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Omar Baddar

Omar Baddar

Posted: February 1, 2010 12:31 AM

Point of Desperation: Alan Dershowitz and the Defense of Israeli Conduct

What's Your Reaction:

The list of UN resolutions, legal bodies, mainstream human rights organizations, and prominent human rights advocates who have recently condemned, with overwhelming evidence, Israel's atrocities against Palestinians has become too large to ignore. Indeed, it is so extensive that one can no longer defend Israel's human rights record without having to attack the international human rights community itself, along with authoritative institutions of international law, and accuse them of exacerbating the conflict. Such zealotry was on full display since the human rights community shed light on Israel's atrocious conduct in last year's assault on Gaza. However, it sank to a new low of desperation yesterday, when Israeli news outlets reported that Harvard Law professor Alan Dershowitz has accused the eminent South African judge Richard Goldstone of being an "evil man" and a "traitor to the Jewish people."

This is not the first time that Deshowitz has attacked respected figures or organizations in the human rights community. To take a couple of recent examples among many, Dershowitz accused Amnesty International (AI) and Human Rights Watch (HRW) of supporting terrorists and, in the case of HRW, of suppressing evidence of terrorist misconduct in order to demonize Israel. One expects such wild and grotesque attacks on credible human rights organizations perhaps from a North Korean or a Sudanese government agent eager to obscure the crimes of the state apparatus they serve. But in this case, such attacks are coming from a so-called "progressive" professor at Harvard.

Nor was yesterday's report the first time that Dershowitz has taken on Goldstone. When the Goldstone Report was first released last September as yet another highly credible report detailing the crimes of Israel and Hamas, Dershowitz was quick to castigate the report, though his allegations then at least had the semblance of merits.

But the case against the Goldstone Report is not winnable on merits. One cannot assert, as Dershowitz does, that the IDF is "one of the most moral armies in the world" when its extensive use of cluster bombs against Lebanese civilians prompted an Israeli commander to say: "What we did was insane and monstrous." Not when Israel flattens entire neighborhoods, uses white phosphorous against civilians, and certainly not when confessions of Israeli soldiers regularly beating Palestinians (including children) are constantly being released can one make such an absurd assertion about the IDF's morality with a straight face.

With an unwinnable case on merits, Dershowitz appears to have turned to ad hominem attacks instead (i.e. if you cannot respond to the message, attack the messenger). Indeed, his latest book on the topic, The Case Against Israel's Enemies, is riddled with ad hominem attacks on prominent critics of Israeli policy, including Jimmy Carter, Noam Chomsky, Richard Falk, and many others.

But this most recent accusation against Justice Goldstone as a "traitor to the Jewish people" is unique in that it implies a demand from Dershowitz on all Jewish people to adopt a monolithic view in defense of Israeli policies. A demand for groupthink is undesirable in any setting, but is even more detestable as a test for ethnic loyalty. And it gets even more unfathomable: Richard Goldstone is a very highly respected jurist who was the chief prosecutor for the international criminal tribunals on Rwanda and Yugoslavia. He is Jewish, Zionist, has close ties to Israel, serves on the board of Hebrew University, refused to investigate Israeli conduct without investigating Hamas as well, and is critical of the UN Human Rights Council for (in his view) singling out Israel too often. Despite all of this, Dershowitz saw it fit to declare his treason, not to the state of Israel, but to the "Jewish people," because his investigation accused Israel of war crimes.

Of course, I would not insult my readers by suggesting that my help is needed in figuring out whether this reputable and highly respected jurist was simply investigating the evidence of what took place in Gaza, or whether he suddenly decided to betray his people (reasonable people can easily figure this one out). But what is difficult to deny at this point is that Dershowitz seems more interested in discrediting critics of Israeli policy than he is in engaging in honest discussion on the Israeli-Palestinian conflict. This is nothing less than a desperate and single-minded attempt to obscure or exonerate Israel's atrocities; in effect, defending the indefensible.

Such stubbornness and zealotry, on this issue in particular, is all too common, and it must be resisted by peace and justice advocates on all sides, so that we may hopefully see peace within our lifetime.

 

Follow Omar Baddar on Twitter: www.twitter.com/omarbaddar

 
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HUFFPOST BLOGGER
Alan Dershowitz
04:31 PM on 02/01/2010
Omar Baddar’s Feb 1, 2010 blog well illustrate­s the role that ad hominem argument is playing in the analysis of the Goldstone report. Baddar, who like most of the report’s advocates has probably not read the entire report, bases its defense of it on who Richard Goldstone is: “He is Jewish, Zionist, has close ties to Israel, serves on the Board of Hebrew University­…” etc. (He also cites other organizati­on such as Amnesty Internatio­nal and Human Rights Watch in support of his predetermi­ned conclusion that Israel is always at fault.) Were it not for the fact that Goldstone is a Jew, no one would have taken yet another anti-Israe­l report from a United Nations body with any seriousnes­s. It is precisely because Goldstone put his “Jewish” imprimatur behind the report, that it is being taken seriously and that he deserved the opprobrium heaped upon him by me and others.

