Tuesday, October 15, 2024

Draw the Lines


Slowly but steadily, there are increasing sanctions on Israeli actors responsible for implementing human rights violations in occupied Palestinian territories. The UK just announced new sanctions against West Bank outposts. Secretary of State Anthony Blinken warned Israel that if it doesn't increase the flow of aid into the Gaza Strip, military aid might be cut off. And in one of the more symbolically (if probably not tangibly) impactful moves, Canada revoked the charitable status of the Jewish National Fund* due in part to its activities in the occupied West Bank.

Given the ubiquity in the diaspora Jewish imagination of JNF's little blue boxes, the Canadian decision was a bombshell, and the Canadian Jewish community is reportedly aghast, and claiming that it is being unfairly targeted by a biased organization. I'm not a Canadian lawyer, and so I won't comment on the underlying legal issues. Speaking broadly though, JNF's historical importance does not and should not give it any immunity to violate Canadian non-profit laws or to funnel "charitable" donations to projects that violate Canadian policy, which absolutely can include projects that retrench Israel's occupation of the West Bank and which stymie the project of Palestinian statehood. Blue box or no, there is no right to leverage Canada's tax code to flout Canada's foreign policy priorities regarding Israel and Palestine.

The one thing that does give me pause is the claim that the Canadian tax authorities have refused to tell JNF exactly which activities are out of compliance or how to get back into compliance. That seems troublesome. JNF absolutely should be given clear guidance about what it the tax authorities deem to be compliant and non-compliant activities, at which point JNF can decide whether it wants to come into compliance or not (and the public can decide whether the rules are or are not reasonable). Draw the lines clearly about what is and is not permissible, and let the chips fall where they may -- but secret rules smack of punitive targeting. Other than that, though, my general view is that it is up to Jewish charities to stay in compliance with the law, and it is entirely reasonable for the law to declare that aiding the occupation is not a charitable endeavor.

* The article on this story did give me one blast from the past moment. It extensively quoted Corey Balsam, head of Independent Jewish Voices, praising the decision to revoke JNF's charitable status. That name rang a bell -- Corey Balsam was who I cited in my White Jews: An Intersectional Approach paper arguing that even non-White Jews were functionally "whitened" by virtue of being Jewish. He made that argument in a graduate school thesis paper, so seeing his name pop up again was a fun "where are they now" moment.