Tuesday Jan 13, 2009

Double Standard Watch: Israel is well within its rights

Posted by Alan Dershowitz
Comments: 175
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What if Israel defended its citizens the way the British, the French, the Americans and the Russians did? When German rockets hit British cities during the World War II, Prime Minister Winston Churchill retaliated by bombing German cities, killing thousands of German civilians, and promised to continue until Germany's unconditional surrender. The United States did the same following the Japanese attack on Pearl Harbor. The French did much worse in Algeria and the Russians showed no concern for civilian life in Chechnya or Georgia.

The IDF, on the other hand, has gone to extraordinary lengths to minimize civilian casualties, despite the reality that Hamas deliberately fires its rockets from densely populated civilian areas and hides its rocket launchers in schools, hospitals and mosques.

Every Hamas rocket attack against Israeli civilians - and there have been more than 6,500 of them since Israel ended its occupation of Gaza - is an armed attack against Israel under Article 51 of the United Nations Charter, which authorizes member nations to respond militarily to armed attacks against it.

Under international law, Israel is entitled to do whatever it takes militarily to stop Hamas rockets from targeting its civilians. Every Hamas rocket has the potential to kill dozens of Israeli civilians. Recently one hit a school just hours after the principal dismissed the students, fearing such an attack. If the rocket had hit and killed hundreds of schoolchildren, would those who protest Israeli actions acknowledge that Israel would then have the right to respond? No country needs allow terrorists to play Russian roulette with the lives of its children.

In fact, under international law, Israel has the right to declare all-out war against the Hamas-controlled government of Gaza. In an all-out war, there would be no obligation to provide humanitarian assistance, electricity or any other services to an enemy who had started the war by an armed attack.

No one condemned Great Britain and the United States for the collateral damage it caused while trying to defeat those who attacked it during the second world war. Moreover, Germany did not deny the right of Great Britain or the United States to exist. The Hamas Charter not only denies Israel's right to exist, it calls for the complete destruction of the Jewish state. Surely Israel has as much right to defend its citizens as did the United States and Great Britain.

Why then is Israel singled out for such ferocious criticism?

Indeed, the only reason Israel has not won overwhelming military victories in Lebanon in 2006 and in Gaza now, is that Israel has decided to engage in only limited and proportional military actions designed simply to stop the rocket attacks. Yet it is being condemned both for not winning a decisive victory and for killing too many civilians.

Hamas has learned how to manipulate the media's coverage of Israeli military actions. They deliberately fire their rockets from behind civilian shields in order to provoke Israel to respond and kill civilians. They are then ready to bring out the cameras to record and transmit every civilian death around the world.

Well, not quite every civilian death. The day before Israel launched its air attack against Hamas, Hamas fired a rocket in the general direction of Sderot. The rocket fell short of its mark and landed in Gaza - killing two young Palestinian girls. Hamas, which imposes total censorship in Gaza, refused to allow cameras to record or transmit pictures of these dead Palestinian girls, because they were killed not by Israeli rockets, but rather by Palestinian rockets.

The Hamas tactic is encouraged by selective condemnation of Israel. Such condemnation creates a win-win situation for Hamas terrorism. Every time they kill an Israeli civilian, they win; every time Israel kills a Palestinian civilian, Hamas also wins.

The only way to defeat this cynical tactic is for the international community to place the blame squarely on Hamas for engaging in the double war crime of targeting Israeli civilians and using Palestinian civilians as human shields.

Dershowitz is a professor of law at Harvard. He is the author of many books, including, most recently, "The Case Against Israel's Enemies."

