The Hyposcrisy of "Universal Jurisdiction"
Last week, Israeli Defense Minister Ehud Barak--the former Dovish Prime Minister who offered the Palestinians a state on all of the Gaza Strip, 95% of the West Bank and a capital in East Jerusalem--was arrested when he set foot in Great Britain. (He was quickly released on grounds of diplomatic immunity because he was an official visitor.) And now Moshe Yaalon, an Israeli government minister and former Army Chief of Staff, was forced to cancel a trip he was scheduled to make in London on behalf of a charity, for fear that he too would be arrested.
The charges against these two distinguished public officials is that they committed war crimes against Palestinian terrorists and civilians. Yaalon was accused in connection with the 2002 targeted killing of Salah Shehadeh, a notorious terrorist who was responsible for the deaths of hundreds of Israeli civilians and was planning the murders of hundreds of more. As a result of faulty intelligence the rocket that killed Shehadeh also killed several civilians who were nearby, including members of his own family. Barak is being accused of war crimes in connection with Israel's recent military effort to stop rockets from being fired at its civilians from the Gaza Strip.
The British government and British prosecutors have not supported the arrest of Barak and Yaalon. Those demanding the arrest of these Israelis are hard-left political activists who are seeking to invoke so-called "universal jurisdiction" against those who they consider guilty of war crimes and genocide. They have absolutely zero interest in human rights, in the laws of war, or in preventing genocide. Indeed, many of them supported the Cambodian genocide and have refused to condemn the Rwanda and Darfur genocides. They would never dream of demanding the arrest of Hamas murderers who target Israeli schoolchildren for suicide bombings or rocket attacks. They are willfully misusing these concepts--human rights, universal jurisdiction--to serve their anti-Israel and anti-Western ideology. What they are doing undercuts the neutrality and value of these protections.
If they were at all interested in human rights they would be going after the worst first--those who murder innocent civilians as part of a campaign of ethnic cleansing or genocide. But they are interested in Israel and Israel alone. That's why they demand boycotts and divestment only from the Jewish state and not from real human rights violators. Indeed, most of them would fervently reject to sanctions against Iran, North Korea, Libya, Venezuela, China, Zimbabwe, Syria or Saudi Arabia.
It is disgraceful that Israeli leaders cannot walk the streets of London safely, while Hamas and Hezbollah leaders are honored and celebrated. The time has come for Israel to confront this issue directly and to take legal action to prevent radical Israel-haters from misusing decent laws to achieve indecent results.
Just imagine what a trial would look like, if it were conducted fairly and objectively. The Israelis would be able to prove that their campaign of targeted assassinations of terrorists has worked effectively to reduce terrorism against Israeli citizens and others. Israel has inadvertently killed some civilians, but the ratio of deaths has been reduced to 1 civilian for every 28 terrorists. This is the best ratio of any country in the world that is fighting asymmetrical warfare against terrorists who hide behind civilians. It is far better than the ratio achieved by Great Britain and the United States in Iraq or Afghanistan, where both nations employ targeted killings of terrorist leaders.
Recall that it was Great Britain that implemented a policy during the Second World War of targeting civilians in cities such as Dresden and that it was the United States that implemented the same policy in its firebombing of Tokyo. Indeed, it is fair to say that no country in modern history has ever been more protective of enemy civilians than Israel has been during its 75 year fight against terrorism.
As Richard Kemp put it during the Gaza War:
From my knowledge of the IDF and from the extent to which I have been following the current operation, I don't think there has ever been a time in the history of warfare when any army has made more efforts to reduce civilian casualties and deaths of innocent people than the IDF is doing today in Gaza. ...
Hamas, the enemy they have been fighting, has been trained extensively by Iran and by Hezbollah, to fight among the people, to use the civilian population in Gaza as a human shield ... Hamas factor in the uses of the population as a major part of their defensive plan. So even though as I say, Israel, the IDF, has taken enormous steps...to reduce civilian casualties, it is impossible, it is impossible to stop that happening when the enemy has been using civilians as human shields.
Recall that before Israel went into the Gaza Strip, nearly 10,000 rockets had been fired at its civilians from behind human shields. No nation is obliged, under international law, to accept the risks of catastrophic outcomes from these anti-personnel rockets.
So let there be a legal proceeding--a fair one in an objective forum--in which Israel's policies are tested against those of other countries. The end result would be that Ehud Barak and Moshe Yaalon will be able to hold their heads up high and walk through the streets of any western city in the full knowledge that what they have done meets and indeed exceeds every standard of international law applicable to their conduct.
