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  • July 6, 2012

    The Case against Alan Dershowitz

    By Salomon Benzimra

    There is little doubt that Prof. Dershowitz’s latest peace proposal of July 5, 2012, is in reaction to former Israel Justice Edmond Levy’s “Outposts Committee Report” released on July 4.  Whereas the latter finally restored the truth on the legality of the “settlements”; rejected the “belligerent occupation” approach to Judea and Samaria; and stressed the internationally recognized Israel’s legal rights to these territories, Prof. Dershowitz shows once more his obsessive insistence on inflicting death by a thousand cuts.

    Hopelessly mired in the “two-state solution,” Prof. Dershowitz recommends that Israel should make “painful compromises in the interests of peace” by adopting an absolute building freeze, even for natural growth.  More painful than these compromises is the absurd rationale he lays out to ensure the bona fides of the Palestinian side.

    1. Israel should give up its legitimate claims to Judea and Samaria if the Palestinians give up their “right of return.”  Here we have a phony “right of return”, concocted by the Palestinians for the sole objective of destroying Israel and with no basis in either law or custom, presented as a valid counterpart to the unassailable legal rights of Israel as they were recognized in international law in San Remo over ninety years ago.

    This is sadly reminiscent of what Prof. Dershowitz advocated in his book, The Case for Israel, in connection to the bloody terrorist attacks initiated by the Palestinians.  He wrote: Israel …stands ready today to offer the Palestinians statehood, in exchange for the Palestinian Authority’s making genuine best efforts to stop terrorism by those Palestinian groups committed to continuing their crimes against humanity until Israel is destroyed” (Page 165).  In other words, Palestinian terrorism should not be rewarded but once it starts, any vague proposal by a Palestinian leader to exercise “his best efforts” to put an end to it should be warmly welcome by Israel. In the same vein, the so-called “right of return” is a pure fabrication but if the Palestinians agree to withdraw their “right”, they would have proved their bona fides in the negotiations while the “settlements” will remain frozen, as a reward for their magnanimous decision.  Where is the logic?

    2. Following his reckless pursuit of peace at any cost, Prof. Dershowitz brings again the “consensus” mantra by saying that “’everyone’ knows what a pragmatic, compromise resolution will look like.” Why should consensus trump historical truth and justice?   At the core of this consensus fallacy is, I believe, the pernicious idea that joining the mainstream is a pre-requisite for progress and righteousness. Yet, this same “consensus” idea was promoted in The Case for Israel where Prof. Dershowitz dismissively rejected any alternative to his cherished “two-state solution” (page 65).  He recently reiterated his opposition to anyone who clearly sees the “two-state solution” as the sham it is.

    3. Finally, Prof. Dershowitz argues that Israel should abandon its claims to areas that were part of Biblical Israel because they are now “heavily populated by Palestinians.”  A hundred years ago, Baghdad’s population was one third Jewish and in some neighbourhoods of the city the Jews constituted a strong majority.  The origin of this Jewish population goes back 2,500 years.  But no sane Jew ever claimed national, collective rights to any part of Mesopotamia. Why, then, should a “heavily populated” Palestinian area validate their claims for statehood?

    Prof. Dershowitz is doing a great disservice to Israel and its future and, dare I say, to international law.  It is worth warning that once Israel is deprived of its sovereignty over Judea and Samaria, the Jewish People’s Rights to the Land of Israel will be seriously endangered.

     

  • Posted by Ted Belman @ 8:15 am | 14 Comments »

    14 Comments to The Case against Alan Dershowitz

    1. keelie says:

      Dershowitz is merely doing what all leftists do: insisting that everyone has to make

      …painful compromises in the interests of peace…

      - everyone that is, except themselves. Their goal is to be the exclusive beneficiaries of these “painful compromises”.

      What’s Dershowitz’s purpose/angle in saying this? Is he getting lonely because nobody in academia will talk to him because of his pro-Israel attitude, or his religious background?

      Perhaps Dershowitz should make some “painful compromises in the interest of his own sanity”.

    2. Jonathan Usher says:

      Well said Salomon. It is time to drag the two state solution through the mud – where it belongs.
      The one Jewish state solution is the only viable alternative to a two state solution that will only
      bring in another Islamist state to the region and weaken the state of Israel. It is time to stop feeling
      sorry for our enemy. The Bible clearly shows that we should feel sorry for the oppressed but wipe out our
      enemies. The Palestinians fall into the latter catergory.

