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Alan Dershowitz

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Israel Has the Right to Attack Iran's Nuclear Reactors Now

Posted: 03/16/11 05:36 PM ET

Iran's recent attempt to ship arms to Hamas in Gaza is an act of war committed by the Iranian government against the Israeli government. The Israeli Navy seized the ship, loaded with weapons designed to kill Israeli civilians, and traced the weapons back to Iran. Nor is this the first act of war that would justify a military response by Israel under international law. Iran has sent other boatloads of anti personnel weapons to Hamas and Hezbollah. In addition, back in 1992, the Iranian leaders planned and authorized a deadly attack on Israel's embassy in Argentina. That bombing, which was carried out by Iranian agents, constituted a direct armed attack on the state of Israel, since its embassy is part of its sovereign territory. Moreover, the Iranian government has publicly declared war on Israel by calling for it "to be wiped off the map."

Under international law, these acts of war -- known as Casus Belli -- fully justify an Israeli armed response. Even the UN Charter authorizes a unilateral response to an armed attack. Providing weapons to a declared enemy in the face of an embargo has historically been deemed an armed attack under the law of war, especially when those providing the weapons intend for them to be used against the enemy's civilians. So too is the bombing of an embassy.

Two other recent events enhance Israel's right use military means to prevent Iran from continuing to arm Israel's enemies. The recent disaster in Japan has shown the world the extraordinary dangers posed by nuclear radiation. If anybody ever doubted the power of a dirty bomb to devastate a nation, both physically and psychologically, those doubts have been eliminated by what is now going on in Japan. If Iran were to develop nuclear weapons, the next ship destined to Gaza might contain a nuclear dirty bomb and Israel might not intercept that one. A dirty bomb detonated in tiny Israel would cause incalculable damage to civilian life.

Moreover, the recent killings in Itamar of a family including three children, demonstrate how weapons are used by Israel's enemies against civilians in violation of the laws of war. Even babies are targeted by those armed by Iran. Hamas praised the murders.

Israel has the right to prevent its civilians from being murdered by Iranian weapons, especially weapons of mass destruction. Iran would have no legal standing to protest a surgical attack on its nuclear facilities that are designing weapons that could be used to achieve Iran's declared goal of wiping Israel off the map and killing millions of its citizens. The leaders of Iran have publicly declared that a nuclear exchange, killing millions of Jews and Muslims, would be acceptable to them because it would destroy Israel while only damaging Islam. A suicide nation cannot be deterred by the threat of retaliation. Israel's only realistic option may be a preventive military strike of the kind it conducted against Iraq's nuclear reactor in 1981. That surgical attack may have saved countless lives at the cost of one single casualty. By the way, Iran too tried to destroy Iraq's nuclear reactor, but failed. Certainly Israel has the right to do what Iran itself tried to do -- namely prevent a lethal enemy from developing weapons capable of mass murder of its citizens.

This is not to say that Israel should attack Iran's nuclear reactors now. That it has the right to do so does not mean that it should not wait for a more opportune time. The law of war does not require an immediate military response to an armed attack. The nation attacked can postpone its counterattack without waiving its right. The military option should always be a last resort after all other efforts have failed. It may well be that efforts to permanently disable Iran's nuclear computers will succeed. Although it is unlikely that economic sanctions will ever persuade Iran's ideological zealots to end their nuclear weapons program, a combination of quasi military, tough economic and diplomatic sanctions may slow it down to a point where the military option can be postponed. But under no circumstances should the military option ever be taken off the table. Israel must preserve its ability to exercise its fundamental right of preventive self defense. If possible, it should act together with other allies. But if necessary, it has the right to act alone to protect its citizens. Nearly everybody hopes that it won't come to that, but hope is not a policy. As George Washington cautioned in his second inaugural address, "To be prepared for war is one of the most effectual means of preserving peace."