Mort Zuckerman: The Cruel Dilemma Facing the Jews of Israel
The progress being made by the Palestinians, in terms of controlling the terrorists and criminal gangs, is one of the most promising developments to have occurred in decades.
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Gaza and Israel are in the state of war. This is not a dispute or a riot. This is a war where enemies shoot various advanced missiles at each other.
And Gazans have been losing and will continue to lose this conflict just as Palestinains lost every war they ever fought against Israel, Jordan and Lebanon.
Hypothetical situation. If in 2008 Mexico fired thousands of missiles on San Diego get it back, the sate of Mexico would've ceased to exist within weeks.
War criminals all have their supporters, but the comparison between the ineffectual homemade rockets
and the Israeli military's killing entire families of Palestinians is not quite having the propaganda effect
the Israeli-Firsters want.
Now back to facts.
List of attacks rocket attacks on Israeli civilizans in 2008-- 3000 rockets,mortar and Grad rockets.
8 civilians lose their lives. Many are seriously injured.
March 1, 2008 ; Israeli 8 year-old had his leg amputated. One Israeli civilian loses his life.
February 5, 2008
n 8-year-old boy and his older brother were seriously wounded
February 25, 2008
Gazans fire a rocket. on a elementary school. 10 year old Yossi Chymov, was critically injured in the attack.[
http://en.wikipedia.org/wiki/List_of_Palestinian_rocket_attacks_on_Israel,_2008#Visual_Summary
Since the time IDF took action against the Hamas-- close to zero attacks.
And it will be repeated as many times as necessary.
Solution for Gazans: overthrow Hamas and chose peaceful co existence.
Thank-You Professor. Your very description of those wingnuts (who I insist have more in common with the hard right) as people who have absolutely no interest in human rights, social justice or for that matter, studying and understanding history, is spot on. What person who professes to support the womens movement for example could possibly crawl into the same political hole as those murderous, misogynist thugs from Hamas?
Do they care that hundreds of thousands of Black Darfurians are being slaughtered by Arabs, who "run" their country? Nah.
Do they care that millions of Pakistani citizens are living in refugee camps, having been forced out of Pakistan? Nah.
Do they care about anything other than demonizing and dehumanizing Jews in the state of Israel? Nah.
Talk about mind bending!
The only good thing (perhaps) is that some of these "hate Israel first and for any reason" types will grow older and see the error of their ways. They may even study history a bit, take a trip out of their own country and see the rest of the world in all of its' complexities, you know, become more educated.
One can hope right.
And the beat goes on. Israel has rockets continually fired at it from schools, hospitals and densely populated neighborhoods. Even Japanese kamakazees in WWII targeted military and not civilians. These thugs praise one another when they become homicide bombers in Israeli shops and neighborhoods. But Israel becomes the culprit while the Arab terrorists go free. Enough is enough. The Arab terrorists are to blame for any their civilians killed as they cowardly fire at Israel from behind innocent women and children. The UN is a joke. Israel can and will defend herself against these fanatics especially Iran. But Iran, like the other arab nations are deathly afraid of the IAF.
1. The article begins with a lie. Ehud Barak was NOT arrested when he came to England. An arrest warrant was applied for, to Westminster Magistarate's Court, by lawyers acting for the Mezan Center for Human Rights (Gaza) and al-Haq (Ramallah). The application was declined.
2. The 2 organizations may be left wing, but, despite extensive internet searching, I can not find ONE suggestion that either have supported the Cambodian Genocide or have "refused to condemn the Rwanda and Darfur genocides" - References please.
3. It is a nonsense to suggest that a judiciary should not arrest a person because others who may have committed worse offences are outside of that jurisdiction at the time. You arrest the suspect when you can.
4. Who are the "most of them" that would "reject sanctions ......."?
5. It is unsubstantiated, unjustifiable nonsense to suggest that Israeli leaders are any less safe on the streets of London than anyone else.
6. If Israelis who might be arrested would be able to demonstrate their innocence so easily, why are they so afraid of facing a court?
7. The 1 - 28 statistic seems fanciful. Please justify.
8. The Dresden mention is pure distraction. Why mention it?
9. YES (at last), by all means let's have legal proceedings, in the International Court of Justice, against all those who are alleged to have committed war crimes, Israeli, Palestinian, British, American, whoever, and let's stop hiding suspects in our respective countries, or behind barriers of "diplomatic immunity".
