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Alan Dershowitz

Alan Dershowitz

Posted January 22, 2009 | 01:04 PM (EST)

The Phony War Crimes Accusation Against Israel


Every time Israel seeks to defend its civilians against terrorist attacks, it is accused of war crimes by various United Nations agencies, hard left academics and some in the media. It is a totally phony charge concocted as part of Hamas' strategy -- supported by many on the hard left -- to delegitimate and demonize the Jewish state. Israel is the only democracy in the world ever accused of war crimes when it fights a defensive war to protect its civilians. This is remarkable, especially in light of the fact that Israel has killed far fewer civilians than any other country in the world that has faced comparable threats. In the most recent war in Gaza fewer than a thousand civilians -- even by Hamas' skewed count -- have been killed. This, despite the fact that no one can now deny that Hamas had employed a deliberate policy of using children, schools, mosques, apartment buildings and other civilian areas as shields from behind which to launch its deadly anti-personnel rockets. The Israeli Air Force has produced unchallengeable video evidence of this Hamas war crime.

Just to take one comparison, consider the recent wars waged by Russia against Chechnya. In these wars Russian troops have killed tens of thousands of Chechnyan civilians, some of them willfully, at close range and in cold blood. Yet those radical academics who scream bloody murder against Israel (particularly in England) have never called for war crime tribunals to be convened against Russia. Nor have they called for war crime charges to be filed against any other of the many countries that routinely kill civilians, not in an effort to stop enemy terrorists, but just because it is part of their policy.

Nor did we see the Nuremburg-type rallies that were directed against Israel when hundreds of thousands of civilians were being murdered in Rwanda, in Darfur and in other parts of the world. These bigoted hate-fests are reserved for Israel.

The accusation of war crimes is nothing more than a tactic selectively invoked by Israel's enemies. Those who cry "war crime" against Israel don't generally care about war crimes, as such, indeed they often support them when engaged in by country's they like. What these people care about, and all they seem to care about, is Israel. Whatever Israel does is wrong regardless of the fact that so many other countries do worse.

When I raised this concern in a recent debate, my opponent accused me of changing the subject. He said we are talking about Israel now, not Chechnya or Darfur. This reminded me of a famous exchange between Harvard's racist president, Abbott Lawrence Lowell, and the great American judge Leonard Hand. Lowell announced that he wanted to reduce the number of Jews at Harvard, because, "Jews cheat." Judge Hand replied that "Christians also cheat." Lowell responded, "You're changing the subject. We are talking about Jews."

Well, you can't just talk about Jews. Nor can you just talk about the Jewish state. Any discussion of war crimes must be comparative and contextual. If Russia did not commit war crimes when its soldiers massacred tens of thousands of Chechnyans (not even in a defensive war) then on what basis could Israel be accused of accidentally killing a far fewer number of human shields in an effort to protect its civilians? What are the standards? Why are they not being applied equally or selectively? Can human rights endure in the face of such unequal and selective application? These are the questions the international community should be debating, not whether Israel, and Israel alone, violated the norms of that vaguest of notions called "international law" or the "law of war."

If Israel, and Israel alone among democracies fighting defensive wars, were ever to be charged with "war crimes," that would mark the end of international human rights law as a neutral arbitrator of conduct. Any international tribunal that were to charge Israel, having not charged the many nations that have done far worse, will lose any remaining legitimacy among fair-minded people of good will,

If the laws of war in particular, and international human rights in general, are to endure, they must be applied to nations in order of the seriousness of the violations, not in order of the political unpopularity of the nations. If the law of war were applied in this manner, Israel would be among the last, and certainly not the first, charged.

Every time Israel seeks to defend its civilians against terrorist attacks, it is accused of war crimes by various United Nations agencies, hard left academics and some in the media. It is a totally p...
Every time Israel seeks to defend its civilians against terrorist attacks, it is accused of war crimes by various United Nations agencies, hard left academics and some in the media. It is a totally p...
 
