Hamas’s decision to fire rockets in the direction of Ben-Gurion Airport may well have ended any real prospect of a two-state solution. Whether the regulators and airlines that have stopped flights to and from Israel are right or wrong, this stoppage cannot possibly be tolerated by a democratic country that relies so heavily on tourism and international travel. It is, of course, a war crime to target an international civilian airport, as Hamas has clearly done. Israel has every right to keep that airport open, employing all reasonable military means at its disposal. Since Hamas fires its rockets from densely populated civilian areas, there will be more Palestinian civilian deaths.
This of course is part of Hamas’ grand strategy: By targeting Israeli civilians and international air travel from its own civilian areas, Hamas leaves Israel no choice but to take military actions that risk the lives of innocent Palestinians. There will be even more innocent Palestinian deaths now, as Hamas has raised the stakes considerably for Israel. Every country in the world would do everything in its power to keep open its airports, the lifelines to its economic viability. Hamas knows this - and welcomes Israeli military action that produces more dead Palestinian civilians and hence more international criticism of Israel.
Even more importantly, Hamas’ actions in essentially closing down international air traffic into Israel, considerably reduces the prospect of any two-state solution. Israel will now be more reluctant than ever to give up military control over the West Bank, which is even closer to Ben-Gurion Airport than is Gaza.
Were Israel to end its military occupation of the West Bank—as distinguished from its civilian settlements deep in the West Bank—it would risk the possibility of a Hamas takeover. That is precisely what happened when Israel ended both its civilian settlements and its military presence in Gaza. Hamas took control, fired thousands of rockets at Israeli civilian targets and have now succeeded in stopping international air traffic into and out of Israel.
Israel could not accept the risk of a Hamas takeover of the West Bank and the resulting Hamas rocket attacks at its nearby airport. It may still be possible to create a two-state solution whereby Israel withdraws its civilian settlers from most of the West Bank and agrees to land swaps for areas that now contain large settlement blocks. But Israel will have to retain military control over its security borders, which extend to the Jordan River. It will also have to maintain a sufficient military presence to assure that what happened in Gaza does not happen in the West Bank. These military realities do not have to exist forever. Israel’s military presence could be reduced if the Palestinian Authority were to maintain effective control over the West Bank and prevent terrorists from using that area to send rockets and terrorists into Israel.
The new reality caused by Hamas’ shutting down of international air travel to and from Israel would plainly justify an Israeli demand that it maintain military control over the West Bank in any two-state deal. The Israeli public would never accept a deal that did not include a continued Israeli military presence in the West Bank. They have learned the tragic lesson of Gaza and they will not allow it to be repeated on the West Bank. The Palestinian Authority, however, is unlikely to accept such a condition, though it should. This will simply make it far more difficult for an agreement to be reached.
It was precisely one of the goals of the Hamas rocket and tunnel assaults to scuttle any two-state agreement between the Palestinian Authority and Israel. The Hamas Charter categorically rejects the two-state solution, as does the military wing of Hamas. In this tragic respect, Hamas has already succeeded. By aiming its rockets in the direction of Ben-Gurion Airport, Hamas may well have scuttled any realistic prospects for a two-state solution. It cannot be allowed to succeed.
The international community, which has a significant stake in protecting international air traffic from terrorist rocket attacks, must support Israel’s efforts to stop these attacks—permanently. If Hamas is allowed to shut down Israel’s major airport, every terrorist group in the world will begin to target airports throughout the world. The shooting down of the Malaysian airliner over the Ukraine will be but one of many such tragedies, if Hamas is allowed to succeed. An attack on the safety on Israel’s airport is an attack on the safety of all international aviation. Israel is the canary in the mine. What Hamas has done to Israeli aviation is a warning to the world. In its efforts to prevent Hamas from firing rockets at Ben-Gurion Airport, Israel is fighting for the entire civilized world against those who would shoot down civilian airliners. The world should support Israel in this noble fight, and in the process help preserve any realistic chance for a two-state solution.
Alan M. Dershowitz is the Felix Frankfurter Professor of Law at Harvard, a practicing criminal and constitutional lawyer and the author, most recently, of “Taking the Stand: My Life in the Law.”
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