This deserves particular note:
"Recall that before Israel went into the Gaza Strip, nearly 10,000 rockets had been fired at its civilians from behind human shields. No nation is obliged, under international law, to accept the risks of catastrophic outcomes from these anti-personnel rockets."
Very few people were harmed by these desperate and non-aim-able rockets. Describing these a catastrophes is typical of this courtroom trickster. He means the death of one Jew is worth the retaliatory deaths of thousands of non-combatants.
The global noose is tightening, and the Zionists are screaming. It will continue to tighten. israel should reasign from the UN before it's expelled. .
So what you are saying is that if few people die, then it's not a crime? So I guess if a serial killer only killed *one* person, then he'd get off scot free, since there are others who have killed much more? Think about what you are saying.
There has been far more damage done than you seem to be willing to admit. Perhaps you should read some of the stories of people who have lived under rocket fire for years:
http://sderotmedia.org.il/bin/blog.cgi?q=1&s=1
There was a woman in Ashkelon who was hit with multiple fragments of a rocket and has had to have more than ten surgeries. But I suppose that "doesn't count" because she didn't end up at room temperature, right?
Between 75 and 95% of children in Sderot have PTSD symptoms
http://www.haaretz.com/hasen/spages/945489.html
But since they are alive, I guess those rockets are "harmless," right? Homes, cars, *lives* have been destroyed by these rockets. How can you apologize for them?
"The global noose is tightening, and the Zionists are screaming"
-Think about who you sound like when you say stuff like this.
Your comparison between desperate people trying to strike back against an aggressive occupier and a serial killer is lame and invalid.
I would criticize the Gazans if they had really accurate weapons and still fired them at the civilian population. You know, like the Israelis do.
And I'm sure many white South Africans suffered traumas when they wrere attacked before apartheid was eliminated. Israeli casualties are the responsibility of Israel's neo-colonial policies.
RE: the global noose.
I sound like someone watching as the world turns against a neocolonial, racist nation built on the theft of peoples' land and property, and I rejoice. The Israelis are pulling their financial and political strings everywhere in increasingly desperate moves to stop this.
They will lose, they are only increasing their pariah-hood.
You seem to miss the very salient fact that during that same period, Israel shot 14,000 devastatingly powerful and accurate mortars into Gaza, one of the most densely populated areas on earth, and killed hundreds, BEFORE operation cast lead killed 1400. They also sent in assassination squads who routinely killed innocents in the quest for their targets.
In fact, the longest standing complete cease fire during this period was broken by Israel.
We must also realize that while firing the rockets was both ineffectual and wrong, much of it ws retaliation for Israel assassinations and attacks on Palestinian civilians. Whenever Hamas would honor a cease fire Israel would provoke some group in Gaza by attacking the Gazans during the ceasefire. The Israeli government used their own citizens as cannon fodder for their own nefarious puposes.
Lies.
Blatant lies.
This is such a confused posting that it is impossible to know where to start.
Paragraph after paragraph is unsubstantiated opinion and ranting and the allocation for the number of words one can post as a comment is simply insufficent.
I will comment on only one, Britain learned all about bombing entire cities from the Luftwaffe when it chose to raze Coventry to the ground.
If war crimes are alleged to have been committed by anyone, that person should not be able to hide from judicial consequence because of any affiliation, political or otherwise, be he Palestinian, Israeli, British, American or anything else.
Neal Jansons is absolutely right. Prosecutions cannot pursued by leaving out an alleged criminal because another alleged criminal (who may or may not have committed "worse" crimes) has not yet been caught. That is a ridiculous concept.
Israel was a major promoter of the International Criminal Court until it took a look at the extremely likely probability that some of its citizens might be called to that court to account for some of its actions, so it can hardly complain when international juridiction is applied.
Why have my comments (which were printed earlier) been removed? I have responded to LonelyGod, the replies were printed when originally put up (and passed moderation), and these replies have now been removed.
Is AD afraid of legitimate criticism of Israel, with proof that the Israeli government will even call Jews anti-Semitic if that Jew disagrees with them?
Yes, He, or the people who moderate this column, are.
My posts, which are on point, and respectful, but critical of Israel and the terrible price that they and we are paying for the settleme*nts, are also routinely cut. I doubt this one will make it either.
Almost every other person who bloggs here accept my posts, but Dersh does not. I suppose, like any good attorney, if your case is weak and you client is guilty, it helps to have real evidence suppressed if you can get away with it.
What a hilarious post.