 
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06:23 AM on 02/02/2009
The whole thing is the problem with veto in UN security council, wich mean countries with veto or allied to those countries goes free. Ppl screamed bloody murder when russia bombed chetchenya, but russian veto stopped any actions, china protected the regim in Sudan/Darfur and US protect isreal.

It makes the internetional laws a joke.

Rember if some else do wrong dont it give you the right to do wrong.
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Fireslayer
01:51 PM on 01/27/2009
From the Independent (UK) There are good Jews and Bad Jews. Dershowitz/ & the srael can do no wrong crew are the worst enemies Israel could ever have.

Israeli army's chief rabbinate gave soldiers preparing to enter the Gaza Strip a booklet implying that all Palestinians are their mortal enemies and advising them that cruelty is sometimes a "good attribute".

Go Fight My Fight: A Daily Study Table for the Soldier and Commander in a Time of War, was published especially for Operation Cast Lead, . The publication draws on the teachings of Rabbi Shlomo Aviner, head of the Jewish fundamentalist Ateret Cohanim seminary in Jerusalem.

In one section, Rabbi Aviner compares Palestinians to the Philistines, a people depicted in the Bible as a war-like menace and existential threat to Israel.

The army rabbinate appears to be encouraging soldiers to disregard the international laws of war aimed at protecting civilians, according to Breaking the Silence, the group of Israeli ex-soldiers who disclosed its existence. The booklet cites the renowned medieval Jewish sage Maimonides as saying that "one must not be enticed by the folly of the Gentiles who have mercy for the cruel".

Rabbi Arik Ascherman, executive director of the Rabbis for Human Rights group, called the booklet "very worrisome", adding "[this is] a minority position in Judaism that doesn't understand the ... necessity of distinguishing between combatants and civilians."

Support Israel Peace Now! Stop the IDF/Settler ethnic cleansing agenda!
09:55 AM on 01/27/2009
I agree with Dershowitz's argument that some countries other than Israel have committed war crimes, and have not been called to account for them. This is reprehensible. But it is interesting that nowhere in this piece does he make the argument that Israel has not committed such crimes. His argument is simply that Israel's critics are picking on Israel while ignoring other, often more egregious cases.

I would argue that in the recent conflict, a good place to start is by noting that there is a lot of evidence that war crimes have been committed by both Hamas and Israel. Targeting civilian areas with rockets would seem to be a war crime, but so too would some of Israel's attacks on civilians in Gaza (the case of the Zeitoun family, for example. See
http://www.washingtonpost.com/wp-dyn/content/article/2009/01/26/AR2009012602481.html?hpid=artslot and
http://www.npr.org/templates/story/story.php?storyId=99889479 .) At the very least, I would assume that Israel, as a country which espouses democratic values and purports to do everything it can to avoid civilian casualties, would wish to see a dispassionate and legitimate investigation into such charges.
09:11 PM on 01/26/2009
This is such an amazing argument - basically it's" "yes Israel is bad, but others are worse." I truly wonder what it would take to get Mr. Dershowitz to publicly criticize Israel.
03:58 PM on 01/26/2009
Mr. Dershowitz,

Why do you omit the word "Zionist" from your entire article?

To identify Israel as a "Jewish State", is inaccurate and misleading.

Zionist Israel’s policies of colonialism, racism, genocide, and apartheid are antithetical to, and completely irreconcilable with the principles Judaism, and dishonors the Jewish people.

Judaism is a religious, ethical way of life which goes back thousands of years. Zionism is an immoral political movement barely 100 years old.

http://www.doublestandards.org/jaz1.html

In their own words, Israeli soldiers refused to participate in Zionist crimes against humanity
– speaking in Hebrew
http://www.youtube.com/watch?v=4fyE79k31qQ

Israeli Army officers speaking in English http://www.youtube.com/watch?v=cA2PsnNGGl0&feature=related
http://www.youtube.com/watch?v=cA2PsnNGGl0
http://www.youtube.com/watch?v=em2JB6eysQo
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lbsaltzman
Permaculture and Sustainability
09:42 AM on 02/07/2009
Good points, and speaking as a Jew many of us reject Zionism and want the responsible Israelis brought to justice for the terrible war crimes that are being committed. Dershowitz speaks for the kind of Zionism that I, and many others, completely rejects.
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dc2nm
I don't want a micro-bio.
12:03 PM on 01/26/2009
I'm sorry, but America's automatic support of Israel's actions must end. They have become the tyrants that have threatened them throughout history.

