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Alan Dershowitz

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Should Israel Have Agreed to Exchange Terrorists for a Kidnapped Soldier?

Posted: 10/14/11 04:33 PM ET

The Israeli government has agreed to release hundreds of properly convicted Palestinian terrorists in exchange for one illegally kidnapped Israeli soldier. This decision, understandable as it is emotionally, dramatically illustrates why terrorism works. By agreeing to this exchange, Israel has once again shown its commitment to saving the life of even one kidnapped soldier, regardless of the cost. And the cost here is extremely high, because some of the released terrorists will almost certainly try to kill again.

Leaders of terrorist groups, such as Hamas and Hezbollah, fully understand this cruel arithmetic of death. As Hassan Nasrallah, the head of Hezbollah, put it: "We are going to win because they love life and we love death." Democratic societies that value the life of each citizen are more vulnerable to emotional blackmail than societies that are steeped in the culture of death. Terrorists understand what history has shown: that democratic societies, regardless of what they say about not negotiating with terrorists, will, in the end, submit to emotional blackmail. They will release their terrorist prisoners in order to obtain the release of their own kidnapped or hijacked citizens. Accordingly, the threat of deterrence against terrorists is weak, because every terrorist knows that regardless of the prison sentence he receives, there is a high likelihood that he will be released well before he has served it. This not only encourages more terrorism, but it also incentivizes kidnappings and hijackings that provide the terrorist with hostages to exchange for captured terrorists.

Accordingly, from a pure cost-benefit perspective, it may well be wrong to agree to such disproportionate exchanges. But democracies do not operate solely on a cost-benefit basis because the families of kidnapped or hijacked citizens have a right to present their emotional case in the court of public opinion, as Gilad Shalit's family, especially his mother, so effectively did. They can influence policy against a simple cost-benefit calculation and in favor of a more humanistic approach. Israelis know Gilad Shalit. He is everyone's son. They do not know those who may someday be killed by the released terrorists. They are faceless and nameless statistics -- at least for now. The pleas of the Shalit family resonate with every Israeli who loves their children.

Contrast the pleas of the Shalit family with the plea of Zahra Maladan. Maladan is an educated woman who edits a women's magazine in Lebanon. She is also a mother, who undoubtedly loves her son. She has ambitions for him, but they are different from those of most mothers in the West. She wants her son to become a suicide bomber. At the funeral for the assassinated Hezbollah terrorist Imad Mugniyah -- the mass murderer responsible for killing 241 marines in 1983 and more than 100 women, children, and men in Buenos Aires in 1992 and 1994 -- Ms. Maladan was quoted in the New York Times offering the following admonition to her son: "If you're not going to follow the steps of the Islamic resistance martyrs, then I don't want you."

Nor is Ms. Maladan alone in urging her children to become suicide murderers. Umm Nidal, who ran for the Palestinian Legislative Council, "prepared all of her sons" for martyrdom. She has ten sons, one of whom already engaged in a suicide operation, which she considered "a blessing, not a tragedy." She is now preparing to "sacrifice them all."

It is impossible, of course, to generalize about cultures. There was genuine joy among many in Gaza when the deal was announced and when it became evident that their loved ones, despite their terrorist activities, would be returned. All decent people love their children and want them to live good lives. It is their leaders who prefer death (though not their own) over life and who make their followers feel guilty for not acting on that perverse preference. Democratic leaders, on the other hand, urge their citizens to act in the interests of life and who see death as a necessary evil in fighting against even greater evils.

While the preference for life over death may appear to be a weakness in the ability of democracies to fight against terrorism, in the end it is a strength. It is a strength because it signals a democracy's commitment to value the life of every single one of its citizens. Israeli and American soldiers go into battle knowing that their countries will do everything in their power to rescue them, even if it means taking extraordinary risks. Nations that are committed to such humanistic values tend to have superior armies, as the United States and Israel do.

An important goal of terrorists is to force democracies to surrender their humanistic values. Israel's values include never leaving a soldier behind, whether he is alive, as Shalit is, or dead, as have been other soldiers whose bodies have been exchanged for prisoners. Israel, by agreeing to exchange hundreds of terrorists for one soldier, has shown the world that it will not compromise on its value system which proclaims that "he who saves one human being, it is as if he has saved the world."

Alan Dershowitz's latest book is the Trials of Zion. An earlier version of this article was published in Newsmax.