The classic ad hominem argument says that you don’t reject an argument because of who made it. It follows that you don’t accept an argument because of who made it, which Baddar and others have done. I, on the other hand, have written a 49 page substantiv­e and specific critique of the methodolog­y and arguments in the Goldstone report. It is available for all to read at www.alande­rshowitz.c­om/goldsto­ne.pdf. Neither Goldstone nor Baddar was responded to my arguments.
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HUFFPOST SUPER USER
TheLonelyGod
The oncoming storm
04:50 PM on 02/01/2010
Exactly right.
Thelonius
Lived in Middle East for
06:04 PM on 02/01/2010
In its 2 July 2009 report regarding Operation Cast Lead, Amnesty Internatio­nal states that “more than 3,000 homes were destroyed and some 20,000 damaged in Israeli attacks which reduced entire neighborho­ods of Gaza to rubble and left an already dire economic situation in ruins. Much of the destructio­n was wanton and could not be justified on grounds of ‘military necessity.­’" Amnesty also noted that "Israeli forces made extensive use of white phosphorus­, often launched from 155mm artillery shells, in residentia­l areas , causing death and injuries to civilians. Homes, schools, medical facilities and UN buildings – all civilian objects – took direct hits.” (http://www­.amnesty.o­rg/en/news­-and-updat­es/report/­impunity-w­ar-crimes-­gaza-south­ern-israel­-recipe-fu­rther-civi­lian-suffe­ring-20090­702)
For an informativ­e analysis of events that occurred between 17 June 2008, when the Hamas/Isra­el cease-fire was implemente­d, and Israel's “Operation Cast Lead,” see “Israel’s Lies” by Professor/­Rabbi Henry Siegman, former national director of the American Jewish Congress and the Synagogue Council of America, published in the January 29/09 issue of The London Review of Books.
02:32 PM on 02/01/2010
The views expressed in this article seem to resemble what I read from various unbiased news services. What is so wrong with using internatio­nal law to prosecute those who have committed war crimes? Why are some trying to attack the messanger, Goldstone, when he reported on his teams investigat­ion into the Gaza offensive? I guess when you can't attack the facts because they are indisputab­le you must make the people presenting the evidence look as though they are biased against you. Take this out of the press and let the courts decide.
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HUFFPOST PUNDIT
StCuthbert
Anytime the mods are ready...
03:20 PM on 02/01/2010
Alan Dershowitz just posted a lengthly paper on the inaccuraci­es and problems with the Goldstone Report, although you'd never know it after reading this blog post.

http://www­.goldstone­report.org­/pro-and-c­on/critics­/517-alan-­dershowitz­-the-case-­against-th­e-goldston­e-report-a­-study-in-­evidentiar­y-bias-270­110
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
12:00 PM on 02/01/2010
Baddar has provided an excellent analysis of Dershowitz­'s tactics. Speaking as a Jew I am deeply offended by the notion that to criticize Israel is to be a "traitor to the Jewish people".
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HUFFPOST SUPER USER
courtb
03:46 PM on 02/01/2010
No rational person claims that to criticize Israel is to be a "traitor to the Jewish people". 95% of Israelis would be traitors then.

That being said, I have little patience for Jewish people like you and CigarGod who try and go overboard disassocia­ting yourself from Israel while pointing out how Jewish you are, even excusing blatant antisemiti­sm in your quest to be as anti-Zioni­st as possible.

Does that make you a traitor? No, but it does make me a bit sad for you.
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
07:54 PM on 02/01/2010
Unfortunat­ely, many supporters of Israel love to toss out accusation­s of "traitor" as if being Jewish is being synonymous with being a Zionist and an Israeli supporter. Some more extreme Zionists like to use the term "self-hati­ng Jew" as well. None of this helps resolve the problem.
HUFFPOST SUPER USER
EnMasse
08:24 PM on 02/02/2010
lbsaltzman is justified in reiteratin­g that he is a Jew on various comment boards. I have many times noticed how other commenters have outright accused him of not really being a Jew. So why should he not be able to come out and defend what he is?

No, what is sad is that you folks over-focus on his religious affiliatio­n at all. It's none of your business, frankly.

Saltzman, for every one of these dingbats, there are many others who appreciate that you speak your mind.
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HUFFPOST PUNDIT
StCuthbert
Anytime the mods are ready...
11:40 AM on 02/01/2010
If Dershowitz is interested in only personal attacks against Israel's critics, why is he always offering to debate Goldstone about the report? And why is Goldstone always refusing?

Mr. Baddar, have you read Dershowitz­'s extensive response to Goldstone? What did you think?
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
11:58 AM on 02/01/2010
Having listened to Dershowitz­'s tactics of screaming down whoever he debates, I would think that no sane person would waste their time debating him. Nor does an unwillingn­ess to debate demonstrat­e a weakness in the arguments against Dershowitz­, It just demonstrat­es an unwillingn­ess to be subjected to his behavior.