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Israel, free speech, and the Oxford Union

The collapse of a public debate on the Israeli-Palestinian conflict is a case-study of the vulnerability of open dialogue to closed minds, says Avi Shlaim.


Israel is often portrayed by its supporters as an island of democracy in a sea of authoritarianism. But these very same supporters, in their excessive zeal for their cause, sometimes end up by violating one of the most fundamental principles of democracy - the right to free speech. While accepting free speech as a universal value, all too often they try to restrict it when it comes to Israel and its treatment of the Palestinians. The result is not to encourage but to stifle debate about the Israeli-Palestinian conflict.

Avi Shlaim is a professor of international relations at St Antony's College, Oxford.

Among his books are The Iron Wall: Israel and the Arab World (WW Norton, 1999) and (as co-editor) The War for Palestine: Rewriting the History of 1948 (Cambridge University Press, 2001). His most recent book is Lion of Jordan: the Life of King Hussein in War and Peace (Penguin, 2007)

Britain prides itself on its tradition of free speech and civilised debate on all subjects, including Israel. The great majority of British Jews are part of this tradition. Jonathan Sacks, the Chief Rabbi, is a notable example of this fair-minded, liberal, and pluralistic tradition. One of his sixteen books is called The Dignity of Difference: How to Avoid the Clash of Civilizations. On the other side of the Atlantic, on the other hand, the public debate on the subject of Israel is much more fierce and partisan, leaving relatively little space for the dignity of difference. The passion with which many prominent American Jews defend Israel betrays an atavistic attitude of "my country, right or wrong".

One example is Alan M Dershowitz, the Harvard law professor and crusader on behalf of Israel. One of his books is called The Case for Israel. As the title suggests, this is not an objective, academic treatise but a lawyer's brief for his client. The lawyer in question is no friend of free speech when it comes to criticism of Israel, however well substantiated. Recent events in Oxford suggest that those of us who thought that attempts to stifle free debate about Israel are confined to American campuses need to think again.

A debate dissolves

The Oxford Union is one of the world's most illustrious debating chambers and a bastion of free speech. It was founded in the 19th century to uphold the principle of free speech and debate in England at a time when they were being severely curtailed. Recently, however, the union failed to live up to its lofty ideals. A debate was scheduled for 23 October 2007 on the motion "This house believes that one-state is the only solution to the Israel-Palestine conflict". Ilan Pappé, Ghada Karmi and I agreed to speak for the motion; Norman G Finkelstein, the American-Jewish academic, David (Lord) Trimble, the Northern Irish politician, and Peter Tatchell, the gay-rights activist, accepted the invitation to speak against. In the end the debate took place without any of the scheduled speakers after an ugly and acrimonious, American-style row over the make-up of the panel.

Various friends of Israel complained to Luke Tryl, the president of the Oxford Union, that the debate was "unbalanced" because it included Norman G Finkelstein, a well-known critic of Israel, on the "pro-Israel" side. What they failed to grasp, or deliberately chose to ignore, was that the motion was not for or against Israel but about alternative solutions to the Israel-Palestine conflict. Professor Dershowitz was the first and the most aggressive of the protestors. He himself had been invited to speak but he replied that he would participate only if he could dictate the motion and approve the other speakers. These preposterous conditions were rejected and Dershowitz stayed away. But he did not simply sulk in his tent: that is not his style. He wrote to Tryl that it was outrageous for the union to give Finkelstein a platform but, once again, he met with a rebuff. Dershowitz then turned his polemical blunderbuss directly against Finkelstein, calling him "an anti-Semitic bigot" in an article he posted on FrontPageMag.com on 19 October 2007 under the title "Oxford Union is Dead".

Peace Now-UK co-chair Paul Usiskin not only added to the pressure on Tryl to drop Finkelstein but offered to take his place. On 14 October a small delegation of Oxford undergraduates went to see Tryl to question the inclusion of Finkelstein and Tatchell on the "pro-Israel" side and to argue that the whole debate was unbalanced. It is perfectly legitimate for members of the union to communicate their concerns to their president. But the insistence on balance in relation to an unbalanced international actor like Israel raises more questions than it answers.

openDemocracy writers analyse and argue over the cultural politics of the Israeli-Palestinian dispute:

Stephen Howe, "Israel, Palestine, and campus civil wars" (14 December 2004)

Stephen Howe, "Boycotting Israel: the uses of history" (24 April 2005)

Jacqueline Rose, "Nation as trauma, Zionism as question: an interview" (17 August 2005)

Linda Grant, "Boycotting Israel: a reply to Jacqueline Rose" (21 August 2005)

