Now
Available!
Dime's
Worth of Difference:
Beyond the
Lesser of Two Evils

Order Here!
Today's
Stories
September 30,
2004
Ali Khan
Dershowitz's
Jihad: Inventing Exceptions to International Law
September 29,
2004
Behrooz Ghamari
Playing
Politics with Nukes: A Collision Course with Iran?
Ray McGovern
More
Troops to Iraq...After the Election
Walter Brasch
Tinseltown
Traitors?: Applauding Only the Right Entertainers
Chris Floyd
The
Deceivers: Chronicle of a Quagmire Foretold
Stacey Reynolds
The Story of a Mercury-Poisoned American
M. Junaid Alam
Disrupting America's Fateful Non-Debate on the Roots of Terrorism
John L. Hess
They've Already Called It
Paul Craig
Roberts
Delusion
Rules: War, Outsourcing an Debt

September 28, 2004
Mike Whitney
Kerry's
Moral Compass
Fred Gardner
Pot
Shots: the Civics Teacher
Dan Meek
How Democrats Kicked Nader Off the Oregon Ballot
Greg Bates
Choking on Progressives for Kerry
Alan Farago
Jeanne in Haiti: Where is the World?
Lori Berenson
The Cajamarca Protest
Wayne Madsen
Where
is the Florida National Guard?
Robert Fisk
Why Have We Suddenly Forgotten Abu Ghraib?
Sex,
Drugs & the Blues!
Serpents in the Garden

CounterPunch's
Sizzling New Book on Culture and Sex is Now Available
Click here to purchase
September 27,
2004
Gary Leupp
The
Expulsion of Cat Stevens
Patrick Cockburn
As British Muslims Plead for Bigley's Life, US Airstrikes Pound
Fallujah
Sam Husseini
The Problem with Public Opinion Polls
Lee Sustar
Putting Bosses First: Latter Day Democrats and Labor
Dave Lindorff
A Progressive Case for (Gag) Kerry?
Norman Madarasz
Talking International: Contra Kerry
Kevin Pina
The Tragedy of Gonaives, Haiti

September 25
/ 26, 2004
Alexander Cockburn
C'mon
Ralph, You've Got Nothing to Lose
Dave Zirin
The Courage of the NBA's Etan Thomas:
"I Am Totally Against This War"
Saul Landau
The Reality of Empire and Campaign Rhetoric
Dave Lindorff
Our Heroic Baby-Killers
Brian J. Foley
Bush at the UN: the Sound of No Hands Clapping
William Blum
Progressives and the Election
Alan Maass
Why is Kerry Running Such a Lame Campaign? You Can't Blame It
All on Bob Shrum
Lucson Pierre-Charles
Haiti: Another Lost Story
Solange Echeverria
An Interview with Kevin Pina on the Floods in Haiti
Nicole Colson
What About the Supreme Court?
Justin Smith
The New Sparta
Joshua Frank
Iraq: From Clinton to Bush
Karyn Strickler
Momma, Don't Let Your Babides Grow Up to be Cannon Fodder
Michael Donnelly
Rather Disingenuous: "Remember in November"
Greg Bates
The Politics of Nader's Republican Support
Todd Chretien
Lesser Evilism: We Are Living in the Logical Conclusion
William Loren
Katz
Dire Warnings from the Past: From Wilson to Bush
Omar Barghouti
Americans, You've Lost Your Alibi!
Poets' Basement
Holt, Clarke, Albert, Laymon and Ford
Website of the Weekend
Carnival of Chaos
September 24,
2004
Dr. Teresa
Whitehurst
The
Value of One Life: Keeping Up Appearances and Leaving Hostages
to the Wolves
William S.
Lind
Destroying
the National Guard
Mike Whitney
The Bush Tent Show
Nancy Welch
What's
at Stake for Women in 2004?
Niranjan Ramakrishnan
Logical Limbo
Joshua Frank
Fear Mongering 101
Victor Kattan
An Interview with Afif Safieh
Ben Terrall
Kerry and Haiti: Will He Stand Up?
Kathleen and
Bill Christison
"Finally
It Broke My Heart": Random Impressions from Palestine
September 23,
2004
Patrick Cockburn
Why
Are They Still Holding "Mrs. Anthrax?"
Christopher Brauchli
Ashcroft's "Distressing Lack of Care": Hamdi and the
Phony War on Terrorism
Derek Seidman
Fighting for a Union at Starbucks: an Interview with Daniel Gross
Michael Neumann
Three
Years and Counting? How Time Flies
September 22,
2004
Patrick Cockburn
Zarqawi's
War: the Mysterious Sadist from Jordan
Neve Gordon
The
Wall, the Court and Sharon
Joshua Frank
History Repeating: New York, 1832 and Now
Ron Jacobs
Stormy Seas on the Citizen Ship
Jack Random
Defending Dan? Rather Not
Tarif Abboushi
Kerry's Final Straw: Confessions of a Despairing Voter
Mickey Z
Stupid White Guy Quiz
John L. Hess
Faking the Difference: a Serious Debate?