    3. Bert says:

      The real solution to the manufactured Palestinian problem is remarkably simple. EVERYONE SHOULD JUST STOP LYING AND TELL THE TRUTH!
      The Arabs invented a false identity and a false narrative for the sole purpose of destroying Israel. Foolish Jews ignore this reality and expect to appease the Arabs by amputating large parts of their rightful homeland. But, unlike the foolish Jews, the Arabs are adamant and unyielding in pursuing their goal of total victory without compromise.
      Telling the truth also means insisting that it was the Arabs who are the real occupiers because they invaded the land of Israel in the year 638, fully 1,600 years AFTER King David ruled a Jewish state from Jerusalem.
      The only just, practical and humane solution is to recognize the truth and arrange for the so-called “Palestinians” to emigrate and manage their own affairs elsewhere and free of any conflict with Israel.
      It is the Arab leadership and the corrupt and cowardly Jewish leaders who perpetuate the conflict because neither is capable of facing the truth.

    4. Robert_K says:

      Sort of reminds me of the Rabbi who gave kosher certification to a kosher butcher who was “caught” bringing in treifa (non-kosher) chickens. The Rabbi said, “Give him another chance!”

    5. TTW says:

      A hundred years ago, Baghdad’s population was one third Jewish and in some neighbourhoods of the city the Jews constituted a strong majority.  The origin of this Jewish population goes back 2,500 years.  But no sane Jew ever claimed national, collective rights to any part of Mesopotamia. Why, then, should a “heavily populated” Palestinian area validate their claims for statehood?

      I like this statement. The population of Jews who were forced to leave all Arab countries without their belongings were estimated to be equal to the Palestinians who left Israel. Israel shouldn’t pay attention to high sounding but empty statements of Professor Dershowitz. Why should Israel be the only country who should be required to give part of its land in lieu of the so called return of Palestinian refugees? How about the rights of Jews who were severely persecuted and left the Arab countries? Something that we should not forget is the fact that professors are academicians who have hard times to understand a real world.

    6. C.R. says:

      Alan Dershowitz is a pathetic human being–he is not a genuine supporter of Israel–as no one can be a supporter of the Godless Marxist left and genuinely support Israel!

      The so called but not two state solution–is part of the final solution for destroying Israel and Jews–its not about peace it never was!

    7. Wallace Brand says:

      Professor Alan Dershowitz once again is urging adoption of a so called “two state solution” which most everybody concerned with the survival of Israel would refer to as the two state TEMPORARY solution. Here is a critical review  of the two state temporary solution:   http://israelagainstterror.blogspot.com/2012/03/remember-quraysh.html   Also, it would be helpful to look at what Dr. Daniel Pipes has uncovered about Yassir Arafat and the treaty of Hudibyah, a two-tribe solution that went sour.  http://www.danielpipes.org/316/al-hudaybiya-and-lessons-from-the-prophet-muhammads and
      http://www.danielpipes.org/blog/1999/09/arafat-and-the-treaty-of-hudaybiya-updates
      In an article “The Case Against the Left and Right One-State Solution” published on March 22
      Alan Dershowitz sums up his reasons for urging this temporary solution which would end up as one Arab controlled state in which the Jews in Israel would end up as unwelcome guests in their own national home and the Jews in the Diaspora, such as in Toulouse, would know there is no longer any place on earth they can go to where the Jews are in the majority.

      Professor Dershowitz sums up his reasons for disagreeing with a single Jewish state as a solution by stating:
      (If the hard right position were to grant voting and citizenship to the Arab residents of the West Bank, they would be agreeing with the hard left’s position on a “democratic” one state solution that would quickly turn into an undemocratic Muslim state based on Sharia law, as specified in the Palestinian Constitution)

      Dershwitz apparently holds this as a poetic truth — one that can’t be dented by facts, reason or logic such as another popular poetic truth, The Narrative of Perpetual “Palestinian” Victimhood. http://www.gatestoneinstitute.org/2586/palestinian-victimhood-narrative

      Fact — the Palestinian Authority has overstated the population of the Arab population in Judea and Samaria, and its comparative growth relative to the growth of its Jewish population. Dershowitz hangs on for justification of his view to the long discredited number of Arabs in Judea and Samaria as 3.8 million when that is overstated by 1.4 million leaving only 2.4 million Arabs to contend with if all are admitted to citizenship. See: “The Million Person Gap: A Critical Look at Palestinian Demography” http://www.biu.ac.il/Besa/perspectives15.html According to Ambassador Yoram Ettinger, even If all were included as Israeli citizens the Jews would still hold a 66% majority, down from their currrent 80% majority. Ambassador Ettinger also points to the current Arab and Jewish birth rates in which the Arab birth rate is significantly lower than the Jewish birth rate.

