Israel and the myopic BDS movement

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THE BOYCOTT, divestment, and sanctions movement (BDS) against Israel, which was recently energized by the decision of the American Studies Association to boycott Israeli academic institutions, is actually making it harder for Israel and the Palestinian Authority to negotiate a reasonable resolution to the Israeli-Palestinian conflict. That is why Mahmoud Abbas, the head of the Palestinian Authority, has come out against boycotting Israel and Israeli academic institutions. As he put it in an interview while attending the service for Nelson Mandela:

“[W]e don’t ask anyone to boycott Israel itself. We have relations with Israel, we have mutual recognition of Israel.”

The leaders of the BDS movement understand Abbas’s point, but they persist in the demand for BDS. Some seem to be against a peaceful resolution of the Israeli-Palestinian dispute based on a two-state solution. The BDS movement is not only directed against Israel’s occupation of the West Bank. Judging from the rhetoric of some of its leaders, it is directed against the very existence of the state of Israel.

Abbas understands this. The BDS leaders understand this. Israeli leaders understand this. But some of the naive academics who sign onto BDS because they oppose Israel’s settlement and occupation policies do not seem to understand this. BDS leaders exploit that confusion to lull ivory tower professors into thinking that by signing onto BDS they are demonstrating opposition to the occupation, rather than to Israel itself.

The BDS movement places pressure on the Palestinian Authority to reject Israel’s compromise peace offers, as the authority did in 2001 and 2008. Abbas understands that radical elements within his constituency play the BDS card as a way of pressuring him into seeking an unrealistically better deal. That is, a deal he will never get. The end result may well be a continuation of the untenable status quo.

This is not to deny that there are some within the BDS movement, particularly those who would limit it to products and institutions on the West Bank (which Abbas would do), who honestly believe that the threat of BDS will push Israel toward changing its settlement policy and moving toward peace. They are simply wrong. Israel will never submit to the blackmail of BDS, and the Palestinians will never agree to a compromise peace if they erroneously believe that the pressure of BDS will force Israel into offering a better deal.

There is nothing good about the BDS movement. It is hypocritical, for singling out the nation state of the Jewish people for BDS, while ignoring other occupations (such as those by Turkey, China, and Russia), as well as far worse violations of human rights and academic freedom, such as those committed by Cuba, Saudi Arabia, the Palestinian Authority, Russia, China, and nearly all the countries of Africa. It is ineffective, because its impact on Israel is minuscule and its impact on the Palestinian Authority is to make it more difficult for its leadership to accept a reasonable peace offer. It may also be illegal, since it discriminates on the basis of religion (it applies only to Jewish academics and business people in Israel, and not to Muslims), national origin, and ethnicity. Moreover, BDS constitutes collective punishment, since it targets Jewish Israelis who oppose Israel’s settlement policies as well as those who favor them.

That is why so few world leaders and responsible individuals support BDS. That is why so many academic institutions, such as Harvard, condemn academic boycotts. That is why more than 10,000 American academics have signed a petition declaring themselves to be “Israelis” for purposes of any academic boycott against Israeli academics. BDS is largely a plaything of the hard left. It is an irresponsible gambit being promoted by irresponsible people who are more interested in being politically correct and feeling good than in helping to bring about a reasonable resolution to a complex problem, the fault for which is widely shared.

It is important, therefore, that opponents of this bigoted foolishness fight back. Dissenting members of academic organizations that support BDS should resign in protest. Colleges and universities should stop giving financial support to organizations that promote hypocritical and possibly illegal boycotts. Alumni should “divest” from any universities that divest from Israel, and peace-loving people should denounce those organizations and individuals who are hindering the peace process by promoting BDS.

While small ivory tower academic institutions debate BDS, Secretary of State John Kerry, Israeli Justice Minister Tzipi Livni, and Palestinian chief negotiator Saeb Erekat continue the hard work of trying to negotiate permanent borders for a Palestinian state, land swaps, a complex division of Jerusalem, a resolution of the double refugee problem (Palestinian refugees as well as Jewish refugees from Arab states), and security arrangements along the Jordan River. Some progress is in evidence. Let peace not be made more difficult by the leaders of the BDS movement who oppose the two-state solution and by their naive followers who think they are doing good while actually violating the important principle of morality: “First, do no harm.”

Professor Alan Dershowitz’s latest book is “Taking the Stand: My Life in the Law.”

Israel and the myopic BDS movement

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AUTHOR

Alan M. Dershowitz

Professor Alan Dershowitz of Harvard Law School has been described by Newsweek as "the nation's most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights." Time magazine, in addition to including him on the cover story on the "50 Faces for the Future," called him "the top lawyer of last resort in the country -- a sort of judicial St. Jude." Business Week characterized him as "a feisty civil libertarian and one of the nation's most prominent legal educators." He has been profiled by every major magazine ranging from Life ("iconoclast and self-appointed scourge of the criminal justice system"); to Esquire ("the country's most articulate and uncompromising protector of criminal defendants"); to Fortune ("impassioned civil libertarian" who has "put up the best defense for a Dickensian lineup of suspects"); to People ("defense attorney extraordinaire") and to New York Magazine ("One of the country's foremost appellate lawyers"). More than 50 of his articles have appeared in the New York Times Magazine Book Review, and Op- Ed Pages. He has also published more than 100 articles in magazines and journals such as The Washington Post, The New Republic, Saturday Review, The Harvard Law Review, and the Yale Law Journal.