I had hoped that the American Jewish community would speak out against the inhumane treatment of the Palestinians, but they seem to be blinded by ideology. So now it is up to the rest of America to speak out...and in doing so, the Jewish community will claim we are against them. As American's we are for humane treatment of all people...and that includes the Palestinians.
02:19 PM on 01/25/2009
Alan, I have always admired you and thought you to be one of the most intelligent people when it comes to law. I'm sorry to say though, when it comes to Israel, you are just too one-sided on the Israeli side. I respect you and your religion, but I can't listen to you any longer on the subject of Israel. Also, I can't trust anything Joe Lieberman has to say about war in the middle east. His passion for his religion makes him unable to think with a clear head.
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01:53 PM on 01/25/2009
"Just to take one comparison, consider the recent wars waged by Russia against Chechnya. In these wars Russian troops have killed tens of thousands of Chechnyan civilians, some of them willfully, at close range and in cold blood. Yet those radical academics who scream bloody murder against Israel (particularly in England) have never called for war crime tribunals to be convened against Russia."

Here again, Alan Dershowitz is factually incorrect.

Vide, e.g., http://news.bbc.co.uk/2/hi/europe/2911595.stm

It seems when he has an ideology and agenda to push, no truth can stand in the way of his shrill rhetoric.
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Fireslayer
12:30 PM on 01/25/2009
Israel's own Supreme Court in 2005 adjudged the IDF guilty of real human shield employment of Palestinian civilians. To understand the law of human shields, which you clearly do not, read the Court's distinction between marching civilians in front of forces as opposed to your false employment of the doctrine to refer to a restistance force against an illegal and abusive situation when you know damn well this rule regards standing armies.

Again, you are broken record of militant ignorance pertaining to the 40 years of vicious abuse the Palestinians have suffered at the illegal and expansionist IDF. You know that Hamas will talk to Israel if they follow the UN mandate, international law and common sense and return to the 67 border.

Agreed, Hamas is not good for Gaza . This whole massacre was so unnecessary.

IDF cut down their olive groves in Gaza and are doing it elsewhere. This shows the malevolenct intent behind their slaughter of innocents. In a just world the. perps will be in irons at the Hague. I hope you will represent them with your characteristic clinically myopic and uncritical support of the most vicious strains of the otherwise legitimate country of Israel.

You, not Hams, with your distortions, myths and incredibly incompetent legal advice are the worst enemy Israel has ever had.
05:36 PM on 01/24/2009
Carl von Clausewitz wrote in von Kriege that more a war looks a strictly military matter more it's, in fact, a political matter.

Even a tactical victory is not necessarly a way to a strategic decision and sometimes it's exactly the opposite: e.g. the tactical victory of Japan against USA at Pearl Harbour in december 1941. I don't mean that tactical victories are unimportant but I would like to stress the point that a military target, in a victory or not, takes is value from the impact on the political aim and at the end to the strategic decision.

In the recent war against the Hamas in Gaza, nobodies may doubt that Israël win the war in a strict military meaning: the doubt comes about the impact of this military victory on the Israelian politic and diplomacy.

Wining on the field is not enough to makes a strategic decision and the series of limited conflicts in the Middle-East between since 1948 shows this as an obvious conclusion.

Israël must also win the psychological war i.e. the medias and world opinion. If this factor is not take in account, all tactical victories will worth nothing since they are not make a strategic or political decision of any kind.

It's time for Israël to start a political blitz to achieve the war and carry off the strategic victory by giving the Jordan west bank to the Palestinian authority and let them managed the trouble with the Hamas.
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Fireslayer
12:44 PM on 01/26/2009
Clausvitz also wrote "foreign affairs are often hostage to the most ruthless player on the scene." Kissinger was a big fan of that quote. The IDF and their enablers in the Israeli government take this out of context to rationalize their need to be the most vicious thugs on the block instead of the true message for posterity.

