Thursday Feb 14, 2008

Double Standard Watch: Targeting Mugniyeh was the right thing

Posted by Alan Dershowitz
Comments: 56
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If Imad Mugniyeh - the Hizbullah terrorist mastermind who was responsible for hundreds if not thousands of murders - was indeed successfully targeted for assassination, his untimely death should be cause for celebration. I say untimely, because if he had been killed years ago, many innocent lives would have been saved. 

At the time of this writing, no one can be sure whether Imad Mugniyeh is really dead, whether if he is dead he was killed by a car bomb, and who is responsible for his killing.  But his targeting makes the strongest case for the appropriateness of targeted killing of terrorists who are being harbored by states that support terrorism. 

Mugniyah has been indicted by the FBI for the murder of hundreds of Americans. Syria, where he made his home, was unwilling to turn him over to the United States for justice. He continued to engage in terrorism. The case for targeting him is compelling - legally, morally, religiously, and militarily. By any reasonable definition of that term, he is a combatant who has declared war on the United States, Israel, France and other countries whose citizens he has killed. Although he did not wear a uniform, he was a general in the terrorist war. Under the laws of war any combatant is a proper target, so long as the means used to kill him are "proportional" -- that is, he can be killed without disproportionate harm to non-combatants. When that condition is met, targeted killing is highly preferable to more conventional military means that have been employed over the centuries.

Throughout history, when one nation has been attacked it has been responded by counterattacking the attacking nation.  The counterattack often takes the form of military invasion, air attacks and other conventional military means. Inevitably these military attacks cause large numbers of civilian casualties. Targeted killing on the other hand, if done properly, does exactly what its name suggests - it targets a combatant who is involved in ongoing terrorist attacks, and by killing him prevents the death of innocent civilians. Yes it is "extrajudicial" killing, but all military deaths are extrajudicial, as are conventional killings in self-defense and killings of armed felons who are escaping or resisting arrest. 

What I am most opposed to are judicial killings, namely the death penalty for people who are already in custody. When a person such as Khalid Sheikh Mohammed is already in custody, there is an alternative to killing him - namely confining him for life. When a terrorist like Imad Mugniyeh is not in custody and cannot be captured, there is no reasonable alternative to killing him. Targeted assassination is the option of choice. 

So a hardy three cheers for whomever killed Imad Mugniyeh.  It was a good deed, a lawful deed and a life-saving deed. 