 
 
 
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Iconcoclast
complicated laws are opportunities for scoundrels
01:18 AM on 10/22/2011
"Israeli and American soldiers go into battle knowing that their countries will do everything in their power to rescue them, even if it means taking extraordinary risks. "

Another reason that democracies can succeed is when they become totally convinced that the adversary must be utterly destroyed-such as during WWII and the utter destruction of both Japan and Germany.

At some point the Palestinians will oppress Israel to the point where the country accepts there will be no peace--ever. Only a war to the very end. The Palestinians recognize that. When will the Israelis?
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Greg Mirsky
Riga dimd, Riga dimd, Kas to Rigu dimdinaj?
12:22 PM on 10/21/2011
And this is one of occasions I disagree with Mr.Dershowitz. Not on the exchange itself but on that Israel entered negotiations at all. I've made references to Russia's law that limits subjects that any official can negotiate with hostage takers, with terrorists, with criminals - release of hostages and conditions of criminals surrendering to authorities. Anything else, any other promise negotiator makes and he or she can be charged for breaking the Law. Tough? Russia experienced its own high profile hostage crisis and this law is result of learning painful lesson - you can not give in to terrorists. Hospital in Budenovsk, theater in Moscow, school in Beslan - these are no less painful than Gilad Shalit. And Russia ironed its law and stuck to it. There are many things they must to do to protect citizens but no exchanges of jailed terrorists or criminals for hostages - step in the right direction. And Israel, Israeli society will probably benefit from certainty of similar law.
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11:50 AM on 10/20/2011
Yes..Free people love life, while Jihadists worship death. Thats a big disadvantage! But that's a "humanistic" word, and it is invisible in the Arabic vocabulary. This is not a war we are fighting with tanks and infantry..its a war between Humanism and Inhumanism! Israel will have to be on special alert..the USA too!
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Readbetweentheelevens
You can't turn the wind so turn the sail.
08:59 PM on 10/19/2011
Israel.. has shown the world that it will not compromise on its value system which proclaims that "he who saves one human being, it is as if he has saved the world."

"We possess several hundred atomic warheads and rockets and can launch them at targets in all directions, perhaps even at Rome. Most European capitals are targets for our air force. Let me quote General Moshe Dayan: 'Israel must be like a mad dog, too dangerous to bother.' I consider it all hopeless at this point. We shall have to try to prevent things from coming to that, if at all possible. Our armed forces, however, are not the thirtieth strongest in the world, but rather the second or third. We have the capability to take the world down with us. And I can assure you that that will happen before Israel goes under.
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10:11 AM on 10/19/2011
The Sabra and Shatila massacre took place in the Sabra and Shatila Palestinian refugee camps in Beirut, Lebanon between September 16 and September 18, 1982, during the Lebanese civil war. Palestinian and Lebanese civilians were massacred in the camps by Christian Lebanese Phalangists while the camp was surrounded by the Israel Defense Force.
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09:50 AM on 10/19/2011
Should Palestine have greed to exchange their ONLY prisoner.....for 1000 of 8000 hostages held STILL in Israeli dungeons?

A Yale Professor with far greater intelligence then Dershowitz explained to me over pizza in downtown New Haven, Ct over 10 years ago how it should be put.

