served on the New York Civil Liberties Union board, the New York Advisory Committee to the U.S. Civil Rights Commission and was a US Peace Corps Volunteer in Iran. His latest book is Unfit for Democracy: The Roberts Court and The Breakdown of American Politics.

The views expressed by commentators are solely those of the authors. They do not necessarily reflect the views of this station or its management.