Omar Barghouti, "The morality of a cultural boycott of Israel" (20 September 2005)

Samir El-youssef, "Against boycott and its rhetoric: a reply to Omar Barghouti" (17 October 2005)

...and something different:

Bissane El-Cheikh, "Lebanon and Israel: back seat, front line" (1 August 2007)

Israel's policies towards the Palestinians surely cannot be described as balanced by any stretch of the imagination. The Biblical injunction of "an eye for an eye" is grisly enough, but Israel goes even farther by its habitual practice of exacting an eye for an eyelash! As Israel's policy towards the Palestinians becomes more heavy-handed and violent, the very notion of balance needs to be re-examined. Luke Tryl displayed neither wisdom nor courage in dealing with these broader issues and he eventually caved in to the pressure. On 19 October, four days before the debate, he curtly informed Finkelstein that his invitation was rescinded. Paul Usiskin realised his burning ambition to be included in the debate as a member of the team opposing the motion.

On 21 October I wrote to Luke Tryl: "I understand that you have been subjected to a lot of pressure recently. You have my sympathy. But perhaps it was a mistake to give in to the pressure. Some people are never satisfied. In any case, I cannot see how dropping Norman Finkelstein can be squared with the principle of free speech."

Paul Usiskin greatly inflated his own part in this sorry saga in the hopelessly distorted account he gave to the correspondent of the Jerusalem Post. He even claimed the credit for having prevailed on Tryl to drop Finkelstein, although Dershowitz has a stronger claim to this dubious distinction. Usiskin told the Post that the proposers of the one-state solution were disgruntled at his inclusion in the debate and demanded Finkelstein's re-invitation. The truth of the matter is that it was not of the slightest interest to me whether Usiskin took part in the debate or not. My only concern was with the infringement of the principle of free speech at my own university by excluding an academic expert from the debate on solutions to the Israeli-Palestinian conflict. The fact that Finkelstein and I were on opposite sides of the debate was irrelevant. Finally, Usiskin told the Jerusalem Post that I am a key figure in the campaign for the academic boycott of Israel. In fact, I strongly oppose the boycott because it would infringe the freedom of Israeli academics.

Démarche and diminuendo

In the two days before the debate was due to take place, all other five of the original speakers pulled out. David Trimble, not unreasonably, was fed up with all the controversy. So was I. Luke Tryl invited me to take part in the debate as far back as 11 July. Although I did not like the motion, I made no attempt to modify it out of respect for the student officers of the union. Nor did I try to influence the line-up of the speakers. Tryl left me the choice to speak either for or against the motion and I hesitantly opted to speak for. I have in fact always been a supporter of the two-state solution but I planned to argue that that since Israel is systematically destroying the basis for a genuine two-state solution by its constant expansion of Jewish settlements on the West Bank, the one-state is the only remaining alternative. These nuances were lost in the media reports and spin that came to surround the collapse of the debate.

My colleagues and I did not withdraw from the debate when we realised that we were going to lose, as our detractors told the media. Our démarche was intended as a protest against the shabby treatment of our academic colleague and the violation of the principle of free speech at the Oxford Union. Even at the eleventh hour we were still ready to rejoin the debate but only on condition that Norman G Finkelstein was re-invited. He was not re-invited, so we stayed away. The debaters on the night were the ubiquitous Paul Usiskin and five students. The motion was defeated by 191 votes to 60. Groucho Marx once said to his host: "I had a great evening but this was not it!" I feel somewhat the same way about this particular Oxford Union debate.

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Avi Shlaim, Lion of Jordan: the Life of King Hussein in War and Peace (Penguin, 2007)

 

 
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ianniscarras said:



Tue, 2007-11-13 17:29
How about Open Democracy hosting the same debate on line? Each speaker (or at least any of the above mentioned that agree and a few others just so as to overcome the rather silly situation described) could be given the same no. of words to set out his or her case for or against the resolution, and a smaller no. of words to comment of the other contributions. After all, it is not a pro or anti debate in the sense of who is right and who is wrong, but rather a question of the sort of solution to a very difficult situation that might prove the more acceptable in the medium term. I.C.
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ai_1 said:



Wed, 2007-11-14 20:09
The argument put forward by Professor Shlaim is, frankly, disingeneous. There are several schools of thought in favour of a one-state solution, the main ones being proponents of Greater Palestine and of Greater Israel, respectively. Likewise, proponents of the two-state solution might have originated in different corners of the political map, in particular on the moderate sides of both Palestinian and Israeli polity. Had there been representatives of all schools of thought on both sides of the debate, Professor Shlaim's argument that this was not a pro-or-against debate on Israel would have been appropriate. Except that there were not. The three chosen proponents of the one-state option are not just fierce critics of Israeli policies (and many might join in much of this criticism, inclusive of me). They are opponents of the existence of Israel as a Jewish national project. A legitimate point of view in democracy, but one that hardly renders the debate disjoint from the broader pro-or-against-Israel theme. And on the other side? Peter Tatchell, an admirable and principled individual who, alas, was for decades... in favour of a one-state solution. (And who, in his own words, agreed to plead in favour of a two-state solution only as a -- hopefully interim -- measure to alleviate the suffering of Palestinians.) Norman Finkelstein, whose entire point of view is fiercely anti-Israeli and against the legitimacy of Israel. And Lord Trimble, who in these issues is no more than a sympathetic bystander. Note: not one supporter of the two-state solution able, in a well-informed manner, to argue it on ideological and principled grounds. There are endless such individuals, whether in the Fatah or in Peace Now or the Israeli Labour Party... A good analogy to this Oxford Union debate would have been a debate billed as "for or against evolution", in which on the "against" side there are three creationists, while two of the "pro" speakers support "intelligent design". In such circumstances, it would have been rather harsh to accuse proponets of evolution to cry faul and ask for the lineup to be changed! Professor Shlaim has every right to his views and every right to argue them (as, by the way, does Professor Derschowitz), but an honest and fair debate requires speakers who reflect substantive views on both sides of the issue at hand. Having "opponents" who, in essence, help you to put forward your own views is consistent with agitprop, not with honest debate. If Professor Shlaim is confident in his views, he should be willing to confront real, not straw, arguments and principled speakers for the other side.
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hdwyrain said:



Thu, 2007-11-15 00:57
In his article Avi Shaim talks of Israel's heavy handed treatment of the Palestinians. Perhaps he has a suggestion of a better way for the Israeli's to treat a people who daily launch rockets at innocent civilians. Israel does not usually initiate the action, if the Palestinians stopped acting maybe the Israelis would stop reacting. However I strongly support his support for free speech. I also support the idea of a Palestinian State where the ordinary decent Palestinian people can live in peace. This is a forlorn hope while the terrorist organisations in the Palestinian areas have as their priority the destruction of Israel. In effect Palestinian aspirations are scuppered by other Palestinians.
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JoyWo said:



Thu, 2007-11-15 06:10
If anything shows up how nothing Avi Shlain says can be trusted, this article is it. What a travesty of the truth of what really happenedAny intelligent person knows that in order to debate you have to have two sides with opposing views. A line up of Avi Shlain, Ilan Pappe and Ghada Karmi speaking against Israel with Norman Finkelstein on the side opposing them has to be the joke of all time Norman Finkelstein speaking FOR IsraeI is rather like Neturei Karta on a pro Israel demonstration!!!! When the Union decided to withdraw the invitation to Finkelstein because of his unsuitability, it was Shlain, Pappe and Karmi who voluntarily withdrew in protest. Clearly they did not feel confident in debating the issue unless one of the opposition was virtually on their side too. To claim this was a contradiction of Open Democracy is dishonest and far from the truth. Perhaps what Shlain likes least is that the debate DID go ahead, with five students and Paul Usiskin of Peace Now participating and the motion ofr a one state solution was defeated We are used to the likes of Shlain and Pappe twisting or reinventing the reality of Israel, and this article is another example of that which hopefully might open some people's eyes to the type of self hating Israelis we are dealing with
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timbirdmm said:



Thu, 2007-11-15 14:08
Who'd have thought it. You write a reasonable piece about Israel-Palestine, and the nutters come out of the woodwork ... Firstly, Finkelstein's position is not "against the legitimacy of Israel" as one commenter above suggests - a ludicrous slur which she would have a great deal of trouble backing up. And as for the equally ridiculous "The three chosen proponents of the one-state option ... are opponents of the existence of Israel as a Jewish national project" - well, no shit. The only way you could possibly advocate a one-state solution and the existence of Israel as a Jewish national project would involve either the displacement of the Palestinians, or their complete disposession within an Apartheid system. Equally of course, advocating a bi-national one-state solution entails opposing the existence of Palestine as a Palestinian national project - but the commenter doesn't see fit to mention this. Another commenter writes that "if the Palestinians stopped acting maybe the Israelis would stop reacting" - conveniently forgetting the forty-year long occupation Israel is presiding over; and the fact that the ratio of Palestinian to Israeli deaths last year was 30:1. And before we have to endure more spurious arguments about Israeli security, let's recall that the settlement programme represents a transfer of civilians into an occupied area - are we to believe this is designed to make them safer? Please. This is a great article, and we ought to be distressed and ashamed at the Oxford Union's performance - not to mention alarmed at the burgeoning power of the pro-Israeli lobby.
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maceoin said:



Thu, 2007-11-15 15:27
I have never been much of an admirer of the university debating system. It's great for would-be lawyers and politicians, but it can distort any attempt to get at the truth of a matter. Debaters regularly take contradictory positions, just to show they can argue cogently against their own opinions. If you plan to be a lawyer who may have to defend someone you know is guilty or prosecute someone you are sure is innocent, this is good training. But when it comes to debating important issues like the 'one state solution', it can lead astray, particularly when the array of speakers is as unbalanced as this one would have been. Speaking of Alan Dershowitz, Shlaim says 'One of his books is called The Case for Israel. As the title suggests, this is not an objective, academic treatise but a lawyer's brief for his client.' I am stunned by this. None of the other speakers has written an objective tyreatise, but all have been advocates of their particular theories. The Case for Israel is a well researched, well argued, and very reasonable book that does not masquerade as anything but advocacy for Israel. So what is Shlaim's beef about it, and why does he let Finkelstein, Pappé et al off so llightly?
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nick_myst said:



Thu, 2007-11-15 17:20
Why is it that half of the articles I read about Israel-Palestine are about academic controversies in Europe and North America? Surely there are more important elements of the issue to focus on. The intensity of focus on the issue is unhealthy and distracting, and isn't made any easier by the likes of Dershowitz crying "anti-Semitism". As much as I'd like to sound balanced and not invoke the "israeli lobby", I believe, to quote Shakespeare, that "the lady doth protest too much".
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ai_1 said:



Thu, 2007-11-15 18:51
timbirdmm is welcome to disagree with me: this is in the nature of democratic debate. But it is healthy in democratic debate to maintain basic elements of intellectual honesty and, specifically, to refer to your opponent's real arguments, rather than attributing to them straw arguments. So, firstly, Finkelstein is on record stating that the founding of Israel was misguided. A perfectly defensible position, but one that certainly questions the legitimacy of Israel. Secondly, "Equally of course, advocating a bi-national one-state solution entails opposing the existence of Palestine as a Palestinian national project - but the commenter doesn't see fit to mention this." is, at best, an ignorant piffle, at worst misleading. There are (as I mentioned in original post) two "one state" schools of thought: Greater Israel and Greater Palestine. The first creates a unitary state in which Palestinians will be at best dispossessed of their national rights, at worst pushed to emmigrate. The second creates a unitary state in which Jews will be at best dispossessed of their national rights, at worst pushed to emmigrate. In my view they are both equally objectionable, but I can see that there will be those who have different views. But such views should be honest: that's why Ghada Karmi's view of Greater Palestine or Effi Eitam's view of Greater Israel, while objectionable, are at least honest. The idea that, somehow, after hundred years of bitter and bloody struggle, you can push a button and cause Palestinians and Israelis live together in peace and disinvest themselves of their national feelings and dreams is at best a naive attempt to play with other peoples' lives, at worst a smoke screen for one nationalism taking over the entire stretch of land between Jordan and the sea. Which brings me to the original point. Why do proponents of a one-state solution refuse to debate with people that really believe in a two-state solution – not as a temporary measure or a sad-yet-necessary settlement, but as a principled compromise between two legitimate national projects?
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Paul Usiskin said:



Fri, 2007-11-16 09:27
I have just read Avi Shlaim's article of 13th November.
I have already apologised in print to Professor Shlaim for lumping him
together with those who sought to boycott Israeli academe. I am happy to
repeat that here. But it didn't and doesn't help Professor Shlaim's case
that he was willing to debate at the Union as part of a team which included
two avowed and reputed supporters of such a boycott. As Professor Shlaim
himself virtually acknowledges, boycott is a real deprivation of freedom of
speech.

I would urge Professor Shlaim to adopt a slightly more cautious stance on
the media than he has taken, with regard to my own role in the Oxford Union
debate on the 1 state solution. His twice repeated attack on me –here and in
a blog – are unwarranted. I never claimed the credit for having prevailed on
the President of the Union for dropping Norman Finkelstein. That is a press
interpretation. The impact of Lord Trimble's withdrawal from the debate was
much more profound on the President of the Union, Luke Tryll, than anything
Professor Dershowitz said. Various press reports made other inaccurate
claims about the whole matter including the Jerusalem Post which in an
article by Dershowitz announced inter alia that the debate had been
cancelled. That was never the case.

