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Alan Dershowitz

Alan Dershowitz

Posted: March 2, 2010 01:28 PM

An Intelligence Agency Misused Passports: OMG!

What's Your Reaction:

The complaints leveled against Israel by European countries and Australia, regarding the alleged misuse of passports by the Mossad in the assassination of Mahmoud al-Mabhouh, ring hollow and smack of blatant hypocrisy. Whoever did kill Mahmoud al-Mabhouh--whether it was the Israeli Mossad or someone else--clearly did have their agents use stolen or forged passports. Big deal.

Every good intelligence agency uses stolen and forged passports. The British have been especially adept at this means of spycraft. No country that uses fake passports in their intelligence operations has the moral authority to complain about the alleged misuse of passports in this case. The only ones that have a legitimate grievance are those individuals whose passports may have been misused without their knowledge.

I guess it's the job of foreign ministries to complain publicly when other nations do what they themselves do secretly. Hypocrisy is, after all, the homage that vice pays to virtue. I'm reminded of the famous scene in Casablanca, when officer Renault declares, "I'm shocked, shocked to find that gambling is going on in here!" A croupier then approaches Renault, and hands him a roll of currency: "Your winnings, sir."

The hypocrisy in this case seems even more blatant than usual. Is it because Israel is the alleged offender, and the world has gotten accustomed to singling out Israel for double standard condemnation?

Shortly after the terrorist attacks in Bali, which killed a large number of Australian tourists, I had the opportunity to meet with the Australian Prime Minister. I was writing a book at the time on preemption, and I asked him whether he would have authorized a preemptive attack on the terrorist who killed Australian citizens, if such an attack would have saved their lives. His response was that Australia would have done anything it could, to prevent these terrorist attacks. Anything, I guess, except misusing passports! Is there anybody who believes that Australia would not have used forged or stolen passports to prevent the Bali massacres? If Great Britain could have stopped the London subway attack by misusing passports, would M6 have allowed the terrorism to go forward in the name of preserving passport integrity? Of course not. The same is true of Spain with regard to the Madrid bombing and to every other country in the world that seeks to prevent terrorism. Well, if the Mossad did in fact kill al-Mabhouh, they too did it to prevent the killing of their innocent civilians.

The Israelis are always accused by their enemies, and sometimes even by their friends, of taking "disproportionate" action to stop terrorists. But what could be more proportionate than a carefully planned and specifically targeted attack on an admitted terrorist who boasted of being an active combatant? Whoops! I guess I forgot about those darn passports. That must be the disproportionate action complained about. Saving innocent lives, on the one hand--misusing passports on the other. I guess the right moral resolution, according to some foreign ministries, is to let innocent victims die--at least as long as its only Israeli victims.

It's interesting, and disturbing, that more criticism is being directed against Israel for allegedly using stolen passports than for allegedly killing a terrorist. That's because no western country wants to appear to be sympathetic to a terrorist. The "victims" of passport fraud are innocent civilians, but the injury they have suffered pales in comparison to the injuries--deaths--prevented by the well-deserved death of Mahmoud al-Mabhouh.

If the deaths of a small number of innocent civilians is deemed "proportional" to the killing of a terrorist combatant, than surely the discomfort of a small number of innocent victims of passport fraud is proportional.

The high dudgeon expressed by foreign ministries over stolen passports is worse than hypocritical. It undercuts the war against terrorism.

There ought to be concern, among western democracies, about how easy it is to use forged or stolen passports. Dubai should be conducting an investigation, but the focus should be on how simple it was for those carrying these phony passports to get into their country. The misuse of passports is, after all, a primary tool used by terrorists to smuggle themselves into western countries, from which they can engage in worldwide terrorism. There are thousands of forged and fraudulent British passports circulating around the world today. Many are in the hands of terrorists. That should be the focus of any investigation, not the occasional and controlled misuse of passports by western intelligence agencies to combat terrorism.