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1  |   Arto from Finland, Tuesday Jan 13, 2009
Manipulated world! You are absolutely right professor. I can't understand why the UN and so many countries accept this manipulation. Hamas is killing its own civilians, children and women by chielding behind them. Are the civilians so manipulated too or are they forced to chield. Can't you see, people in Gaza, that Hamas is destroing your future, your life and right to live in peace and love. Don't listen to Iran, Hamas or anyone else - think by yourself - don't accept the situation in Gaza. Israel is ready to live in peace with you. With love, Arto
2  |   Nick Costantini, Tuesday Jan 13, 2009
I Jewish and living in Italy. I can only try to imagine the terror and turmoil the citiziens of Israel have to face on a daily basis. I disagree that Hamas win when they attack Israeli citizens. The Italian media, alas mainly controlled by President Berlusconi, has always been sympathetic to Israel as a victim of Hamas aggression. The papers and video are however are full of vivid and very disturbing scenes of innocent civilian vicitms, countless children, the propaganda war is totally won by Hamas. In this Israel has failed. Is this not an excuse for a cruel election campaign?
3  |   D.A.S. United States, Ill., Tuesday Jan 13, 2009
Dershowitz is correct, Israel is totally justified under International Law to engage in self-defense. The PR war is terribly important, presenting Israel's side, and showing damages from Qassam rockets for months before any response was given. Egypt could play a major role here in making peace, if they would control their borders, and stop Iran from fueling the fire between Hamas and Israel, Hezbollah, and Syria. Iran is the troublemaker, without Arms and supplies the terrorist regimes won't have sufficient fire power. Go deeper into the hills, where the Qassams are fired. D.A.S.
4  |   Non-Jewish Jacob, USA, Tuesday Jan 13, 2009
Thank you, Professor! I know that common sense and law will not convince or silence all of the Israel-haters out there, but I hope that thoughtful people will be persuaded by explanations like this. Thank you.
5  |   Judy Potter/United States, Tuesday Jan 13, 2009
As an non-Jew American I an sick and tired of Rice and Pres. Bush trying to get Israel to give up more land for peace. This land belongs to the Jew and should stay there. Don't even think of giving up the West Bank. Giving up Gaza was a mistake and we can all see that now. All of Jerusaleum belongs to the Jew. Pray for the peace of Jerusaleum.
6  |   Abdul zakari'south africa, Tuesday Jan 13, 2009
hamas is wrong,why do you throw a stone why liveing a glass house.
7  |   Sam Mann Paris, Tuesday Jan 13, 2009
Would you advocate destroying a bank with hostages inside to make sure the robbers would never roba again?
8  |   LWJ, Rep. of Panama, Wednesday Jan 14, 2009
I added a comment. Then was asked repeatedly to "answer simple math question", then continues to loop back. Is this stupid method to weed out comments you don“t like?
9  |   Yvonne Herman USA, Wednesday Jan 14, 2009
The core reason for the world's unilateral anti-Israeli virulent outburst in the Gaza conflict is blind, irrational anti-Semitism. The need of solidarity of Jewish people with Israel is critical at this time.
10  |   Gene Germany, Wednesday Jan 14, 2009
Add the Arab League to this as they have never recognized Israel as a soverign state which has allowed groups like Fatah and Hamas to make young people become terrorists in teaching hatred of all Jewish and Christian people. The UN has been doing a Double Standard on Israel for over 60 years now and it is time for the people in this world to wake up and learn the truth. The UN has never held Fatah or Hamas accountable for anything other than keep sending them money and food.
11  |   Jeremy, Canada, Wednesday Jan 14, 2009
It frustrates me to be subject to such bias against Israel through the media and individual bind opinion. Professor, you bring up strong enough arguments to stand up in any fair court , however many individuals still choose to side against Israel. Quite clearly there are greater forces at work. May the one true God bless you, your family, your institute and your nation and may He have mercy on my nation.
12  |   Paul Schur , Toronto, Wednesday Jan 14, 2009
Kol Hakavod Mr.Dershowitz.It's unfortunate that the few voices such as yours are hardly heard by a world that has a double standard when it comes to Israel. Keep up the good work.
13  |   Jason, Wednesday Jan 14, 2009
What is the situation where a civilian volunteers to be a human shield? Do they lose their status thus being classified as a combatant? I understand that it would not always be straight forward to identify if a human shield was coerced or not, but what if they were not coerced?
14  |   michael weizmann, new zealand, Wednesday Jan 14, 2009
It is nigh impossible to disagree with Professor Dershowitz, except on his (or the Post's Editor's)"Double Standard" titling; which should, I suggest, read at least "Triple Standard". After all, weren't the French and the British and, not to forget them in their present protestive preciousness, the double-minded Belgians, major benefactors of the actions taken by the necessarily iron-fisted Allies in the liberation of Europe? Of course the unavoidable civilian casualties that liberation incurred could have been made the subject of complaints by them under the Geneva Convention; but weren't.