The fact that I can read it proves that your conclusion is incorrect.
I can see the usual Israel haters have weighed in, no surprise there. How about you folks pass on this opportunity to trash Israel and think of the larger picture. If Israelis feel that the entire world is against them, and Professor Dershowitz has made a convincing case that Israel is specially singled out, then they will be less open to compromise with the Palestinians. Only when Israel feels safe will they withdraw from the West Bank.
If the Israelis feel that no matter what they do, for example dropping leaflets and making cell phone calls to warn civilians out of the way, that they are trashed by the world, then they will figure "damned if I do, or damned if I don't" and they will be less careful next time they have to clean out a nest of terrorists hiding behind women and children.
I know that you live to hate Israel, but perhaps you could give it a rest for a day and try to promote middle east peace.
You may now resume your regularly scheduled Israel bashing.
Sorry - gave up after Israel haters........it's a path that leads nowhere.
The international community has spoken. The apologists, revisionists & spin-doctors of the pro-Israel lobby are losing their battle. The truth is coming out. It's wonderful to see pressure being applied where it rightfully belongs.
If by the international community you mean a left-wing group not supported by the British government or the British legal system, much less the rest of the world, then I agree.
Classic case of denial & distortion. We need to hunt down & bring these war criminals to justice every time they leave their rogue nation.
Clearly the scientific method has been applied to reach this conclusion.
Israel has been committing international crimes for a very, very long time. The Internet is here now. My generation actually cares about what happens outside of our country. Soon, very soon, there will be a reckoning. American politicians who continue to support Israel's actions will find their election prospects diminishing. Then it'll be proper ******, cause we are the only ones holding back justice.
This man has the audaacity to talk about fair and objective - safe to say he just doesn't get irony.
As for this IDF player not being able to walk the streets of London safely......what the?
Too many people in the past have escaped international prosecution for war crimes. I think the war criminals in Israel won't be so lucky. Justice is closing in on them. In the shortrun it is good news that Israeli leaders are now afraid to travel abroad. Maybe the next time they sit in their padded chairs of power in Tel Aviv, they will think twice about ordering their soldiers and police to commit more war crimes against either the Palestinians or the Lebanese.
If Alan Dershowitz takes the time to read the responses to his blogs, he will discover how many people are unafraid to openly and justifiably criticize Israel. Though politicians and much of the news media remains afraid of the lobby more American citizens are waking up. The process is much further along in Europe and the rest of the world, but we are catching up. Israel used to be able to count on support from liberals and progressives, but the majority of that large portion of the American public has awakened to the horrific crimes Israel is committing against the Palestinians.
great blog as usual lb . . . totally with you!
Word.
Thanks for the support.
second that!
"If Alan Dershowitz takes the time to read the responses to his blogs, he will discover how many people are unafraid to openly and justifiably criticize Israel."
But, but saltzman! I thought anyone who criticized Israel was called an anti-Semite! That's what you've been saying for years, right? You seem to be contradicting yourself.
lg - good to see you speak for yoursel and not the informed.
Ahh yes, the process in Europe is further along. The same process that saw a rise in attacks against Jewish citizens of various European countries during the Gaza War?
good for the UK . . . if only the US, the UK, the EU, the UN would all enforce international law and start by pulling down the Jerusalem Wall which stands in defiance of international law . . . we might begin action for peace in the Middle East
What goes around comes around. Some people call the Palestinians terrorists but when they have been stripped of everything I can't blame them for fighting back. What is disgraceful is the fact that there are over 9000 Palestinians in Israeli prisons. Just like GITMO most of them will never see the inside of a court room.
Sure. Let's nail 'em all to the wall. Any and all war criminals. Take them all to trial and let the chips fall where they may. Agreed completely.
But, since we are trying to be legitimately interested in justice, not the interests of any nation or nations, and these people are accused of war crimes and legally arrested for such, why should they be released or should we wait to investigate them? It doesn't seem to make sense that we have to catch the bad guys in some order based on who is worst before prosecuting and holding trials. We don't do that in anything else; we prosecute opportunistically. Thus, since these two have been accused and arrested, it is the correct pursuit of justice to have the trials now.
Also, no amount of practical deterrence of terrorism makes war-crimes not war-crimes. Effectiveness is not a factor (which is one of the reasons the "Cheney defense" of torture doesn't matter...torture is illegal, regardless of whether it works or not). Let me repeat this for clarity: no behavior on the part of your real or perceived enemy can change the moral status of war-crimes.
Awesome.
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