 
 
 
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CigarGod
What is your process?
03:25 PM on 03/23/2011
I really used to respect this man's legal mind.
Maybe it is still functioning....but on the subject of Israel....poor man has really lost it.
11:14 PM on 03/21/2011
LMAO
02:27 AM on 03/20/2011
With all the stuff going on in Japan about their nuclear reactors, making a claim like this is odd. No one ever under any circumstances has the right to attack a fueled nuclear reactor anywhere under any circumstances. Iran's reactors are fueled. Not only that no one has any right under any circumstances to sabotage a fueled nuclear reactor under any circumstances anywhere for any reason, Israel has tried it and for that it should be held accountable.
Nuclear reactors when attacked will emit radioactivity. The radio activity can blow in any direction depending on wind directions. Is Dershowitz claiming that these materials wont reach surrounding countries including Israel? Attacking a nuclear reactor in my book is called uber-terrorism, in par with mentality of Osama BinLaden and the likes of him. Anyone even bringing such nonsense into discussion doesn't deserve a discussion of their underlying theory, in this case with more holes than swiss cheese.
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10:00 AM on 03/20/2011
Mr. Dershowitz, by advocating for strikes on internationally monitored nuclear energy plants, is advocating for the death of millions of Iranian civilians through terrible radiation death.

What do you call someone who wants to kill that many Iranian civilians in a horrible nuclear attack?
01:28 PM on 03/20/2011
you don't understand what's involved with such an action. destroying a reactor doesn't cause a nuclear disaster; nobody in their right mind could possibly advocate such a thing. in the destruction of the iraq reactor in 1981, there were 10 military deaths and 1 civilian death.

http://en.wikipedia.org/wiki/Operation_Opera#Aftermath
04:27 PM on 03/19/2011
Yes, Israel can attack Iran. ALONE.
12:34 PM on 03/20/2011
No, Israel can't attack Iran alone because Iran is surrounded by the USA on all sides. The USA control the airspace around Iran. Nothing can be done in this region without US permission.
And why the USA and the West need Israel to attack Iran's nuclear reactors? They can do it and must do it without Israel.
12:07 AM on 03/21/2011
The USA doesn't want to attack Iran and won't. Americans are fed up with our wars,

Bibi has been clamoring for the US to attack Iran. HE wants Iran attacked. So.. he can do it, himself.
05:05 PM on 03/23/2011
Not our war. And, this isn't 1941. Israel is the ONLY country that wants that reactor bombed.

No one "must" do it, with or without Israel. If Israel wants to contaminate the entire Middle East with nuclear rediation, she is going to have to deal with the consequences, herself.

Even if blowing up the reactor did NOT involve catastrophic risk-- no difference. I's Israel's issue, so she gets to handle it. Alone.
05:16 PM on 03/22/2011
Not in this reality. LMAO
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WRH Mike Rivero
Humble and concise
01:24 PM on 03/19/2011
Can you imagine the fear?

Maybe you don't have to. Maybe you are old enough to remember Three Mile Island, or Chernobyl.

There is an invisible killer dancing in the air. Maybe hiding in that rain drop. And with each breath comes an unspoken question; Is this the breath I inhale my own end? Is there an irrevocable link between this breath and my final breath to come? Is this the breath that deforms my unborn child?
That metallic taste in your mouth; is it being that scared? Or is it something ... worse?

Imagine living with that fear, day after day after day; fear for yourself, fear for the lives and health of your loved ones.

Then imagine a monster so evil they would inflict that endless fear onto innocent and unoffending people.

What happened by accident at Three-Mile Island, Chernobyl, and Fukushima was done intentionally by Israel to the people of Iraq, when Israel bombed the nuclear power plant at Osirik in the erroneous assumption that Iraq was building nuclear weapons. Then Israel did it again in Syria.

Israel did that to those people; cursed them with that endless dread that lingered for months on end.

And now Israel wants to bomb more nuclear facilities in Iran, so that what happened by accident at Three-Mile Island, Chernobyl, and Fukushima, will be done deliberately to the people of Iran.

There are indeed monsters living among us.

And we know them by their deeds.
11:20 AM on 03/19/2011
Mr. Dershowitz,
First of all the USA and the West should stop using Israel in the same way as the USSR was using Cuba. The USA has a clear Casus Belli against Iran. The USA Embassy was stormed and the American diplomats were taken hostage. Iran involved in attacks that killed many USA troops in Iraq and Afghanistan. Why does the USA need Israel to destroy Iranian nuclear reactor?
Besides, Iran is surrounded by the USA so Israeli planes can't reach Iran without US permission.
Also think about the Jewish community in Iran. The Iranian Government are using them as hostages and will take revenge on them in case of Israeli attack.
Another muslim country: Pakistan is already in possession of nuclear weapon with the "blessing" from the USA and sooner or later the Pakistani Talibans will be in control of it.
Israel was forced by the USA to return the liberated from the arab colonizers and imperialists Sinai peninsula back to Arab-occupied Egypt which has greatly weaken Israel and has led to the today's triumph of Hamas and Hezbullah.
Israel should learn from its own history and stop following the orders from the USA.
Let the USA and the West attack the Iranian nuclear facilities!
To force tiny Israel to attack Iran! Do the USA and the West have any shame?
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01:59 PM on 03/19/2011
"Also think about the Jewish community in Iran. The Iranian Government are using them as hostages and will take revenge on them in case of Israeli attack."