Whomever snuck into Dubai using fake passports may have done that country a service in warning them to tighten up their passport procedures. Next time it may be a terrorist who tries to enter the country. Wait! Isn't that exactly what happened when al-Mabhouh walked through security using a real passport with his real name? I guess in Dubai you don't have to use a fake passport if you're a terrorist, but you do if you're trying to stop terrorists--at least if the terrorism is directed only against Israel. I guess Dubai is less concerned about letting terrorists into their country with real passports than in letting those who would stop terrorism into their country with fake passports. It's a topsy turvy world out there.

 
 
 
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12:37 AM on 03/21/2010
I like this article if even author had taken an Israeli involvement in the Dubai "misuse of passports” case for granted also no evidence / a real data collated still existed but emotions well-based on speculations and political demand of an anti-Jewish flavour: identity thievery is nothing special in a computerized world and a passport forgery and fraud are old as a human society itself.
Michael Kerjman
01:13 PM on 03/04/2010
Thank you Mr. Dershowitz! And what was that terrorist al-Mabbouh, with his "legal" passport, doing in Dubai in the first place? The Dubai government sure has a lot of explaining to do. Their making a fuss about illegal passports is obviously a distraction, and only good thing to come out of it is the exposure of so much hypocrisy. The bad thing is that it happened at the same time as, and overshadowed, the winning streak of Israel's only seeded female tennis player, Shahar Peer, at the Dubai Tennis Championships. Tennis aficionados may recall that Peer, #22 in the world, was banned by Dubai from playing in last year's tournament. This year not only was she there, but she advanced much farther than she had ever before in her career, reaching the semi-finals, and losing only to Venus Williams.
12:18 AM on 03/04/2010
Thanks Mr. Dershowitz, for putting things into perspective & shedding light on the hypocrisy of it all. Israel seems to be the all time favorite State to demonize, as is apparent by all the negativity it unfairly receives from bloggers, journalists, unwra,and it's life long bitter enemies who aspire for its destruction. But most of that enmity towards Israel is inherent and then there's others who are far removed from understanding its embattled history , and naively jump onto the hate bandwagon to join in on what they assume is a 'Worth Cause".
01:55 PM on 03/03/2010
When it comes to prominent people like Alan Dershowitz I guess the best technique is to attack the messenger rather than the message. I have waded through the mounds of vitriol that have been heaped on Alan Dershowitz's very rational post and I have not found any clear or logical refutation. Does anyone deny that other countries use stolen passports for spying? Does anyone deny that al-Mabhouh is a terrorist? Is there anyone out there who thinks that he's not a terrorist murderer?
So it seems that the issue isn't about him or the passports - it's about Dershowitz and his relationship to Israel.
So let's talk about that - Dershowitz, in case any of you don't know is an advocate. That's what a lawyer is - an advocate -- a person who advocates for a cause. When an advocate pleads before the supreme court we might disagree with the merits of their argument but we have no right to attack them personally.
It's time to tell the truth about these attacks.
HUFFPOST SUPER USER
Wisdo
semantics shamantics
10:52 AM on 03/03/2010
AN Australian police probe in Israel into the use of forged Australian passports has been branded "a waste of taxpayers' money" by one of the Middle Eastern nation's most senior former investigators.

http://www.theaustralian.com.au/news/nation/israel-probe-a-waste-of-money/story-e6frg6nf-1225836721974

So now its for Israel to decide what Australia should or shouldnt investigate.
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TheLonelyGod
The oncoming storm
04:33 PM on 03/03/2010
I know your hatred Israel surpasses logic, but Israel and the Israelis are allowed to have opinions about things.
08:19 PM on 03/03/2010
OK Wisdo, I, as an Australian tax payer, object to my money being wasted on nothing but window dressing symbolism. The AFP has better things to do than waste time on chasing rumours on the other side of the world.