15  |   David NY, NY, Wednesday Jan 14, 2009
In Somalia, 80% of the casualties were civilian and the reason is that like with Hamas in Gaza the fighters intentionally fight among civilians hoping for high civilian casualties to use as a way to stop the war. The difference is that nobody complained with the 80% civilian casualty rate in Somalia whereas they complain about the much lower civilian casualty rate in Gaza. [ Link to page ] [ Link to page ] Is a second very interesting Op-Ed by Goldberg
16  |   Tim, Wednesday Jan 14, 2009
The propaganda war is complex in its dynamics but the basis of any piece of propaganda is that the recipient should be receptive and numerous. If more people are receptive to such news then it is more believable. In this case there are hundreds of millions of Muslims willing to believe everything Hamas says just to show support for fellow Gaza Palestinian Muslims. It is unlikely that Israel shall have as many supporters. However, this is not the basis for good judgement as numbers alone do not make things right. Statistics are a double-edged sword and all news is subjective. Learn and discern.
17  |   RJ Kennedy, Wednesday Jan 14, 2009
Israel must turn a blind eye and mind to the outlandish, ridiculous and oh so preponderously "AntiSemetic". It is so obviously a one way street with all of these countries who support those other than Israel. I can't but surmise how quickly, totally and rapaciously these countries 'who condemn Israels actions' would immediately respond to such actions upon themselves. Does anyone really think for a moment they would stop to consider the possible killing of 'innocent parties' who just happen to be interwoven in the civilian fabric of the terrorists midsts? Of course they wouldn't. I say ignore.
18  |   Vinegar Hill, Madrid, Spain., Wednesday Jan 14, 2009
Arto: Time will tell. From reading several accounts from different legal sources it certainly looks as if Israel is not only in violation of the UN Charter but also humanitarian and criminal law. This is not the first time Israel has broken International law and, as you well know certain leading Israeli figures cannot enter specific countries because of warrants for their arrest due to supposed criminal activities.
19  |   Bernard Hall - Lee-on-the-Solent, England, Wednesday Jan 14, 2009
Non-Jewish living in England; public service broadcasting and commercial media in UK appear to have taken leave of their senses during last 18 days; images of Palestinian women and children are counterposed to images of Israeli ordnance; Palestinian casualties are only defined as "civilians", "women" & "children" - never any reference to Hamas militiamen in reporting in the UK and this is completely inacceptable. As direct consequence of this hostility and much more, I look forward to my first trip as a Sar-El volunteer supporting Israel and its defence forces. With respect, Bernard.
20  |   Lee, Australia, Wednesday Jan 14, 2009
Vinegar, Take a look around the middle east. There is only one democracy. Only one country that does not solely depend on oil for nourishment. Only one country that is surrounded by enemies. Yes, that country is Israel. You can site all your legal generalizations, but as Mr. Dershowitz said, if a country is under attack, like Israel, international law states that they may retaliate.
21  |   Promise Stanley, Wednesday Jan 14, 2009
Having noticed the degree of hatred against Isreal by the Arab World and the double standard displayed by so many European countries, i urge Isreal to hit every terrorist Organisation bent on estaminating their existence in no small measure. No amount of Public protest globally or intercontinentally should deter her.Isrealis are not less than those in Arab,US,Europe or any part of the world. No sensible government would fold her hand watch her Citizens wiped off. No other person can protect Isreal much as Isrealis themselves. Nigerians are praying for you and God will grant you victory, Amen.
22  |   Shlomo, Jerusalem, Wednesday Jan 14, 2009
It would be interesting if some of Alan's students were to take the norwegian dr and colleagues to court for the fake video's --- they should lose their license for that. Second, it would be even better if some Alan's student's took Hamas to court for war crimes in using human shields and deliberating targeting civilians
23  |   Shoshana Yom-Tov Kibbutz Sa'ad Israel, Wednesday Jan 14, 2009
Thank you, Mr. Dershowitz, for putting this in perspective. While the events in Gaza are horrible, one must ask why they are occuring. One must also aski why there is not much more civilian death and destruction, especially in view of the very crowded conditions there. The longer Israel's response is postponed or tentative, the greater will be the eventualy suffereing in store for the Gazans. Those in Gaza must recognize that their peace and security, as well as ours, depends on their deciding to build their own state, instead of trying to dismantle ours.
24  |   Rosanne Mitchell, Wednesday Jan 14, 2009
Why is the world so afraid of Israel that they allow terrorists to pick away at them without coming to their aid? Or is it jusy envy?
