The hypocrisy of “universal jurisdiction”
by Alan Dershowitz
Hudson NY, October 6, 2009
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
are 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 object 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.
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:
"[f]rom 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.
Facts and Logic About the Middle East
P.O. Box 590359
San Francisco, CA 94159
Gerardo Joffe, President
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