As to my “burning desire” to be in the debate the Professor should know that
I was approached about participating in the debate some six-eight weeks in
advance of it. I didn't offer to replace Professor Finkelstein, I was asked
less than a week before the debate to participate in it . What I hoped for
was a fair and balanced debate. In contrast to Professor Shlaim who seems to
have said all he has to say on the issue from an academic perspective and in
only one sentence, I believe in a two state solution from an activist’s
perspective, and one that reflects the views of the organisation I co-Chair.
Peace Now-UK echoes the views of Shalom Achshav-Peace Now-Israel and opposes
the occupation and believes in the evacuation of West Bank settlements and a
negotiated settlement for a two state solution. I believe in this because it
is the only practical solution providing national self-determination for the
Palestinians. And in case readers’ are still unclear that places me in the
critical Zionist camp – some would even say left wing – but not with the
American Jewish right.

I wholeheartedly endorse the Professor’s comment that Israel seems to be
"systematically destroying the basis for a genuine two-state solution" and
would have welcomed his perspectives on how this can be stopped. Equally I
would have wanted to hear how the one state solution he was supporting would
be realised.

Professor Shlaim cites Chief Rabbi Sacks book "The Dignity of Difference" as
an example of freedom of speech, forgetting that there were two editions of
this work. In the first the Chief Rabbi claimed basically that God was the
God of everyone. At the same time he made critical comments about Israel's
military and Jewish morals. Under attack from Anglo-Jewish orthodoxy he
withdrew the book and removed the shared deity idea for the second edition.

It seems to me that the whole vital issue of a one state versus a two state
solution has been allowed to become suffused in other and unnecessarily
convoluted matters, with accusations of all kinds including personal slurs
emitted. There was a certain academic arrogance about the withdrawal of the
trio of original proponents of the motion and an attempt to deflect that by
accusations of outside interference which was not quite as they made it
appear. This was further reflected in a speech on their behalf by one of
Professor Shlaim’s students before the debate began which sought to
undermine the debate altogether, as if having withdrawn from it, the trio
were determined that no one else should hold it. And as the President of the
Union reminded us after that, Professor Finkelstein had already spoken at
the Union a few months before.

It is also a shame that in his openDemocracy piece Professor Shlaim
disdained the debate that did take place. The five students who stood in for
all those who withdrew were: Jamie Furniss from Canada who has won the World
Debating Championships, Alex Worsnip member of the top-ranked team at the
European Debating Championships and the English Championships; Andrew
Goodman and Ben Jasper who have both won multiple debating competitions; and
Lewis Turner who has reached the knockout stage of the European Debating
Championships. They were all excellent and would put to shame most of our
current parliamentarians and not a few of our academics.

It is at Professor Shlaim’s University that further and proper debate on the
one state/ two state solutions needs to take place. I fear that in the
welter of public declamations since the Oxford Union debate, that further
discourse is being obscured. Paul Usiskin, Peace Now-UK
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Peter H said:



Sun, 2007-11-18 23:28
Ai-1, I agree with you that the makeup of the debate panel was flawed, for some of the reasons you mention. However, if you're going to make supporting the creation of Israel a litmus test to arguing in favor of 2-state solution, then you've pretty much disqualified any Palestinian from participating on that side of the debate. I seriously doubt there is any Palestinian of notable stature, Mahmoud Abbas or Sari Nussbieh included, who would agree that the creation of Israel was justified. Also, it is unfair to equate proponents of a "secular, democratic state" like Ghada Karmi to Effi Eitam or other proponents of a "Greater Israel". Kharmi supports a unitary, one-man, one-vote polity without reference to ethnicity or religion, modeled on post-apartheid South Africa. Eitam supports an "Eretz Israel" where Palestinians have neither their own state nor the right to vote within Israel. It may be true that such a "secular democratic state" would be unworkable in practice (I personally oppose it for many reaons),but it cannot be equated to a form of Israeli domination that necessarily requires the denial of Palestinian political (and human) rights. I agree with you a true debate on the merits of a 2-state v a 1-state solution should include represenatives on all sides. Even though the "secular democratic state" has received the lion's share of attention, there are many different visions of what a binational state would look like. It should be pointed out that there are self-described Zionist supporters of a binational state like Meron Benvenisti and Daniel Gavron, and I think a future Oxford panel would do well to include somebody in this category on the 1-state side.
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eric_5 said:



Fri, 2007-11-23 09:58
Since the merits of different outcomes of Israel's colonization of Palestine are of no consequence in the face of the military, economic and diplomatic power which is actually deciding the progress this enterprise makes, the choice of participants for an academic debate is a matter of the knowledge, interest and intellectual ability which they bring to it and supposed political stance is unimportant. Norman Finkelstein qualifies on these criteria and only those concerned to suppress free speech would obstruct an opportunity to hear him.
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