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Alan Dershowitz advocates war crimes

Dear Friends,
Please read this article by Alan Dershowitz, Professor of Law at Harvard, in
which he advocates the destruction of a Palestinian village in retaliation for
every "terrorist" act.

This is the same Alan Dershowitz who was on "Sixty Minutes" about a month ago
defending the use of torture.


reportersnotebook.com/newforum/indexforum.html


New response to Palestinian terrorism

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Alan M. Dershowitz March, 11 2002
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(March 11) - US Secretary of State Colin Powell is surely correct in
pointing out that Israel's current policy has not succeeded in curbing
terrorism.
But Powell has suggested no alternative policy. Surely the US cannot expect
Israel simply to absorb terrorist attacks without any response.

In light of the willingness of suicide bombers to die in the process of
killing Israelis, the traditional methods of deterrence and retaliation
seem insufficient. To succeed, Israel must turn the Palestinian leadership
and people against the use of terrorism and the terrorists themselves. One
way to do this is to make terrorists directly bear the responsibility for
losses inflicted on the Palestinian cause as a direct result of their
terrorism.

Here is my proposal. Israel should announce an immediate unilateral
cessation in retaliation against terrorist attacks. This moratorium would be in
effect for a short period, say four or five days, to give the Palestinian
leadership an opportunity to respond to the new policy. It would also make it
clear
to the world that Israel is taking an important step in ending what has
become a cycle of violence.

Following the end of the moratorium, Israel would institute the
following new policy if Palestinian terrorism were to resume. It will announce
precisely what it will do in response to the next act of terrorism. For example,

it could announce the first act of terrorism following the moratorium will
result in the destruction of a small village which has been used as a
base for terrorist operations. The residents would be given 24 hours to
leave, and then troops will come in and bulldoze all of the buildings.

The response will be automatic. The order will have been given in
advance of the terrorist attacks and there will be no discretion. The point is
to
make the automatic destruction of the village the fault of the Palestinian
terrorists who had advance warnings of the specific consequences of
their action. The soldiers would simply be acting as the means for carrying
out a previously announced policy of retaliation against a designated target.

Further acts of terrorism would trigger further destruction of
specifically named locations. The "waiting list" targets would be made public
and
circulated throughout the Palestinian-controlled areas.
If this automatic policy of destroying targets announced in advance is
carried out with the full support of the entire government, including
those who are committed to a resumption of the peace process, a clear message
will be sent to the Palestinian people:

Every time terrorists blow themselves up and kill civilians, they are
also blowing up one of their own villages.

Over time, the Palestinian residents of these villages will place the
blame where it should be placed: directly on the Palestinian terrorists who
engaged in terrorism against Israel with full knowledge the consequence would be

the destruction of their homes. Those villagers whose homes were coming up
on the list would have an incentive to pressure the terrorists to desist.

An alternative approach would be to announce in advance that Israel is
prepared to give back most of the occupied territory in the event of
peace - which it has already essentially done - but every act of terrorism will
result in an automatic and permanent decrease of a specific portion of
the land mass that eventually would constitute the Palestinian state.

Again, this decision would have to be announced in advance with the
approval of all Israeli parties who would be involved in a peace deal. The land
that would be surrendered by the future Palestinian state to Israel in
response to every terrorist act would be immediately annexed to Israel and be
deemed
a permanent part of the Jewish state, ceded to it by the deliberate acts
of the terrorists.

This would send a clear message that every act of terrorism will hurt
the Palestinian cause, making a reality out of President George W. Bush's
statement following the terrorist murder of Daniel Pearl: "[Terrorists]
need to know that these crimes only hurt their cause."

For this policy to work, it must have the advance approval of the US
government. If Israel carries out this policy after a moratorium on
retaliation and full notice to the Palestinians, it should not be
criticized for doing so. If the entire world knows this is the policy and that
it
will be enforced automatically, and that the decision whether to trigger it
in any given case rests completely with those who would engage in acts of
terrorism against Israel, then pressure will be brought to bear on Palestinian
terrorists to refrain from their intended actions.

For this policy to work, it must be accompanied by a genuine effort to
reopen realistic peace talks with the Palestinian Authority. Such a
double-edged policy would contribute to two noble causes at the same time:
helping to

reduce terrorism and promoting peace between the Israelis and
Palestinians.

(The writer is a professor of law at Harvard. His latest book is
Shouting Fire: Civil Liberties in a Turbulent Age.)

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