Tuesday, April 2, 2019

He argues for rejecting the 1948 Resolution

One of Alan M. Dershowitz's mantras, which he used as a weapon to scare the Jewish-American rank-and-file, was the argument that if Israel were to return to the borders of 1967, a precedent will have been set, and Israel will eventually be forced to return to the borders of 1948.

Once a law professor that has always been contemptuous of the rule of law, Alan Dershowitz is nevertheless keenly aware that the rest of the world is respectful of the rule of law and will, therefore, uphold Israel's claim to the part of Palestine that was given to the Jews in 1948. For this reason, he never worried about the Jews losing that part of Palestinian territory. But he deeply worried about losing what Israel stole between 1948 and 1967 by creeping annexations, and what Israel stole after the 1967 sneak attack on its neighbors.

But guess what Alan Dershowitz is doing now. He is making an argument, which says essentially that any Arab or Muslim country attacked by Israel or its American surrogate at some point in the past, has the right to dislodge the Jews out of the 1948 borders, and return the land to its original Palestinian owners. Dershowitz is making this argument in an article he wrote under the title: “Trump is Right about the Golan Heights,” published on March 30, 2019 on the website of the Gatestone Institute.

The former law professor started the article with this assertion: “No country in history has ever given back territory that has been captured in a defensive war.” He did not explain what he meant by defensive war, leaving it to the readers to make the determination themselves.

Well then, since a state of war has existed between the Jewish invaders who began storming the shores of Arab Palestine at a time when every Arab country in the Levant was occupied by the Turks, the Brits or the French at the start of the twentieth century, every one of those countries has the right today, according to Alan Dershowitz, to counterattack Israel and confiscate every inch of land occupied by it, including that which the U.N. Security Council Resolution of 1948 gave to the Jews. In short, Alan Dershowitz, who never respected a law that would limit Israel's activities to expand, is now arguing for the rejection of the law that would prevent Israel from shrinking down to zero. Give the guy credit, the least that can be said about him, is that he is consistent.

Dershowitz went a step further when he employed his usual circuitous trick of arguing that haggling about a case is superior to the application of the law. Here is what he said in that regard: “Predictably, the European Union opposed the U.S. recognition of the annexation. But it provided no compelling argument, beyond its usual demand that the status quo not be changed.” This means that Alan Dershowitz regards the law as the instrument which protects the status quo. This being what prevents Israel from expanding, he prefers to see Jewish pundits haggle about such matters; see them reach whatever conclusion they feel good about, and impose it on the litigants, rather than see the litigants obey the law. You must admit, this is very Dershowitz-like, and very Pretzel-like contorted logic of the first order.

Alan Dershowitz does something else which speaks of his preference for what can only be called a system of ignorant authoritarianism. To understand what's involved here, first think of a time before the onset of the scientific method, a child asking a teacher why apples fall to the ground; and the teacher saying: it is so because it is so. Well, that was harmless ignorance because nobody knew better at the time. Now think of a farmer asking the feudal lord's commissar of acquisition why he should give half of his harvest to the feudal lord without getting paid; and the commissar of acquisition saying: it is so because it is so. Now, this is not harmless ignorance; it is ignorant authoritarianism.

And here is Alan Dershowitz's contribution to ignorant authoritarianism, expressed in his own words:

“The reality on the ground is that Israel will never give up the Golan Heights to Syria. There is no real harm in Israel's decision to annex it and the United States' decision to recognize that annexation. Furthermore, the decision to annex and recognize the annexation removes the Golan Heights from the status of occupied territory and recognizes the status quo as both de facto and de jure realities”.

In other words, Dershowitz is saying that the Golan is disputed territory because it is occupied. Annexing it by Israel, renders it no more occupied, and no longer disputed. Thus, the old status quo that international law was protecting, and Dershowitz did not like, has now morphed into a new status quo that has become a fait accompli on the ground, something that Dershowitz loves enormously.

The new status quo has also become de jure by the law of ignorant authoritarianism. It is a situation you may consider a clone of the law of the jungle. It was devised by those who act like cowardly savages, yet pretend to be civilized human beings; something they get away with most of the time. Imagine.