"Today Tehran has 11 functioning synagogues, many of them with Hebrew schools. It has two kosher restaurants, an old-age home and a cemetery. There is a Jewish library with 20,000 titles.[17] Iranian Jews have their own newspaper (called "Ofogh-e-Bina") with Jewish scholars performing Judaic research at Tehran's "Central Library of Jewish Association".[53] The "Dr. Sapir Jewish Hospital" is Iran's largest charity hospital of any religious minority community in the country;[53] however, most of its patients and staff are Muslim.[54]

Chief Rabbi Yousef Hamadani Cohen is the present spiritual leader for the Jewish community of Iran.[55] In August 2000, Chief Rabbi Cohen met with Iranian President Mohammad Khatami for the first time.[56] In 2003, Chief Rabbi Cohen and Morris Motamed met with President Katami at Yusef Abad Synagogue which was the first time a President of Iran had visited a synagogue since the Islamic Revolution.[57] Haroun Yashayaei is the chairman of the Jewish Committee of Tehran and leader of Iran's Jewish Community.

The Constitution of Iran says that Jews are equal to Muslims. Imam Khomeini visited with members of the Jewish community and issued a decree ordering the adherents of Judaism and other revealed religions to be protected. "

http://en.wikipedia.org/wiki/Persian_Jews
12:22 PM on 03/20/2011
There is no much difference between today's Iran and Nazi Germany. There were synagogues and newspapers in the Jewish ghettos in Nazi occupied Europe. And from whom exactly was Khomeini going to protect Jews? From himself and his own followers? And why do the Jews need to be protected in Islamic country? This completely expose the true evil nature of the Iranian Government. The status of dhimmis (non-muslims) in each and every muslim country resembles the status of Jews and Slavs in Nazi Germany and Nazi-occupied Europe.
The USA and the West were quick to establish a no-fly zone in Libya.
The same coalition should attack and destroy Iranian nuclear facilities. Israel has nothing to do with that!
04:06 PM on 03/22/2011
according to islamic law, any protected people in a muslim majority country are NOT the equals of muslims. They may be officially protected (but not when the iranian government tries to scare them by randomly executing a few on unproven charges of espionage, etc), but living as a dhimmi is like living as an african american under jim crow laws.
05:07 PM on 03/23/2011
No. The West is NOT going to destroy the reactor. Period.
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07:27 AM on 03/19/2011
Look at the argument of Alan Dershowitz:

He first says: "Two other recent events enhance Israel's right use military means to prevent Iran from continuing to arm Israel's enemies. The recent disaster in Japan has shown the world the extraordinary dangers posed by nuclear radiation."

Hence, he goes on to say, NOW is the time to bomb Iran's reactors!

What a twisted logic.
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09:19 AM on 03/19/2011
I'm sure Mr. Dershowitz will be one of the first people to help Iranian civilians, who die from nuclear fallout, after Israel bombs Iran.
11:32 AM on 03/19/2011
There is little fear of an Israel attack on Iran. Not only Israel doesn't have the capability because of distance, geography and lack of long range stealth bomber, Iran has had the capability to turn Demona nuclear complex into a big hole under 1 hour for some 10 to 15 years. Israel wants US to do it, so that she can sit back and play the victim in case of a retaliation.
04:57 PM on 04/04/2011
it's much smarter to bomb reactors which are not working. yet. therefore will be no radiation.
02:53 PM on 03/18/2011
So would the US supplying arms to the MKO an act of war against Iran? If we were to be consistent with your logic Iran has the right to bomb New York.

madare jendeh
04:10 PM on 03/22/2011
The US never armed the MKO, so silly comment
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HUFFPOST SUPER USER
QuakerJewish
Reality over myth.
09:15 PM on 03/23/2011
If you researched before responding, you would have seen lots of articles that state otherwise squiems. Here is one of many.

http://www.nejatngo.org/en/post.aspx?id=3403
07:01 AM on 03/18/2011
"If possible, it should act together with other allies."

