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COVID-19 and the Jewish question • By DAVID BREAKSTONE
The coronavirus has wreaked havoc on the entire world. Can we suggest a particularly Jewish angle to this pandemic?
While the COVID-19 pandemic is far from over, Jewish leaders around the world are already thinking about the morning after. In doing so, they need to contend not only with the devastation wrought by the coronavirus that the entire world has had to face, but also with a set of enormous internal challenges uniquely our own. I want to suggest three:
Gathering is at the heart of Jewish life – essential to the fulfillment of Jewish commandments, the expression of Jewish values and the continuity of the Jewish collective. Social distancing, of course, is the antithesis of that, and the prolonged period of lockdown has threatened the vitality and cohesion of Jewish communities.
The institutions and infrastructure that facilitate Jewish gathering are largely dependent on the support of their constituencies and generous benefactors. Many Jewish schools, synagogues, community centers, camps, welfare programs, youth movements and senior citizen facilities – particularly in smaller communities, were in a precarious position even before COVID-19 hit, struggling not only financially but also in terms of maintaining a clientele of critical mass. The economic hardship caused by the coronavirus has further threatened their viability.
Israel is a vital element of Jewish identity. Not only the Israel experience, but also the integration of Israel into the life of the community. Closed borders have prevented both, depriving tens of thousands of meaningful exposure to Israel. In addition to the suspension of Israel trips, thousands of Israeli emissaries who were to be sent abroad by the Jewish Agency and the World Zionist Organization to summer camps, schools, college campuses, community centers and synagogues have had their tours of duty canceled or put on hold.
Each of these situations alone is more than enough for a Jewish community to contend with. The three occurring simultaneously is potentially a doomsday scenario. And that’s before even mentioning the external threat of amplified antisemitism, which is likely to increase as the death toll climbs, exemplified by the Oxford University survey released this week revealing that 20% of Britons believe Jews created the coronavirus for financial gain.
To assess anecdotally how Jewish communities around the world, other than the largest, have been impacted, I reached out to leaders and Jewish Agency representatives active in them. What follows are snippets of reports from the frontlines.
The immediate danger
In response to my question regarding the greatest challenge facing the community, one answer I didn’t anticipate receiving was “lack of soap.” But there are many things about the Jews of Ethiopia that differentiate them from others. Joseph Feit, who heads Struggle to Save Ethiopian Jewry, highlighted issues of sanitation, nutrition and healthcare as the gravest threats facing the community. He’s launched an emergency relief effort that was given a jump start by the Jewish Agency and the Center for Entrepreneurial Jewish Philanthropy, but insists “the real solution is getting them all to Israel as soon as possible.”
Halfway across the world, Ginette Searle, executive director of the Zionist Federation of Australia, offered a more predictable response. While noting that the health hazard has been relatively well contained, she nevertheless believes “the economic impact is something that our community is going to have to deal with now and well into the future,” citing an anticipated decline in discretionary funds as “potentially having a significant impact on the financial viability of some community organizations and institutions.”
This is already the case in Panama, where “more than half the families can’t afford day school tuition,” according to local Jewish Agency representative Amalia Garzon. While praising her community for having had an emergency response mechanism in place that’s ensured no one is lacking food or medicine, she is worried long-term about the community’s ability to sustain the schools and families impoverished by the pandemic.
Zvi Miller, the Jewish Agency representative overseeing activity in Argentina, Chile, Uruguay and Paraguay, offers a local twist on the economic impact of the crisis. He notes that these countries entered into this one while still reeling from another: an economic disaster of runaway inflation and excessive unemployment. “As a result of this devastating combination, the crucial test these communities face is preventing economic collapse and the dismantling of their essential organizational infrastructures.”
Of course, it’s the people these infrastructures serve that is the real issue. Poland’s Chief Rabbi Michael Schudrich deals daily with the challenge of keeping people engaged digitally, but an even higher priority is taking care of the homebound elderly to whom the community is delivering meals regularly.
In Spain, too, “the main challenge is to confront the emotional and social situation of our members”
says Raymond Forado, vice president of the Jewish community of Barcelona, where the financial havoc wrought by COVID-19 has been immense.
András Heisler, president of the Jewish community of Hungary, offers a similar perspective. Emphasis until now has been on the physical landscape – old synagogues and cemeteries – he says, but now foresees a change in priorities. “We must deal more with souls instead of stones.” But providing any service at all is not going to be easy. “Our federation lost one third of its income due to the shutdown of tourism,” he tells me.
This combination of factors might have overwhelmed these Jewish communities to the point of paralysis. What has been overwhelming instead, is the measure of resourcefulness, energy and innovation with which they have responded.
The remarkable response
“The coronavirus has caused the Jewish community to stop for a moment, to look within, to reflect, and even to reinvent itself,” says Miller. “There’s an increased appreciation for the value of ‘all Jews being responsible for one another.’”
