Dershowitz Misrepresents the Law, Part II

"There is no structure of an occupation that endured for decades and involved this kind of oppressive circumstances. The magnitude, the deliberateness, the violations of international humanitarian law, the impact on the health, lives and survival and the overall conditions warrant the characterization of a crime against humanity. This occupation is the direct intention by the Israeli military and civilian authorities. They are responsible and should be held accountable." -- Professor Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories.

Law Checks

Alan Dershowitz:

"Israel's actions in Gaza are justified under international law, and Israel should be commended for its self-defense against terrorism. Article 51 of the United Nations Charter reserves to every nation the right to engage in self-defense against armed attacks. The only limitation international law places on a democracy are that its actions must satisfy the principle of proportionality."

Law Check:

Leaving aside Dershowitz's misapplication of the term 'terrorism', the fact is that Article 51 of the UN Charter was drafted with Nazi Germany in mind and to support those who have the full right, duty, and backing of International law to resist illegal occupation. Article 51 is to be employed precisely to encourage resistance to the kind of aggression and invasions Israel has launched for more than 40 years. Article 51, and the international customary law on which it is based, gives Israel's neighbors, both UN members and non-members, the right of self-defense against unlawful Israeli aggressions outlawed by UN Charter Article (2) (4).

Additionally, the legal obligation of Proportionality applies to all States, not just those Dershowitz erroneously asserts i.e. "places on a Democracy" and especially, one could argue, on Apartheid states like Israel and the former regime in South Africa.

Professor Dershowitz refers to the Principle of Proportionality as if this black letter law is some sort of idealistic philosophical abstraction that is best discussed over drinks in a Boston Beacon Hill Salon. The Proportionality Standard, or Rule or Law is key to the enforcement of post-World War II international norms of civilized conduct and violation of it creates eligibility for criminal indictment and arrest warrants from the Office of the Prosecutor of International Criminal Court in the Hague.