Which allies Alan? The U$ is already got more than it can swallow while your Arab "Strongmen" are falling like dominoes.... Or did you mean Micronesia?
03:07 AM on 03/18/2011
"Even babies are targeted by those armed by Iran." Since their throats were cut off, I guess Iran is guilty of sending kitchen knives to the West Bank.

"Iran would have no legal standing to protest a surgical attack on its nuclear facilities." And yet they don't attack Iran. I wonder if that's because they are worried about the response, or they would like more Americans to die for their causes? Why sacrifice an Israeli life, when you can do it with an American one.

"If possible, it should act together with other allies." But which ones? the Egyptian and Jordanian ones appear to be evaporating before our eyes. Oh, again, let's sacrifice young Americans. That's what he is saying.

"To be prepared for war is one of the most effectual means of preserving peace." Yes, and that's why the Iranians are ready and that's why the Israelis have not attacked. Let us not forget that the Israelis did attack Lebanon in a prelude to bomb Iran. They wanted to remove the immediate threat of Hezbollah, and level the field for an all out attack on Iran. But it failed. Then, they tried it on the residential homes of Gaza. And it failed.

I think Israel is in a lot of trouble since its regional allies (Egypt, Jordan, Saudi Arabia, and Turkey) are all either in trouble, or have distanced themselves from her. That is a far greater threat to Israel than anything Iran has.
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01:30 PM on 03/18/2011
Exactly.

Tick tock...
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Baghooli
Immortals!
01:02 AM on 03/18/2011
A lot of huff and puff from state which always cries uncle (uncle sam that is) when it comes to confronting Iran, but a roaring lion when unarmed civilians and ships are their adversaries, lol!
07:05 AM on 03/18/2011
Lol... Idf's biggest weapon (was) PR...
08:49 AM on 03/18/2011
100xs fanned Baghooli . . . great blog
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10:36 PM on 03/17/2011
With all the turmoil in that region and Israel boards a ship 200 MILES out at sea and determine it was headed to Gaza !?
We aren't reading much about it but Israel is the process of asking for $20 billion MORE in aid of your tax dollars due to instability in the region. Right now they do not want stability in the region.
12:38 AM on 03/18/2011
I am not convinces that the story is true yet, but if Israel intercepted this particular ship considering the traffic on the Mediterranean, they must have had advanced intelligence. If the missiles prove to be C-704 Nasr, then they are Iranian. It was co-developed between Iran and China, and came into service just a few years ago. Nobody else has them. But then again, this could be a trick by Israel to get some free upgrades for its Navy from uncle sam like installing SeaRam defence system etc.
12:50 AM on 03/19/2011
Nomoredead

absolutely! This is about more money out of our pockets. The banks took the money, why not the Israelis? It's there for everybody except the average Joe. Let's cut Medicare, Social Security, Education, infrastructure, so that the Banks, the Israelis and anyone else who does not give a c**p about our lives can take it. Its easy, just pretend you need it, then your lobbyists will order the money from Uncle Sam's never ending deficit spending. If I could get away with it, I am not sure if I could stop myself.
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09:44 PM on 03/17/2011
I have the craziest idea, what if they did not go to war and, everyone makes peace?
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Amryxx
politeness rules, but with sharpened edges
12:05 AM on 03/18/2011
How are we going to make money off this?
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09:46 AM on 03/18/2011
Peace = trade.
04:12 PM on 03/22/2011
If the iranian government offered israel peace, israel would accept in a second. Not so the other way around.
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CigarGod
What is your process?
03:37 PM on 03/23/2011
I hope you wake up before you get old. The realization of how wrong you have always been might just give you a stroke.
08:35 PM on 03/23/2011
When was Israel last attacked by Iran?
07:21 PM on 03/17/2011
I think both countries have a case for the *right* to do it. Iran helps Israel's enemies, Hamas and Hezbollah, and Israel helps Iran's enemies PJAK, MEK, plus virus attack, plus assassinating physicists.

If the story is true, and Iran is sending C-704/Nars to Gaza, Then Iran is upping the ante, and is sending other stuff too. This is a pretty sophisticated ASCM. It's baby brother C-701/Kosar put a nice size hole in the side of an Israeli Corvette off the coast of Lebanon in 2006.