Jeffrey St.
Clair
High
Plains Grifter: The House Rules
September 21,
2004
Gary Leupp
"We
Are Not Secure": Kerry's "Unwavering Commitment"
to Securing a Middle East Realm
Robert Jensen
Large
Dams in India: Temples or Burial Grounds?
Elaine Cassel
Fourth Circuit to Moussouai: Ask Your Questions; Prepare to Die
Stanley Heller
Reagan and the Killing Fields of Lebanon
Adam Federman
America Will Disappoint the World, Again
David Whitehouse
What's Behind the Horror in Darfur?
M. Junaid Alam
How to Avoid Becoming an Anti-American
Paul Craig
Roberts
Attention
Deficit America
Website of the Day
True American War Heroes: the Iraq Refuseniks
September 20,
2004
Cockburn /
Buncombe
Get
Fallujah
David Price
Relying
on Phonies: What If The Problem with Phone Polls is That They
Are Phone Polls
Dave Lindorff
How
Dems Fight: Tigers Against Nader, Pussycats Against Bush
Harry Browne
Pre-Nup at Leeds: Talked Out, But Does IRA Give Up?
Mark Wesibrot
Bush's
Ownership Society: No Taxes for Owners, Only Workers
Karyn Strickler
The Keys to the White House v. the Shrum Curse?
Uri Avnery
The Temple Mount Bombers
September 18
/ 19, 2004
Alexander Cockburn
Forgeries,
Fingerprints and Forensic Fakery
Jeffrey St. Clair
High Plains Grifter: Bush's Mask of Anarchy
Patrick Cockburn
Into the Abyss: the Week Iraq's Dream of Peace Fell Apart
Fred Gardner
Pot Shots: Financial Torture (Asset Forfeiture)
Joe Allen
The Comrades Kerry Abandoned: the Real Story of Vietnam Vets
Against the War
George Corsetti
Poletown Revisited: Finally, Some Vindication
Scott Handleman
The Knock-Knock of a Sledgehammer: Sequestered in Nablus
Richard Ward
Two Weeks in Beit Arabiya
Conn Hallinan
Ashcroft and Indonesia
Lori Smith
Health Care in America: And Then I Got Sick...
Dave Zirin
Hold the Booyah!: SportsCenter Out of the Middle East
John L. Hess
Rather Will Take the Heat, As Bush's War Deteriorates
Brian J. Foley
W is for Wimp: So Why do Manly Men Love Him?
Mickey Z.
Pat Tillman and Osama bin Laden: Odd Juxtapositions
Poets' Basement
Vest, Landau & Albert
Website of the Weekend
Eye on the NYTs
Septemeber
17, 2004
Ray McGovern
Gossing
Over the Record
Patrick Cockburn
The New Iraqi Economy: Baghdad's Thriving Kidnapping Industry
Lee Sustar
The State of Working America: an Autopsy of the American Dream
Mike Whitney
John Kerry: 195 Lbs. of Political Helium, Not an Ounce of Sincerity
Victor Kattan
Black September
Ray Hanania
Israel's Demographics
Greg Bates
Nader's Victories: a Mid-Campaign Assessment
Website of
the Day
The Road to Hell
September 16,
2004
Landau / Hassen
Meet
the New Villain: Syria
Joanne Mariner
Inside
Darfur: a Photo Essay
Patrick Cockburn
US
Offers Conflicting Accounts of Baghdad Bloodbath
Greg Moses
Four Million Children Might Be News
Joshua Frank
Nader in the Battleground States
Christopher Brauchli
The Bush Drug Lottery Flops
David Himmelstein
Folke Bernadotte: a Rosh Hashonah Remembrance
Website of the Day
The Abu Ghraib Index
September 15,
2004
Patrick Cockburn
Hell
on Haifa Street
Ron Jacobs
Oppose War, Not Just Bush
David Lindorff
Blanking Out Dissent
Joanne Mariner
Talking About Darfur: Is Genocide Just a Word?
Angela Godfrey-Goldstein
An Open Letter to Madonna: Please Don't Support Israeli Apartheid
Dave Zirin
Is the NFL Ready for Us?
Yigal Bronner
"They
Are Building Walls Around Us"
September 14,
2004
Gary Leupp
The
Problem of Chechnya
Jennifer van
Bergen
What's
Wrong with Torture?