25  |   David Azoulay , Copenhagen, Denmark, Wednesday Jan 14, 2009
I am totally shocked that so many " normal " people all over the world can choose to go agains Israel in theese matters... On one hand you have a Democracy, Israel, trying to survive against daily threaths of totally destruction, and on the other side you have a group of terrorists!! How hard can it be for the civillized world to decide? Do you want to live en peace or in terror? PS. an d people are talking about ; proportions all the time.. "Israel is fare out", they say.. " heavy civil losses" COME ON.. people.. are you mad? ! ( ! ) Israel could blow Gaza away in 10 minutes, but the dont
26  |   David M USA, Wednesday Jan 14, 2009
The news media, Time Magazine in particular, demand that Israel always refrain from fighting back. They do not require this of anyone else. The only explanation for the double standard is anti-Semitism.
27  |   Ella USA, Wednesday Jan 14, 2009
Thank you Professor Dershowitz, Israel needs a powerful voice to proclaim the truth. Israel has every right to defend herself. The UN Charter does not protect terrorists from attacking a free Nation that has a right to exist and has not provoked conflict. There are just a many Israeli citizens that are suffering but no one wants to tell that part of the story. The media is completely one sided and against Israel. Thank God Bush has held his ground on this particular issue. I hope Obama will maintain this stance and the USA continues to support Israel 100%. Hamas has caused these circumstances.
28  |   Ken CHILE, Wednesday Jan 14, 2009
Not only is Professor Dershowitz correct, but the relationship following the victory has never been better. After Hiroshima and Nagasaki the U.S. is Japan's principal trading partner and after the blanket bombing of Germany, Europe is unified. Maybe these kinds of situations beg for a real declaration of war , overwhelming force and decisive victories. This may be the sad truth.
29  |   Fred Abramoff, Miami,Fl., Wednesday Jan 14, 2009
For over 5000 years the gentile world has applied a double standard to the Jewish people. Why should the past two weks be different?The "goyum" will never learn..............
30  |   Robert Moss, Bloomfield, NJ USA, Wednesday Jan 14, 2009
Dershowitz omits a critical point, which makes his legal argument patently false. Hamas' charter is a party platform. Hamas was elected in a free and fair election. As a government, it made no move against Israel; indeed, it barely had time for a cabinet meeting before Israel and its American and European backers instituted a blockade---that is, an act of war. So if Dershowitz wants to be legalistic, Hamas' rocket attacks were justified under international law because Israel had already initiated a belligerent act. bobmossnj@verizon.net
31  |   Jalun Haokip, Adelaide, Australia, Wednesday Jan 14, 2009
You are absolutely right Dr. Dershowitz. Media the world over save for few, have been totally biased in their report about Gaza crisis. No nation in the world like the nation of Israel has suffered, and been subjected to injustice. Israel is no less important in terms of a free nation's right to protect its citizens. It'd be interesting to see the reaction of sponsor nations of the UN resolutions, which I would say is nothing sort of pro-terrorist and anti-its own member nation, on Gaza, had they been in the place of Israel. Give Israel - the only Jewish nation a chance to live in peace.
32  |   Lurker, Wednesday Jan 14, 2009
LWJ (#8) asks: "I added a comment. Then was asked repeatedly to "answer simple math question", then continues to loop back. Is this stupid method to weed out comments you don“t like?" Answer: Yes, this blog has incredibly sophisticated automated software that knows how to read and parse your blog comments, and to figure out whether it likes your political views or not. (Possible alternative answer: Perhaps the method is to weed out people who are not good at math.)
33  |   Zev, Israel, Wednesday Jan 14, 2009
To Sam Mann: That's a horrible metaphor. They aren't bank robbers - they are launching thousands of rockets outside of the bank for many years now and killing civilians and children. In order to stop them from killing a few dozen more civilians, yes you have to kill them together with the hostages while minimizing the hostage deaths. Plus, they aren't even hostages. They elected Hamas into government and support Hamas all along. So here we have an officiallly elected government murdering children and hiding behind people that support them, and you call them bank robbers.
34  |   Wendy Kaden - Chicago, IL, Wednesday Jan 14, 2009
Thank G-d for you, Mr. Dershowitz. Please keep reminding humanity that Israel has a right to live in peace.
35  |   David, Indianapolis, Wednesday Jan 14, 2009
Post 18 (Vinegar Hill) - What international law has Israel broken by hunting those who kill Israel's people? As Prof. Dershowitz points out, under the circumstances, after the attacks from Gaza, Israel has the right to respond with measures that are even less restricted than what we've seen. I would support a statement by the IDF that - each time a rocket is launched from Gaza, everything within a 1 mile radius of the launch site will be bombed. Let the Palestinians stop these rocket attacks, themselves. Barring that, the logical conclusion is that Gaza's civilians want this war.