We should all condemn brutality and if the world community can bring authority and pressure to bear, the errant parties may mend the erro of their ways. So I wish to attone for my rough treatment of poor old Prof (emeritus) Derch. I will try to quit hwurting his pweshish fwewings.

George Michel, the Belgium EU Humanitarian Director first made very loud and clear protests of the IDF disproportionality and virulent inhumanity. Now his is doing us peacefolks the service of focusing some criticism on Hamas for a co-responsibility. Only by looking at the whole picture can we hope bring peace from the ashes of a losing martial-only strategy previously pursued by both sides.

When one reads something like this, the natural response is to take issue with such a one sided polemic. Will presently post a piece in the making titled "Radical Empathy Approach Part One."

Looking forward to your helpful comments.
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1dogs2
12:42 PM on 01/24/2009
Boycott Dershowitz.
batguano
As Long As Grass Grow, Wind Blow & The Sky Is Blue
11:04 AM on 01/24/2009
What a fascinating universe Mr. Dershowitz inhabits. The history of Israeli slaughter of civilians, "gunmen", or destruction of civilian property in defense of the occupation & colonization of the West Bank & Gaza is well documented. From Dier Yassin to Sabra & Chatilla to Gaza, The IDF has treated the lives of Palestinians & Lebanese with contempt; treated them as lesser human beings to be slaughtered at their whim with always the "victim" card being played by Israel. The world has seen through this charade & fantasy to the racism, ethnic cleansing, war crimes & atrocities committed by Israel, & the Gaza massacre is the final straw. No longer will the world tolerate the self-serving lies & deceit of Israel to "justify" mass killings of children by American supplied F16's, tanks, cluster bombs or IDF soldiers firing point blank. The defense of Israel by people who have lost their moral compass is not acceptable. The control of the lives of Palestinians through occupations/blockades will no longer be tolerated.

Please review the evidence in these links for a view of Israeli motives and crimes.

http://globalresearch.ca/index.php?context=va&aid=11680
http://www.telegraph.co.uk/news/worldnews/middleeast/palestinianauthority/4279102/Bullets-in-the-brain-shrapnel-in-the-spine-the-terrible-injuries-suffered-by-children-of-Gaza.html http://www.haaretz.com/hasen/spages/784358.html
http://www.ireport.com/docs/DOC-178363
http://www.pcdc.edu.ps/13yo_gilr_shot_to_school.htm
http://www.fpif.org/fpiftxt/5776
http://www.progressive.org/mag/avnery010209.html
05:31 AM on 01/25/2009
You didn't offer much of a rebuttal to what Dershowitz said. He has a point. And what about all the atrocities the Palestinians have committed over the years? Remember the name Leon Klinghoffer? That's just the tip of the iceberg. The fact is - if you hold the Jews to one standard, a standard you don't hold anyone else to, you just might be a hypocrite.
08:21 AM on 01/25/2009
When you analyze the raw numbers involved, it becomes pretty clear who is the bigger threat to peace and human dignity by far.
http://www.ifamericansknew.org/
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Fireslayer
12:53 PM on 01/26/2009
I think I do hold Jews, many of whom I have known and basically loved all my life and admire for their scholarship, scientific and artistic accomplishments and courageous, progressive political stands, to a higher standard.

But Hannah Ashwari who I met once reminds me a lot of Abba Eban who I also met. Both were exemplary in their basic humanity.

Fact is Jews have always had the upper hand in this conflict and, like Bobby Kennedy said (imputing it to his father) "of whom much is given, much is expected."

The fact is Jews are better than this atrocious mess in Gaza. If they quit listening to the hatemongers from the cheap seats of Likud (and their current featured hired gun shill) and start listening to Amos Oz and the many many Jewish Voices for Peace the whole world can begin to sleep better.
07:49 PM on 01/28/2009
It's fine to believe that Israel should be tried for war crimes.

