The predictable condemners
By ALAN M. DERSHOWITZ

The Hizbullah and Hamas provocations against Israel once again demonstrate 
how terrorists exploit human rights and the media in their attacks on 
democracies.

By hiding behind their own civilians the Islamic radicals issue a challenge 
to democracies: Either violate your own morality by coming after us and 
inevitably killing some innocent civilians, or maintain your morality and 
leave us with a free hand to target your innocent civilians.

This challenge presents democracies such as Israel with a lose-lose option, 
and the terrorists with a win-win option.

There is one variable that could change this dynamic and present democracies 
with a viable option that could make terrorism less attractive as a tactic: 
The international community, the anti-Israel segment of the media and the so 
called "human rights" organizations could stop falling for this terrorist 
gambit and acknowledge that they are being used to promote the terrorist 
agenda.

Whenever a democracy is presented with the lose-lose option and chooses to 
defend its citizens by going after the terrorists who are hiding among 
civilians, this trio of predictable condemners can be counted on by the 
terrorists to accuse the democracy of "overreaction," "disproportionality" 
and "violations of human rights."

In doing so they play right into the hands of the terrorists, causing more 
terrorism and more civilian casualties on both sides.
If instead this trio could, for once, be counted on to blame the terrorists 
for the civilian deaths on both sides, this tactic would no longer be a 
win-win situation for the terrorists.

IT SHOULD BE obvious by now that Hizbullah and Hamas actually want the 
Israeli military to kill as many Lebanese and Palestinian civilians as 
possible. That is why they store their rockets underneath the beds of 
civilians; why they launch their missiles from crowded civilian 
neighborhoods and hide among civilians. They are seeking to induce Israel to 
defend its civilians by going after them among their civilian "shields." 
They know that every civilian they induce Israel to kill hurts Israel in the 
media and the international and human rights communities.

They regard these human shields as shahids - martyrs - even if they did not 
volunteer for this lethal job. Under the law, criminals who use human 
shields are responsible for the deaths of the shields, even if the bullet 
that kills them came from the gun of a policeman.

Israel has every self-interest in minimizing civilian casualties, whereas 
the terrorists have every self-interest in maximizing them - on both sides. 
Israel should not be condemned for doing what every democracy would and 
should do: taking every reasonable military step to stop the terrorists from 
killing their innocent civilians.

NOW THAT some of those who are launching rockets at Israeli cities have 
announced they have new surprises in store for Israel that may include 
chemical and biological weapons, the stakes have gotten even higher.

What would Israeli critics regard as "proportioned" to a chemical or 
biological attack? What would they say if Israel tried to preempt such an 
attack and, in the process, killed some civilians? Must a democracy absorb a 
first strike from a weapon of mass destruction before it fights back? Would 
any other democracy be expected to do that?

The world must come to recognize the cynical way in which terrorists exploit 
civilian casualties. They launch anti-personnel rockets designed to maximize 
enemy civilian casualties, then they cry "human rights" when their own 
civilians - behind whom they are deliberately hiding - are killed by the 
democracies in the process of trying to prevent further acts of terrorism.

The very idea that terrorists who use women and children as suicide bombers 
against other women and children shed crocodile tears over the deaths of 
civilians they deliberately put in harm's way gives new meaning to the word 
"hypocrisy." We all know that hypocrisy is a tactic of the terrorists, but 
it is shocking that others fall for it and become complicit with the 
terrorists.

Let the blame fall where it belongs: on the terrorists who deliberately seek 
to kill enemy civilians and give their democratic enemies little choice but 
to kill some civilians behind whom the terrorists are hiding.

Those who condemn Israel for killing civilians - who are used as human 
shields and swords for the terrorists - actually cause more civilian deaths 
and make it harder for Israel to withdraw from the West Bank.

HOW THE WORLD reacts to Israel's current military efforts to protect its 
citizens will have a considerable impact on future Israeli steps toward 
peace. Prior to the recent kidnappings and rocket attacks the Israeli 
government had announced its intention to engage in further withdrawals from 
large portions of the West Bank.

But how can Israel be expected to move forward with any plan for withdrawal 
if all it can expect in return is more terrorism - what the terrorists 
regard as "land for rocket launchings" - and more condemnation when it seeks 
to protect its civilians?

The writer is a Professor of Law at Harvard and the author of Preemption: A 
Knife that Cuts Both Ways.





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