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1  |  MAURICE BRUSSELS, Thursday Feb 14, 2008
Congratulations for your intelligent comments Many others like Mugniyeh should follow this road
2  |  joe pyat, usa, Thursday Feb 14, 2008
Bravo, Mr. Dershowitz! A very succint and persuasive analysis. One "wishful" observation: rather than trying to save your "traditional liberal's" credentials by providing a differentiation from a death penalty for convicted terrrists-mass murderers' position, it would be very important if you could provide an equally succint analysis of the implications of a radically changed situation with intrusiveness of the anti-American activities of jihadist plotters all over the world for legal analysis of justifiability of wire-tapping of international telephone conversations with them.
3  |  J. Mandelblum, USA, Thursday Feb 14, 2008
I adhere rather to the opinion of somebody I read last night in the JPost, that this job has all the signs of Syrian´s Intelligence but, luckily for both Ehuds, they can now bask in the light of a nice deed for which none of them has what it takes to have it carried out.....
4  |  Johnny Walker, Thursday Feb 14, 2008
mazel tov. And may 100,000 more terrorists follow him to a fiery death!
5  |  jerry s. canada, Thursday Feb 14, 2008
well said alan ...let all of these mass murderers meet the same fate..hopefully in a more timely fashion..enjoy reading and thinking about your very well thought out reasoning..BEST
6  |  JOHNNY G. WALKER, Thursday Feb 14, 2008
MAZAL TOV IT HAS BEEN A LONG TIME BUT HE GET WHAT HE WAS LIVING BY. HAPPY FEB. 14............................................ GARY, USA
7  |  Herbert Kaine, Hebron, Israel, Thursday Feb 14, 2008
I think a Syrian faction trying to embarass Bashar Assad did this. This includes his uncle, Rifaat Assad, or his brother in law Assad Shawqat. If Israel really had the opportunity to kill this monster, it would complain to the UN instead
8  |  edward weinstein, Thursday Feb 14, 2008
the elimination of Mugniyeh may result in attacks upon Israel. How will that be different from before his death?Sderot knows/
9  |  Steve Fla., Thursday Feb 14, 2008
The notion that a brutal mass-murderer like O.J. Simpson or Imad Mugniyeh confined for life rather than summarily executed is immoral. By this standard, Adolf Eichmann should not have been put to death but rather confined for life. This is not justice. But then Mr. Dershowitz is the same professor that advocates establishing a Palestinian-killer state in the Holy Land, in the West Bank; he advocates dividing Jerusalem and thereby inviting a mass-slaughter of Jews.
10  |  Roman Memphis USA, Thursday Feb 14, 2008
It looks like Alan Dershovitz would prefer to see Nazi criminals (convicted at the Nuremberg process and executed) in jail for life. How humane!
11  |  Dirk Shyster, Thursday Feb 14, 2008
Target the funeral procession for this animal. Many more targets will present themselves at the rally. Why waste time with a judicial process ? These monsters only understand death. Give the plenty. Make it hurt a lot.
12  |  Eddie Angol Fla., Thursday Feb 14, 2008
Whosoever digs a pit for another shall fall in it. People forget the past too often,try to learn from the past.Hamman was hang on his own gallows ,He that kills with the sword must be killed by the sword You reap what you so.It might take a hundred years,But what you do will find you out.You better take warning,Do unto others as you would like them do to you. with what measure you measured it will be measure to you.In the End Justice must Prevail.
13  |  Len Herbstman Dana Point, CA, Thursday Feb 14, 2008
Professor Dershowitz, The bottom line on Israel's fight against Arab and Islamic terrorism is that as long as Arabs in Judea/Samaria, Gaza, Egypt, Lebanon, Jordan, Syria, Iraq, and Islamists in Iran teach each new generation to hate the Jews and Israel and seek its destruction there will NOT be peace. We Jews must encourage Israel to be a nation of Maccabees and NOT give up land that will put the security of the Jewish people at risk
14  |  Samuel Israel, Thursday Feb 14, 2008
Dershowitz...double standard...? Oh my...not Alan who defends murderers and criminals of all sorts and gets them off on technicalities...not Alan Dershowitz...with sIR aLan...murder only counts when it is someone he doesn't happen to like...double standard??? RU Nuts?
15  |  edit from budapest, Thursday Feb 14, 2008
Well said!!! Thanks
16  |  RD, USA, Thursday Feb 14, 2008
Congratulations to whomever pulled this off. My only regret is that I cannot shake their hand and buy them a nice dinner.
17  |  b- San Diego, Thursday Feb 14, 2008
Brilliant analagy. The world is absolutely a better place without that scum!
18  |  The Other Alan, USA, Thursday Feb 14, 2008
Dershowitz I think wants Israelis and Jews targeted. It makes him more certain that he must fight victimization. If Hizbollah responds in kind and tensions ratchet up, it will only convince him more that he is right and that the proper response is more targeted killings. It's an immature game of I'll show you mine if you show me yours. That's why this blog is called Double Standard Watch. I kill you, you kill me, you kill me, I kill you. Tit for tat. Oy, am I victimized. Must target someone for a killing. And on and on. Amen.
19  |  Lisle A. Zehner III-PITTSBURGH, PA, Thursday Feb 14, 2008
Let us hope that the elimination of this vermin is only a begining of a more comprehensive rodent control policy in the mid east
20  |  Jo Ellen Davey Cohen Oak Park, IL, Thursday Feb 14, 2008
Professor Dershowitz, The targeted assasination of Mugniyeh was entirely justified, just as torture is an utterly acceptable act to save Israeli and American lives. I believe that you have referenced and advocated for the limited and targeted use of torture in 'The Case for Israel.'
21  |  Elie J.Marciano Los Angeles CA USA, Thursday Feb 14, 2008
To whom it may concern, Congratulations to Mr Dershowitz for his courage and commun sens,face to a blind world.The same one who is of course crying for for the dead of a super terrorist-murderer,who killed hundred and hundred of innocent civilians, from babies to elderies people,with a complet silent and passive complicity of the international societyJust like is has been,for centuries and millinium.It took over a quater of century,to finally see that the justice has been served.I denied to any one to give us a lessons,for the sake of the civilization.Elie Marciano LA
22  |  Will Philly, Thursday Feb 14, 2008
Initially I was thrilled when I heard the news of the Mugniyeh assasination. However, after digesting this event, it will only keep the cycle of violence continuing. This is unfortunately the only way (and a sad one) to push back the extremists until the majority of their population forces them to accept peace with The State of Israel.
23  |  Rick, California, Friday Feb 15, 2008
The US and Israel should announce that all funeral celebrations of terrorists killed by way of retaliation are banned and all who participate will be considered terrorists and killed by air and artillery strikes. Once this warning is made they are fair game. We are always complaining that terrorists are hard to hit so when they come out of hiding and parade in the street it's time to get out the napalm.