But let me ask this, why isn't Hamas being tried when it was aiming for citizens? Why the double standard?
01:21 AM on 01/24/2009
Population of Gaza, 1.4 million.

"In the most recent war in Gaza fewer than a thousand civilians -- even by Hamas' skewed count -- have been killed"

Palestinian death toll: around 1,400 and counting.

I'm going to coin a new word: millimate. With this new word, Mr. Dershowitz can launch another red herring, because you know what Israel did to the Palestinians was only one one-hundredth of what Crassus inflicted on Spartacus' group, and when was the last time anybody complained about Crassus? Israel only millimates, he can say, look at Rome, it decimates...
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Manchurian
With Liberty and Justice for All
03:05 PM on 01/23/2009
Alan, for just once, put yourself in the shoes of a Palestinian. Your land was stolen by the Zionists, your home, to which you still have the deed and the keys, is occupied by Israelis. You and your family have been living in a refugee camp for decades in spite of international law that allows all refugees the inalienable right to return to the homes that were taken from them. You now live in the world's largest prison camp, Gaza, blockaded for months, and the Israelis are using white phosphorous and other horrific weapons against YOU, a civilian who may not even have voted for the democratically elected government of your people, Hamas. Your children have been maimed or massacred by Israeli missiles. You have no hope and nowhere to turn as you slowly starve to death due to the Israeli blockade and the Israeli bombs that destroyed what little food and medicine the UN can stockpile to help you. Think about that, and perhaps you will stop defending the horrible oppression of the Palestinians by the Israelis. For God's sake, man, you are an AMERICAN. Start standing up for American values and stop defending the wholesale slaughter of the Palestinians.
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Ergon
Man From Atlan
03:39 PM on 01/23/2009
Stand up for 'American values'? Do those values include torture?
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Manchurian
With Liberty and Justice for All
05:23 PM on 01/23/2009
Absolutely not. And now that Bush, Cheney and the neocons are out of power, we can hopefully re-establish our reputation as a nation that does not condone torture.
07:44 PM on 01/24/2009
Manchurian, put yourself in the shoes of Osama Bin Laden. does he deserve the -American- occupation to be lifted off of Afghanistan? He too, in his own eyes, is a 'freedom fighter', and like Hamas, he chooses to do so with the aim of destroying that which he perceives as the occupying power completely through terrorizing civilian population. Hamas does not recognize the right of Israel to exist. Hamas' proclaimed mission statement is the destruction of the state of Israel. This means that if Israel were to stop defending itself, Hamas would still try to kill as many Israelies as possible. This means that if Israel withdraws from the Gaza strip, as it has, Hamas would still try to kill as many Israelies as possible. This means that if Israel lifts the blockade, Hamas would be able to smuggle better, more accurate weapons, and would still try to kill as many Israelies as possible (and would be much more successful at it). I see you offering your solution to the situation from the point of view of one side, but I don't see any solution to the other side.
10:23 PM on 01/24/2009
That's a pretty poor analogy, JohnSmug. Bin Laden is not an ethnic Afgan, while Hamas is Palestinian. This most recent occupation of Afghanistan came about due to a single specific incident, while the 60+ year Israeli/Palestinian conflict (some would call it an occupation) is what gave rise to relatively recent Hamas. While Hamas does not recognize Israel's right to exist, neither does Israel recognize either Hamas' victory in a free democratic election or, indeed, it's right to exist. Israel makes this position abundantly clear through completely terrorizing the civilian population of Gaza.

You say that the blockade shouldn't be lifted because Hamas can't be trusted and clearly the Israeli leadership agrees. However, it was Hamas that fulfilled it's obligations during the ceasefire (it's hard to blame Hamas for not being able to stop 1 to 3 rockets from getting over the line by other groups who had opposed the ceasefire), while Israel continued the blockade. Rather than taking a chance on peace, Israel refused additional ceasefire proposals. Basically the idea is that we won't talk to Hamas because they are not be trusted and we know this because we won't talk to them.