https://mosaicmagazine.com/observation/israel-zionism/2020/08/the-jews-right-to-s
Is it possible to justify the existence of a Jewish state? So asked the late Ruth Gavison back in 2003, and her answer resounds as strongly now as it did then.
This essay by the renowned Israeli legal theorist Ruth Gavison was originally published in the Israeli journal Azure in 2003. We are republishing it August 18, 2020 in the wake of her death on August 15.
I.
Is it possible to justify the existence of a Jewish state? This question, raised with increased frequency in recent years, is not just a theoretical one. Israel will endure as a Jewish state only if it can be defended, in both the physical and the moral sense. Of course, states may survive in the short term through sheer habit or the application of brute force, even when their legitimacy has been severely undermined. In the long run, however, only a state whose existence is justified by its citizens can hope to endure. The ability to provide a clear rationale for a Jewish state is, therefore, of vital importance to Israel’s long-term survival.1
Over the many years in which I have participated in debates about Israel’s constitutional foundations and the rights of its citizens, I did not generally feel this question to be particularly urgent. Indeed, I believed that there was no more need to demonstrate the legitimacy of a Jewish state than there was for any other nation state, and I did not take claims to the contrary very seriously. Those who denied the legitimacy of Israel as a Jewish state were, in my eyes, little different from the radical ideologues who dismiss all national movements as inherently immoral, or who insist that Judaism is solely a religion with no right to national self-expression; their claims seemed marginal and unworthy of systematic refutation.