What can the AFP do that the Australian Embassy in Tel Aviv can't? I tell you what, chase some home grown terrorists right here, that's what.
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NTT
Fighting rants with facts
09:42 AM on 03/03/2010
By orders of President Obama, USA has intensified lately the attacks by unmanned drones against Taliban leaders in Pakistan (http://www.politicsdaily.com/2010/02/12/obama-s-drone-war-does-the-killing-pay-off/, http://news.bbc.co.uk/1/hi/world/south_asia/8533777.stm, etc.). This, despite protests by Pakistan. Narrowly interpreted, this is a breach of Pakistan's sovereignty, arguably much more blatant (and riskier in terms of potential loss of innocent lives), compared with the use of forged passports to carry out a targeted execution. Question: is Pakistan going to ask Interpol to issue an international arrest warrant and apprehend President Obama? (For those with a weak sense of humour: this is irony, folks!)
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SonnyBono
Cogito ergo sum ​​liberalis
08:12 AM on 03/03/2010
So now we know where John Yoo got all of the "special" legal trainning.

Tell me Alan, babe, has there ever been any action by the Israeli government that you did not automatically approve of?
08:46 AM on 03/03/2010
I can answer that: Mr. Dershowitz (You apparently know him better than do I) has condemned the settlers on a regular basis
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Wisdo
semantics shamantics
09:14 AM on 03/03/2010
he supports the settlers in his book "the case for israel"and he supports them in his articles here.

Could you link an article where he condemns the settlers?
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SonnyBono
Cogito ergo sum ​​liberalis
10:03 AM on 03/03/2010
I don't think that Alan would appreciate you putting things in his mouth - there is very little room what with the forked tongue and his foot already in residence.

You know considering the comments that Al makes (well, I really shouldn't call him Al - I mean I used to before we had the falling out.) or rather Alan should register as a agent of the Israeli government.
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Wisdo
semantics shamantics
07:32 AM on 03/03/2010
Here we go again. For a lawyer, sir, you do often come out in favour of breaking the law - kind of ironic, no?
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StCuthbert
Anytime the mods are ready...
11:39 AM on 03/03/2010
By that logic, you should support racial profiling when it comes to speeding, because speeding is still against the law.
03:01 AM on 03/03/2010
So here's a question........

Why isn't Israel concerned about the identity theft of it's citizens?
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Wisdo
semantics shamantics
07:44 AM on 03/03/2010
According to Alan, its because Mossad is above the law. Any law. In any country.
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NTT
Fighting rants with facts
10:42 AM on 03/03/2010
Where exactly does he say this, Wisdo?
09:31 PM on 03/02/2010
Mr. Dershowitz is of course absolutely correct, every covert operation, carried by whoever, use some sort of identity deception.

For those of you who are unaware, Mr. Dershowitz, is talking about our (Australian) previous Prime Minister, Mr. John Howard, not about out current PM, Mr. Kevin Rudd, who is "not satisfied" by the Israeli "explanation" (I doubt tat he had received any) and instructed our UN mission to abstain in a vote on the Goldsone report as an apparent "punishment" of Israel, although Australia had voted against a similar resolution just a few month earlier.

As to whodoneit, whilst there are some aspects of this operation that resemble Mossad known similar operations, the more info that comes out of Dubai the less likely it is that it was a Mossad operation (if that info is correct). There is NO WAY under the sun that the Mossad would send 26 agents for such mission, NO WAY!. There is more to it but I leave it at that.
08:00 PM on 03/02/2010
People need to know that Jewish blood isn't cheap anymore. Mahmoud al-Mabhouh learned the lesson with his miserable life. His peers in Hamas and Hezbolah may stop and think before they make their next terrorist attempt against Jewish children. Mahmoud al-Mabhouh and his friends don't mind sacrificing Arab children as suicide bombers, or hiding behind them and shooting at Israeli children, but now they may begin to realize that their actions have consequences.

Sounds like justice to me.
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Talossa
Liberal. Pro-Israel. Recovering atheist.
11:00 AM on 03/03/2010
> People need to know that Jewish blood isn't cheap anymore.

Damn that's good. And straight from the heart. And the antis can't stand it that Jewish people are finally fighting back after all these centuries. It scrambles their whole world-view.
04:03 PM on 03/03/2010
So are you saying Muslim blood is?