This sentiment was echoed by many. Searle shared what she sees as the community spirit of coming together, citing a Facebook group dedicated to assisting people with coronavirus-related issues that more than 2,000 people joined on the day it was launched. Others wrote of “the solidarity we feel for each other” and “the embrace we feel of the entire Jewish world, especially Israel.” Heisler also believes “that due to the physical separation we realize how we miss the communal closeness,” and hopes to prolong the feeling even after the pandemic, “to make the world a better place.”
Jonathan Solomon, president of the Jewish Federation of India, also describes a stronger sense of unity now than in normal times. He believes “the lesson to be learned from this experience is to recognize our mortality and focus on the important things in life,” and, like Heisler, says “I am expecting change for the better.”
In practical terms, Ety Aloni, the Jewish Agency representative Down Under, is heartened by the “amazing success” on the part of the community she is serving “in maintaining connections and a sense of belonging.” Ari Messer, the Jewish Agency’s senior representative in Central America, reports “a well-organized response in terms of medical care, preventive measures, and social welfare” across the region.
The office of Prof. Alexander Oscar, president of the Organization of Jews in Bulgaria, tells how concern over the emotional state of the community’s isolated elderly led to providing special services – in addition to the online Limmud conference, Hebrew classes and spring camp for children they have organized.
Schudrich is online at least three times a day drawing hundreds more to his classes and services than he has been able to attract in person. And the community, in addition to organizing a virtual Israel Independence Day celebration with a thousand viewers and a Warsaw Ghetto Uprising commemoration with 3,000 attendees, has produced 30 digital bedtime stories for children. But Schudrich takes most pride in the care packages delivered regularly to the 31 Righteous Among the Nations living in the city.
Liat Amar Arran, Jewish Agency representative in South Africa, is similarly proud of the initiatives the Jewish community has organized in caring for the poor outside its doors. “It’s wonderful,” she says, “not only the concern for the Jewish community but the concern for the entire population of the country.”
Israel and the COVID-19 pandemic
As the coronavirus unfolds, the meaning of Israel for Jews around the world has also been highlighted in at least three areas.
Israel in the life of the community – While lamenting the suspension of visits to Israel and the current impossibility of sending new Israel emissaries abroad, those on all sides of the oceans have been working assiduously to ensure that Israel remains a vital element in the education of young Jews through the development of creative online platforms. Still, there is no substitute for the real thing, and the hope is that many will act as Searle intends to. “Once borders reopen, we’d love to work with the Jewish Agency to ‘turbo-charge’ visits both ways.” In general, there is a sense that the crisis has heightened awareness not only of the unity of the Jewish people but also the centrality of Israel to Jewish life.
Aliyah – While not all communities have demonstrated increased interest in aliyah, several have. Peru is one of them, with teens registering for Israel high school programs. Australia is another. In the last two months, Aloni has received inquiries amounting to 80% of what she normally receives in a year. Miller also believes there will be an increase in aliyah from South America, attributing the phenomenon to the negative impact of COVID-19 on an already declining economy, combined with Israel’s success in dealing with the crisis.
Israel as resource – One thing universally acknowledged is the important role Israel has played during the pandemic in fostering a sense of Jewish unity and serving Jewish communities around the world. This is perhaps best exemplified by the Jewish Agency, with its international infrastructure and presence in more than 40 countries. Throughout the crisis it has operated a global online platform, providing extensive educational resources, in addition to establishing an emergency loan fund to sustain communal bodies in financial crisis.
The challenge ahead
Given where the COVID-19 pandemic originated, it is particularly curious that the Chinese word for crisis is composed of two characters, one signifying “danger” and the other “opportunity.” If the reports referenced here reflect what is also happening elsewhere, it would seem that Jewish communities around the world have done a good job in mitigating the former while positioning themselves to seize the latter. The significant number of new people who have been engaged, the increased familiarity with Zoom and other connective technology and the sense of togetherness deepened by isolation, together offer prospects for growth.
Overcoming obstacles on the way won’t be easy. Not every institution is going to survive and not every community will fully recover, but there is a reservoir of resilience and determination that portends a brighter tomorrow. That, along with a renewed appreciation for the dictum that all Jews are responsible for one another, an enhanced consciousness of mutual responsibility, and a reenergized commitment to the collective, bears well for the future.
As Passover happened upon us in the midst of all this, it is particularly fitting to declare, as the Hebrew saying goes, “we survived Pharaoh; we’ll survive this, too.”
Can the Chinese government be held legally accountable for the spread of the coronavirus around the world? Does China’s suppression of early reports of the virus, its delay in reporting to the World Health Organization, and its failure to impose immediate travel restrictions on travelers to and from China make it subject to lawsuits from private individuals and other countries?
The COVID-19 pandemic has infected more than five million people, the worldwide death toll is nearing 350,000 and the economic devastation is being measured in trillions of dollars.
“Can China be sued for the spread of COVID-19” was the subject of a recent online discussion panel sponsored by Shurat HaDin – Israel Law Center. The panel included Tennessee Republican Sen. Marsha Blackburn; John Bolton, former national security advisor and US ambassador to the UN; Gordon G. Chang, columnist, author and lawyer; and John B. Bellinger III, legal adviser for the US Department of State and the National Security Council during president George W. Bush’s administration. The panel was moderated by Nitsana Darshan-Leitner, director of Shurat HaDin.