Stan Goff
Wake Up and Smell the Jungle Rot
Patrick Cockburn
The
Punishment of Fallujah: US Precision Strickes...on Ambulances
Anis Memon
Nader
in Michigan
Michael Donnelly
The Nuance Comes Off: Former Naderites Beg for Kerry Votes
Werther
Zell Miller: the Peckerwood Pericles
Website of
the Day
Osama Bin Forgotten?
September 13,
2004
Gabriel Kolko
Elections,
Alliances and the American Empire
Phillip Cryan
How Do You Say "Death Squad?": Language in Colombia's
War
Patrick Cockburn
One of Baghdad's Bloodiest Days: "I'm a Journalist! I'm
Dying! I'm Dying"
Noah Leavitt
The War on Civil Liberties
Robert Jensen
Highjacking Catastrophe: Bush, the Neo-Cons and 9/11
Mike Whitney
Alan Greenspan: Fed-Master to the Wealthy
John Chuckman
Stop Talking About the "Election"
Mike Burke
Kerry/Edwards Website Censors Discussion of Israel/Palestine
Issues
CounterPunch
Wire
The Quotations of David Cobb: "I Don't Care How Many Votes
I Get"
Website of the Day
Keep It In Your Pants: the Bush Plan to Combat Teen Promiscuity

September 11
/ 12, 2004
Alexander Cockburn
Swatting
at Flies
Fred Gardner
Yet Another Prozac Scandal
Saul Landau
When Our Assassins Go Free
Jennifer Van Bergen
How to Beat Bush: a Simple Strategy for the Average American
Roger Burbach
/ Jim Tarbell
The Real Dead Enders: Iraq and the Crisis of Empire
Christopher Reed
9/11 in an Historical Context: a Minor Event When Compared to
Worldwide War Casualties
Francisc Catalin
An ABC of American Interventions
Carl Estabrook
Big Science and Government Terror
Bernard Chazelle
Anti-Americanism: a Clinical Study
Sharon Smith
Third Party Blues
Dave Lindorff
Perhaps This Time We're the Silent Majority
Mike Whitney
Fallujah: an Iraqi Beslan?
Frederick B.
Hudson
Their Sons Perished in the Flames, But Not Their Faith
Mickey Z.
Round Up the Usual Suspects: a Look Back at 9/11
Ron Jacobs
Redneck Music for the New Century
Greg Moses
Soap Opera Moments in Texas School Funding Trial
Benjamin Dangl
/ Andrew Kennis
An Interview with Leslie Cagan
Poets Basement
Del Papa, Albert, Gelman
September 10,
2004
Patrick Cockburn
Disappointment
at Samarrah?
Michael Donnelly
Democrats v. Democracy
Alan Farago
Mosquitoes in a Hurricane
Doug Giebel
Karl Rove's Terror Playbook
Mike Whitney
Bob Graham's Political Tsunami
David Domke
God's
Will, According to the Bush Administration

September 9,
2004
Joe Bageant
Karaoke
Night in Bush's America
Ed Kinane
Abducted in Baghdad
Peter Bohmer
The Cuban Revolution: Present and Future
Todd May
The Emerging Case for a Single-State Solution
Jeremy Scahill
The New York Model: Indymedia and the Text Message Jihad
Joshua Frank
Green House Party Gasses
Fran Shor
The Crisis in Public Dissent: When Protest is Considered a Terrorist
Act
Patrick Cockburn
Welcome
to the Dirtiest City in the World: Despair in Baghdad
Website of
the Day
Liberty Street Protest: No to War at Ground Zero
September 8,
2004
Patrick Cockburn
This
Doesn't Smell Like Victory: A War on Two Fronts in Iraq
Dave Lindorff
Bush Confuses; Kerry Mute: Spinning 1000 Dead
Bulent Gokay
Russian and Chechnia After Beslan
Lisa Viscidi
Land Reform and Conflict in Guatemala
Niranjan Ramakrishnan
Byrd's Eye View
Mike Whitney
Afghanistan: American's Drug Colony
Stan Goff
Body
Count: 1001
Website of
the Day
Bush and the Love Doctors
September 7,
2004
Diane Christian
Hostage Tactics: a Game of Mortal Poker
Joshua Frank
Greens
Unravel from Within
Patrick Cockburn
Fallujah
Erupts Again: US Death Toll in Iraq Nears 1000
Ron Jacobs
Bush and Putin: "We're Not Girlie Men"
Chris Floyd
Cry Havoc: Bush's Own Personal Janjaweed
Dr. Carol Wolman
No Blood for Oil at Paul Bunyan Day Parade
John Ross
The
Politics of Darkness North / South
September 6,
2004
Alexander Cockburn
An
Anti-Labor Day That Lives in Infamy: How Many Democrats Voted
For Taft-Hartley?
