Israel has a better human rights record than many other
countries in the world. So why is the Jewish state being singled out?
By Alan M. Dershowitz
The campaign currently being waged against Israel on college
and university campuses throughout the world is fueled by ignorance and
bigotry. Led by efforts at Harvard, MIT, and other schools to end university
investment in Israel and to boycott Israeli speakers and academics, this
campaign seeks to delegitimate and isolate Israel as a pariah state. The campaign
also conveys to impressionable college students the notion that Israel is among
the worst human rights violators in the world.
Though it is unlikely that divestiture will be implemented
on these campuses, the goal of the campaign is similar to, and grows out of,
previous attempts to single out Israel by equating Zionism with racism and by
complying with the now discredited Arab boycott of Israel of years past.
The ignorance implicit in the , which
first began circulating around those schools last spring, is best reflected by
its own words, which demand that Israel comply with four conditions if
university investment in the country is to continue. The petition calls on
Israel to comply with United Nations Resolution 242, the United Nations
Committee Against Torture 2001 Report, the Fourth Geneva Convention, and says
Israel should acknowledge in principle the applicability of United Nations
Resolution 194 with respect to the rights of refugees. Apparently, most of the
signatories of this petition, which included 130 Harvard and MIT faculty
members at last count, are unaware of the fact that Israel has already complied
with or has offered to comply with each of these conditions.
U.N. Resolution 242, drafted by U.N. Justice Arthur Goldberg
(for whom I had served as a law clerk), does not call on Israel to give back
all of the territories captured during the defensive war of 1967. The compromise agreed to by the Security
Council was that Israel would give back "territories"--meaning most
but not all--in exchange for complete termination of all claims or states of
belligerency by Arab countries. The only two countries that have met that
condition are Egypt and Jordan. Israel
returned every inch of land captured from Egypt as soon as Egypt renounced
belligerency, and Jordan has abandoned all claims to land now occupied by
Israel.
Moreover, in the year 2000, at Camp David and Taba, Israel offered to give up 97% of the disputed land on the West Bank and to accept a Palestinian state. That offer constituted full compliance with the language of Resolution 242. Ironically, other Arab states and the Palestinian Authority continue to hold states of belligerency against Israel--these countries are out of compliance with Resolution 242. Yet, the divestiture petition imposes no conditions on these states, many of which also receive American foreign aid and investments from Harvard and other universities.
The second condition is that Israel end the use of
"legal torture," as outlined in the United Nations Committee Against
Torture 2001 Report. The writers of this condition are either ignorant or
mendacious. The Israeli Supreme Court
recently outlawed the use of all physical pressure in eliciting information
from potential terrorists. Israel is the only country in the Middle East to
have abolished torture, in fact as well as in law.
Jordan and Egypt, both of which receive substantial American
aid and investment, openly practice torture of the most violent and lethal
nature. Indeed it is well known that other intelligence agencies, including
that of the United States, sub-contract torture to these allies (along with the
Philippines). Yet the divestiture
petition demands that only Israel stop doing something that it has already
stopped doing, without making any demands on countries that continue to engage
in torture. There are scores of countries with worse records. Why single out Israel?
Another condition laid out in the divestiture petition is
that Israel acknowledge in principle that refugees be allowed to return to
their former lands, or else be compensated for their losses, to comply with
United Nations Resolution 194. At both Camp David and Taba, Israel offered the
option for Palestinians to be compensated for their losses, and the
Palestinians rejected it. Moreover, no Arab state has yet offered compensation
to the hundreds of thousands of Jewish refugees that were forced to flee
countries they and their families have lived in for hundreds of years after
Arab countries declared war on Israel in 1948.
Yet the petition demands nothing of these Arab countries.
The final condition, the cessation of building new settlements and the dismantling of existing settlements, is an issue that deeply divides Israelis. A majority of Israelis agree that no new settlements should be built and that most of the existing settlements should be vacated as part of an overall peace in the area. Even a significant number of the settlers have now expressed a willingness to leave their homes in exchange for peace. But the Palestinians have refused to accept peace offers made by the Israeli government. Many moderate Palestinians agree that Arafat's rejection of the peace offer made at Camp David and at Taba was a tactical mistake and that the resumption of terrorism against Israel is morally indefensible. Yet the one-sided divestiture petition faults only Israel.
When I recently spoke to a group of several hundred students
at Harvard's Winthrop House - - a House whose Master had signed the Harvard/MIT
divestiture petition - - many of the students seemed unaware of these facts
about Israel's compliance. I suspect
that many of the signatories of the petition are also ignorant of the complex
realities underlying the continuing hostilities in the Middle East.
Many also seem to be unaware of the fact that Israel's
record on human rights and freedoms is among the best in the world, and
certainly the best in the region. Israel has a completely free press, which is
generally highly critical of the Israeli government. No Arab country has a free press, nor does the Palestinian
Authority. Israel has a completely independent judiciary, the only one in the
entire area. Its Supreme Court, one of the best in the world, is the only court
in which an Arab in the Middle East can expect to get justice in lawsuits
brought against any government. Palestinians
have won many lawsuits against the Israeli government and the Israeli military.
The rights of women, gays and others are far more fully recognized and
implemented in Israel than anywhere in the Arab world. The Israeli army does not discriminate
against gays, as even the American army does, and the Israeli Knesset now
includes an openly gay member. Israeli
Arabs sit in the Knesset, serve on the Israeli Supreme Court and have their own
newspapers.
Some supporters of the divestment effort have said that they
should be free to criticize Israel, and that this criticism is not the same as
anti-Semitism. But no one - - including Harvard University’s President Lawrence
Summers - - has equated anti-Semitism with criticism of Israel. Indeed, many
American Jews and Israelis do not hesitate to criticize Israel on a wide range
of matters. But the divestment effort
isn't just criticizing Israel. It is singling out Israel for behavior that is
actually better than that of other countries.
One good definition of anti-Semitism is taking a trait that
is universal and singling out only the Jews for criticism in relation to that
trait. For example, in the 1920's, then
Harvard President A. Lawrence Lowell decided that the number of Jews admitted
to Harvard should be substantially reduced because "Jews cheat." When a distinguished alumnus of Harvard,
Judge Learned Hand, pointed out to President Lowell that Protestants also
cheat, Lowell responded, "You're changing the subject, we're talking about
Jews." The same thing occurs in the debate over divestiture. When opponents of the divestment effort
point out that other countries in the Middle East have far worse human rights
records, proponents of divestiture respond, "You're changing the subject;
we're talking about the Jewish state." That is international anti-Semitism
writ large.
Any moral person who is aware of the true facts would not sign a petition singling out Israel for divestiture. Those who signed it are either immoral bigots or ignoramuses. There is no third alternative.
Alan M. Dershowitz is the Felix Frankfurter Professor of
Law at Harvard University. His most recent book is 'Why Terrorism Works:
Understanding the Threat, Responding to the Challenge.'