Describing the difficulties of making a legal claim against a sovereign country, Darshan-Leitner explained that in the United States, foreign countries have what is known as “sovereign immunity,” which bars lawsuits against foreign governments and states. “In order for countries to function and for governments to carry out their policies and do business with other countries, they need to be immune from legal actions, or criminal actions. This is in order to let them function. Otherwise, they will be scared of being sued in everything they do.”
Darshan-Leitner noted that countries that support terrorism and have been designated as such by the State Department, do not enjoy sovereign immunity, and lawsuits can be brought against them. Shurat HaDin, which has utilized court systems around the world to fight terrorism and safeguard Jewish rights worldwide, has brought lawsuits against countries that have been designated as state supporters of terrorism.
Sen. Blackburn, together with Arizona Republican Sen. Martha McSally is sponsoring the Stop COVID Act in the Senate, which would make China legally and financially liable for damages caused from the novel coronavirus in the United States. In the same way that sovereign immunity does not protect terrorist states, the proposed legislation would eliminate the sovereign immunity for states that spread biological agents.
Darshan-Leitner says the US has in the past removed sovereign immunity from states that support terrorism, when they have not posed a serious threat. “When the United States wants to lift sovereign immunity, they do it to countries that are not going to
The Stop COVID Act would make China legally and financially liable for damages caused by the virus in the US
take revenge or are too weak to take revenge.” For example, the US has removed sovereign immunity from countries such as Iran, Syria, Cuba and North Korea. Removing sovereign immunity from strong and powerful countries can be difficult. “China could take revenge, and that’s the fear of legislating the law that Sen. Blackburn has sponsored.”
At the virtual roundtable, Bolton also expressed reluctance to remove China’s sovereign immunity. The former diplomat noted that while it would be politically appealing to many, it would insert the US judicial system into an international controversy and would lead to lengthy drawn-out proceedings that would not lead to justice. In addition, securing evidence from the Chinese and enforcing judgment would be difficult. The primary objection to waiving China’s sovereign immunity, he said, would be the harm that it could cause to the US’s national security and its interests abroad, should China then remove Washington’s immunity in return.
Bolton suggested that the US and other countries need to make a fundamental pivot in the way that we deal with Beijing. “They have abused their place in the international financial system for a long time,” he said. “The structural way in which China addresses the rest of the world has to change.”
An alternative proposal was posed by Chang, who suggested that individuals could sue the Communist Party of China, thereby sidestepping the issue of sovereign immunity, since the party is technically not the state. Darshan-Leitner says that while one might be able to win such a judgment in court, other difficulties might present themselves. “What would you do with the judgment if you won?” she asks. In order to collect, one would have to locate assets that actually belong to the Communist Party. “You would have to show that assets of the government are really the assets of the Communist Party. That might be an obstacle that you won’t be able to overcome.”
Equally improbable, she explains, would be taking the case to the International Court of Justice in The Hague. To bring such a case to the court, China would have to offer its consent, which is most unlikely. Additionally, cases tried in the ICJ are between states, and individuals could not sue China in that setting.
Bellinger agreed that holding the Chinese accountable through lawsuits would not work. He suggested that countries will have to apply diplomatic pressure in concert, or through international organizations, publicly and privately, applying economic levers, and calling for investigations, in order to obtain any relief from the Chinese. Together, these methods may put enough pressure on the Chinese to get their attention.
Despite the inherent risks involved of removing sovereign immunity from China, Darshan-Leitner says that one possible way to permit lawsuits would be to compare China’s negligence with the coronavirus to terrorism. In such a case, even if China may balk at paying off claims, Darshan-Leitner says the victim’s home country might elect to partially compensate victims. “If the country doesn’t want to go through a whole struggle with China, they have to find ways to compensate the victims from their own money, and then diplomatically, try to get some compensation from China, though it wouldn’t be publicly acknowledged.”
Similarly, Darshan-Leitner says many victims of Iranian terrorism who were awarded money by American courts using the terror exception for sovereignty against Iran never actually received the money from the Iranians. US authorities, she explains, in order to try to reach a solution to pay some of these judgments, created a fund that annually pays a portion of these enormous judgments. “Bringing lawsuits will not necessarily win in the path that the victims planned,” says Darshan-Leitner, “but it does create pressure and it does bring governments or other bodies to take the victims’ consideration into account and try to compensate them.”
Darshan-Leitner adds that many countries that have extensive commercial relationships with China, such as Israel and Australia, have leverage to approach the Chinese to make them accountable for the spread of the coronavirus. Nevertheless, she says, “I’m not sure that these countries would want to go head-to-head against China, if they do not agree to offer compensation. In the end, it all comes down to political and diplomatic considerations.”
This article was written in cooperation with Shurat HaDin – Israel Law Center.
In the US, foreign countries have sovereign immunity – which bars lawsuits against foreign governments