Jewish blood has the same worth as everyone elses's, including those victims of identity theft (Jewish or not) who are now at risk because of the incompetence of some.

If Israel truly is the country that they want the world to think they are then why do they ignore laws they don't like? Why do the ignore the UN Resolutions against them, when according to their UN membership they agree to abide by those Resolutions? Why do they not expect their citizens to obey the laws of any other country they happen to be in?

Whether Israel or Alan Dershowitz think Israel was in the right to do what they did doesn't matter. The law says they are wrong, and that is what matters.
04:38 PM on 03/03/2010
Just where did misaacm say that?

Or did you just misinterpret, as I did with martin2 (For which you attacked me AFTER I apologized), the comment?

Or are you just making stuff up as you go?
whitebeach
Hey, buddy, can you spare a micro-bio?
06:31 PM on 03/02/2010
How many here will object if, tomorrow, U.S. operatives carrying fake or stolen documents kill or capture bin Laden?
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Jay-DC
08:09 PM on 03/02/2010
Is bin Laden supporting a resistance of an illegal occupation and repression of a people based on their religious beliefs (Christian and Muslim)?

If yes, then yes to your question
If no, then certainly not
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TheLonelyGod
The oncoming storm
08:19 PM on 03/02/2010
So what you're saying is that as long as Bin Laden pays lip service to a cause that you feel is a good one, he can murder people at will?
06:22 PM on 03/02/2010
Actually, I've never heard any of you condemn anything that is done by the Palestinians or Hamas. Everything they do you blame on Israel. Then you condemn us for defending Israel.
08:11 PM on 03/02/2010
i think the real problem lies in Israel's ability to label Palestinian freedom movements as Terrorists. The real argument is the understanding of the word terrorist. When you strip people of the ability to fight for their rights, occupy their lands (Yes illegally occupy according to International law, UN resolutions and the global community), strip them of their right to even protest, strip them of their ability to feed themselves, blockade, starve and murder their unarmed civilians, (see whats happening in Hebron, for the protection of 500 illegal settlers, 160,000 Palestinians are subjected to curfews, house arrests and various means of intimidation) - and when they then take this in and only occasionally and with minimal impact fight back (with the occassional rock at a soldier or home made missile that does little harm) - you label THEM terrorists and demonize them in the international community, then of course you will feel you have done no wrong in faking passports to chase and kill them around the world (since killing them at home was not enough). The Israeli government needs more global criticism of its policies, and in this case, continuation of justification of illegal actions needs to be looked into CRITICALLY because the entire definition of terrorism here is blatantly skewed and biased. Not that I am a fan of Hamas.. AT ALL.
10:31 PM on 03/02/2010
People fighting a ocupying army are labeld " terrorist' when they are fighting Israelis.
All others fighting a invader of their country are " Freedom Fighters "
04:22 AM on 03/03/2010
Thank you. fanned.
04:07 PM on 03/03/2010
That's a lie, but then I really don't expect anything else from someone who defends illegal actions by Israel.
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FearlessFreep
A radical leftist with a JS Woodsworth avatar.
05:04 PM on 03/02/2010
"Blatant hypocrisy"? It takes one to know one!
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NABNYC
04:56 PM on 03/02/2010
Actually, as I have read, the complaints from other countries are that Israel has apparently sent a team of terrorists and assassins to another country to stalk, kidnap, torture, and murder another human being, then sneak out of the country and go back into hiding to escape being held responsible for their actions. If this is true, then I suppose the U.S. should track down these individuals, kidnap them, torture them, and send them to black hole prisons in Egypt to rot. Or is that just for Muslim terrorists?
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06:08 PM on 03/02/2010
False analogy. Muslim terrorists target innocent civilians whereas Mahmoud al-Mabhouh was the exact opposite of an innocent civillian.
04:10 PM on 03/03/2010
Mahmoud al-Mabhouh would be called a Freedom Fighter by the US if he battled anyone BUT Israel.