"WHEN WILL ISRAEL RECOGNIZE 15% OF WHAT WAS ONCE 100% PALESTINE" .......why do Palestinians have to recognize 85% of their land stolen first in order for Israel to not destroy the last 15% of Palestine and place illegal zionist colonialists on the land.
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BcemXAHA
אני כלום בלעדיהם
07:54 PM on 10/19/2011
Sure OldBachmanEyes/IsraelisinTheGutter/CollectivelyPunished/FoxNewsCreationism etc... etc... that Yale professor sure finds you important enough to share a slice of pizza with... of course...how is your ADL husband doing?
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Djay0252
America needs to Bless God
11:11 AM on 10/18/2011
The word terrorist is misused in so many cases and am sure that is so here. Israel shows humanity by releasing captives all the while continuing to build in E Jerusalem. I don't call that peace negotiations.
10:42 AM on 10/18/2011
At the route of Alan Dershowitz's article is an ill founded assumption that a man of his intelligence knows to be false. His need to explicitly state the 'properly convicted' nature of Palestinians in reality reveals the fact that they are anything but. While some of them may be 'terrorists' many are civilians scooped up by the IDF in the occupied territories, a place where the IDF has no right be be operating under law, therefore these internees have been kidnapped just as must as Gilad Shalit was. The volume of Palestinians being released indicates the extent to which IDF hostage taking is more frequent than that of Palestinian armed groups.
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Anybodyseenthepopos
אני כלום בלעדיהם
12:59 AM on 10/19/2011
Wrong.
03:53 PM on 10/19/2011
Do you care to elaborate on that statement?
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10:14 AM on 10/19/2011
100% RIGHT!......................FLAGGED AS TRUTH
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Sam Bark
It's a MAD world after all...
03:11 AM on 10/21/2011
lydda -- keep dreaming....... why 63 years are NOT enough for your brethren....how many more chances and lives you want ot waste away.....?
08:54 AM on 10/18/2011
Israel is too human and her policies reflect the utmost concern for human right even at the cost of her own. You have all wrong and sadly reflect your hatred to the Jewish state. Israel stole no man's land. And the notion that there is such a people-hood called Palestinian is a myth, even as we speak. Read here: http://www.imninalu.net/myths-pals.htm So please, double check your facts before you spew the lies, myths and falsehood that the Arab world created for only one reason, the distraction of the Jewish people home land. The Jews are there by legal right and not by sufferance. If there is a nation on this planet that has a legitimate birth certificate it is the Jews. And Palestine was never an Arab country or a sovereign power.
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Sam Bark
It's a MAD world after all...
03:13 AM on 10/21/2011
onelivetolive - well said, F&F
09:57 PM on 10/17/2011
Deshowitz life revolves around supporting Israel. No matter how inhumane their policies are. Imagine you are a Palesteninan and you see your land being stolen, you have no job your place of worship is burnt (price tag) . What are you suppose to do love these people. It is easy for him to call them Terrorist. But one man Terrorist is another one Freedom Fighter.

0
12:37 PM on 10/19/2011
Let's compare UNPROVOKED actions by Israel to "UNPROVOKED" actions by Palestine - then talk.
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discocapper
Israel Only Fires Back!
04:53 PM on 10/23/2011
Dershowitz has about an 85 IQ point lead on you.
06:43 PM on 11/15/2011
And I have a 185 points ahead of you.
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Trollstein
Once you go Schwartz, you never go back baby
07:44 AM on 10/16/2011
On its face value, this would seem to be an inequitible deal. Only if there is a back-room deal occuring is the exchange explainable and especially by Netanyahu and Lieberman.
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Anya Khan
01:59 PM on 10/18/2011
Learn more about Israeli history. The concept of "no one left behind" is part of the country's culture.
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Anybodyseenthepopos
אני כלום בלעדיהם
12:59 AM on 10/19/2011
He knows. If anyone knows it's trollstein. Guess you're just gonna have to take my word for it. Hang out on the middle eastern threads and you'll see.
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Sam Bark
It's a MAD world after all...
03:21 AM on 10/21/2011
anya - correct, Israel has an unwritten moral agreement with its army - we will NOT FORESAKE YOU.
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Gerald Serlin
Retired lawyer. Perserverantia Vincit
10:27 PM on 10/15/2011
Of course it was a gross mistake to pay the ransom. Now every Israeli soldier will be subject to a raised threat of kidnapping, along with the natural dangers of soldiering.

All the things Mr. Dershowitz mentions about the humanity of the Israeli democracy do apply. But the cost is much too great. Surely more than one Israeli life will be lost because of this "exchange". This kind of "bargaining" is sure to cause more harm than good.

My apologies to soldier Gilad and his family, but even they surely know the harm that will come from this.
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Anya Khan
01:58 PM on 10/18/2011
You don't think that every Israeli soldier is already threatened of kidnapping?
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Sam Bark
It's a MAD world after all...
03:23 AM on 10/21/2011
gerald, I hear your concern, and I am as well aprehensive about it, talking with my brother there, his view was a bit more optimistic...we had to take the risk, and time will tell......
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songoftherushes
I can think, I can wait, and I can fast
10:04 PM on 10/15/2011
"he who saves one human being, it is as if he has saved the world."

So long as that human being fits some very specific criteria, eh?
12:01 PM on 10/16/2011
Not according to Jewish Law. "Human being" exactly = human being - no criteria.
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TheRationalLeft
05:29 PM on 10/15/2011
Blah, blah - the usual non-analytical non-sense from "professor" Dershowitz. If you are really interested in the analytical, geopolitical side of this, please see this:
http://www.atimes.com/atimes/Middle_East/MJ13Ak02.html
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Sam Bark
It's a MAD world after all...
03:27 AM on 10/21/2011
therationalleft -- that's an oximoron....
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