Syndicated, more than 300 of his articles have appeared in 50 United States daily newspapers, including The Los Angeles Times, San Francisco Chronicle, The Boston Herald, and The Chicago Sun Times. His essay "Shouting Fire" was selected for inclusion in "The Best American Essays of 1990."

Mr. Dershowitz is the author of a dozen fiction and non-fiction works. His writing has been praised by Truman Capote, Saul Bellow, William Styron, David Mamet, Aharon Appelfeld, A.B. Yehoshua and Elie Wiesel. More than a million of his books have been sold worldwide. Professor Dershowitz's latest book is a novel, The Trials of Zion (2010). His book, Preemption: The Knife that Cuts Both Ways, was published by WW Norton in February 2006. Titles among his other books include: The Case For Peace (2005), America On Trial (2004), The Case For Israel (2003), and Why Terrorism Works (2002), Supreme Injustice: How the High Court Hijacked Election 2000, Letters to a Young Lawyer, and Shouting Fire: Civil Liberties in a Turbulent Age. The Advocate's Devil was published by Warner Books in 1994. The New York Times Book Review gave Dershowitz's first novel "A thumbs up verdict...exciting, fast paced, entertaining." The Times hailed this courtroom thriller as "a dazzling, often rather graphic portrayal of that greatest of all oxymorons -- legal ethics." The Advocate's Devil was made into a Tri-Star television movie.

Also in 1994, Little, Brown & Company published The Abuse Excuse, a provocative collection of essays examining the relationship between individual responsibility and the law. His other full-length publications include Contrary to Popular Opinion, Chutzpah, Taking Liberties: A Decade of Hard Cases, Bad Laws, and Bum Raps, Reversal of Fortune: Inside the von Bulow Case, and The Best Defense.

Professor Dershowitz's writings have been translated into French, German, Hebrew, Japanese, Thai, Chinese, Italian, Spanish, Swedish, Danish, Russian, and other languages. His clients have included Anatoly Shcharansky, O.J. Simpson, Claus von Bulow, Michael Milken, Jonathan Pollard, Leona Helmsley, Jim Bakker, Christian Brando, Mike Tyson, Penthouse, Senator Mike Gravel, Senator Alan Cranston, Frank Snepp, John Landis, John DeLorean, David Crosby, Dr. Peter Rosier, Wayne Williams, Fred Wiseman, Patricia Hearst, Harry Reems, Stanley Friedman, the Tyson brothers, various death row inmates, Rabbi Meir Kahane, and numerous lawyers including F. Lee Bailey and William Kunstler. He has been a consultant to several presidential commissions and has testified before congressional committees on numerous occasions.

In 1983, the Anti-Defamation League of the B'nai B'rith presented him with the William O. Douglas First Amendment Award for his "compassionate eloquent leadership and persistent advocacy in the struggle for civil and human rights." In presenting the award, Nobel Laureate Elie Wiesel said: "If there had been a few people like Alan Dershowitz during the 1930s and 1940s, the history of European Jewry might have been different." He has been awarded the honorary doctor of laws degree by Yeshiva University, the Hebrew Union College, Monmouth College, and Haifa University. The New York Criminal Bar Association honored Professor Dershowitz for his "outstanding contribution as a scholar and dedicated defender of human rights."

Alan Dershowitz was born in Brooklyn, graduated from Yeshiva University high school and Brooklyn College. At Yale Law School, he was first in his class and editor-in-chief of the Yale Law Journal. After clerking for Chief Judge David Bazelon and Justice Arthur Goldberg, he was appointed to the Harvard Law faculty at age 25 and became a full professor at age 28, the youngest in the school's history. Since that time, he has taught courses in criminal law, psychiatry and law, constitutional litigation, civil liberties and violence, comparative criminal law, legal ethics and human rights. He has lectured throughout the country and around the world -- from Carnegie Hall to the Kremlin.

Professor Dershowitz continues to play basketball, regularly attends Boston Celtics home games, and occasionally comments on the Boston sports scene.

In his speeches, versatile civil libertarian Alan Dershowitz addresses social, legal and ethical issues:

 

 

  • Legal Issues: 'Why Good Lawyers Defend Bad Clients,' and 'Global Perspectives on Justice and Civil Liberties'

 

 

 

 

  • Social Issues: 'Religion Politics and the Constitution,' and 'The Genesis of Justice'

 

 

 

 

  • Ethics and Values: 'Does Organized Religion Have an Answer to the Problems of the 21st Century,' and 'Legal and Moral Struggles; Unpopular Cases and Causes'

 

 

Professor Dershowitz resides in Boston.

Copyright 2005, The Harry Walker Agency, Inc. All Rights Reserved.


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