      Reason — If Israel annexed Judea and Samaria it could require reasonable conditions for attaining citizenship and the right to vote in Israeli elections such as a swearing of fealty to the Jewish state of Israel. No one believes that non-citizens in the US are deprived of their civil rights by being required to swear their adherence to the US Constitution before receiving the privilege of US citizenship. It is likely that many Arabs, Arabs who are now troublemakers, would refuse to do so and therefore increase the percentage of Jewish citizens and voters to over 66%.

      Logic — It would not be necessary to expel those Arabs or any Jews who reject Israeli citizenship. They could be motivated to leave by compensation to go elsewhere, or could stay on as permanent non-citizen resident aliens. Many Arabs believe they are far better off in a Jewish state than in any of the Arab states. They would make good citizens. In any event, should they turn to terrorist candidates or parties, International Law requires Israel to suppress them.

    8. Ted Belman says:

      Wallace Brand Said:

      Dershowitz hangs on for justification of his view to the long discredited number of Arabs in Judea and Samaria as 3.8 million when that is overstated by 1.4 million leaving only 2.4 million Arabs to contend with if all are admitted to citizenship.

      These numbers are wrong. J&S has about 1.4 million Arabs according to Ettinger and not 2.5 million according to the left. There is about 1.5 million Arabs in Gaza and about 1.4 million in Israel. Thus if Israel were to annex J&S, the expanded Israel would have roughly 6 million Jews v 3 million Arabs.

    9. Linda Rivera says:

      Why is Dershowitz eager to surrender to global jihad? It is EVIL.
      Not one inch of land to the enemy!

    10. Davidka says:

      Israel should assert sovereignty over Judea and Samaria, since it is in fact legally the sovereign, and act accordingly. Anti-Israel activities should be stopped, by the police if possible, by the military if necessary. The Arabs there can either obey the law and be loyal to the country or leave. There should also be financial incentives to leave.

      Furthermore, there is no need to give them citizenship.

      Finally, no discussion of “refugees” should occur without Israel asserting the rights of the real refugees— those driven from Arab countries and looted of all their land and property. Their claims should be asserted in every forum and on every occasion by both the individuals and the state of Israel. The number of Jewish refugees from Arab countries was much greater than those Arabs who left Israel as a result of Arab aggression, and their land and property was much greater as well.

      As for Dershowitze, he is doing great damage to Israel by seeing everything through the warped prism of his leftist ideology.

    11. Wallace Brand says:

      @ Ted Belman:Ted, I agree with you. In my comment I cited the BESA study from which Ettinger got his numbers. But in the middle of the night, when I wrote the post and I got the numbers from it, I picked up the total of Judea, Samaria and Gaza, rather than just Judea and Samaria. But the correct numbers are in the study I cited — the same study Ettinger relies on. “The Million Person Gap: A Critical Look at Palestinian Demography” http://www.biu.ac.il/Besa/perspectives15.html

    12. Wallace Brand says:

      September 23, 2011 Clip No. 3130
      Fatah Central Committee Member Abbas Zaki Calls Netanyahu and Obama “Scumbags” and Says: “The Greater Goal Cannot Be Accomplished in One Go”

      Following are excerpts from an interview with Abbas Zaki, member of the Fatah Central Committee, which aired on the Al-Jazeera network on September 23, 2011.

      Abbas Zaki: “The settlement should be based upon the borders of June 4, 1967. When we say that the settlement should be based upon these borders, President [Abbas] understands, we understand, and everybody knows that the greater goal cannot be accomplished in one go.

      If Israel withdraws from Jerusalem, evacuates the 650,000 settlers, and dismantles the wall – what will become of Israel? It will come to an end.”

      He said this in Arabic on Al Jazeera. He then suggested that this should not be circulated to the West.

    13. Davidka says:

      The Arabs have 99 3/4 % of the land in the middle east and (until recent energy discoveries) almost 100% of the natural resources. Israel has its sliver of land along the Mediterranean. If the local Arabs don’t like it there, they have two dozen wonderful Arab and Moslem controlled countries in the Middle East to prosper in. And dozens more Muslim paradises elswhwere. Plus all the land that was stolen from the Middle Eastern Jews when the Muslims forced them out of their ancient homelands…

    14. James T says:

      Does AD want to give land back to the native Americans and establish a separate state for them, too?

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