Ralph Nader
The
Cruel Legacy of Taft-Hartley: a Labor Day Call for Rights for
Working People
Lee Sustar
What's Driving the Attack on Pensions?
Kathleen and
Bill Christison
Dual
Loyalties: the Bush Necons and Israel
September 4-5,
2004
Alexander Cockburn
Elephants
and Gramsci
Ted Honderich
The
Way Things Are
Sasan Fayazmanesh
The
Holy Empire: Who We Are and What We Do
Douglas Valentine
What the World Should Know About Guantanamo
Patrick Cockburn
New Iraqi Police State Flexes Its Muscles
Gary Leupp
Neo Cons Under Fire
Fred Gardner
Pot Shots: the Hempstead T-Shirt
William A.
Cook
The
Day of the Lemming
Dave Zirin
Kobe Bryant and the Price of Freedom
John Chuckman
The Day the World Ended
Karyn Strickler
God Save the Endangered Species Act
Vanessa Jones
Bad Day with an Ikea Cup
Mike Whitney
Kerry: the "Better" War Candidate
Mark Donham
Dear John (Kerry): Start Explaining and Fast
Mickey Z.
McBypass Nation: Feeling Clinton's Pain
Alan Farago
Can the Everglades be Fixed?
Poets' Basement
Landau and Albert
September 3,
2004
Jeffrey St.
Clair
High
Plains Grifter: Jesus Told Him Where to Bomb
Rahul Mahajan
Bush's RNC Speech: an Annotated Response
Carl Estabrook
The
Book of Slaughter and Forgetting
Joshua Frank
The Florida of the Northwest: Oregon Dems Sabotage Nader Again
Gary Leupp
Music to My Ears: Sunday's March
James Hollander
Deja Vu in Manhattan: Assisted Political Suicide?
Mark Engler
Republicans
Among Us: a Week at the RNC, Inside and Out
Jesse Sharkey
Making Students and Teachers Pay for the Crisis in Education
Jane Stillwater
Calling the Cops on Your Own Kid
Stephen Green
Serving
Two Flags: the Bush Neo-Cons and Israel
September 2,
2004
Jeffrey St.
Clair
High
Plains Grifter: Part 3: More Pricks Than Kicks
Max Gimble
Et Tu, Menchu? Extrajudicial Killings and Clandestine Graves
in Guatemala
James Petras
President Chavez and the Referendum: Myths and Realities
Christopher
Brauchli
Bush and the Afghan Electoral Model: "If They Want to Vote
Twice, Let Them"
Todd Chretien & Jessie
Muldoon
Will the Democrats Expel Zell Miller?
Jack Random
Spite and Venom Day: the Turncoat and the Profiteer
Alan Maass
The Real Vietnam
Christa Allen
Contre Bush
Website of
the Day
[Redacted]
September 1,
2004
Alexander Cockburn
The
Stench of Doom
Kathleen and Bill Christison
Poor Larry Franklin
Dave Lindorff
Kerry's Litmus Test
Josh Frank
Protest in White: Not All of New York Rises Up
John L. Hess
Moles, Scoops and Flip Flops
Mike Whitney
Deconstructing Arnold
Jack Random
Kindergarten Night at the RNC
Andrew Wilson
War on the Pachyderms: Why Do Elephants Hate Us?
Jeffrey St.
Clair
High
Plains Grifter: Part Two: Mark His Words
August 31,
2004
Joseph Nevins
Escapism
and Global Apartheid: The Dominican Republic & the NYTs
Matt Vidal
Beyond
Bush's Rhetoric on the Economy
Neve Gordon
Kerry and the Middle East
Dave Lindorff
Bush
the Peace Candidate?
Mike Whitney
NPR Leads the Charge for War Against Iran
Jack Random
Opening Night: Playing the War Card
Jeffrey St.
Clair
High
Plains Grifter: the Life and Crimes of George W. Bush (Part One)
CounterPunch Photo of the Day
Pete Seeger in NYC
August 30,
2004
Justin Podhur
The
Disappeared Mayor
Shaun Joseph
The
Hypocrites at TheNaderbasher.com
Mike Whitney
Israeli Moles in the Pentagon: What More Could They Possibly
Want?
Ron Jacobs
Live, From New York: the Majority of Protesters Claimed No Candidate
David Lindorff
Sunday in Manhattan: the Sound of Marchin', Chargin' Feet, Boy
Dave Zirin
USA Basketball: The Team White America Loved to Hate
Sam Husseini
Israeli Spying on the US: a Long History
August 28 /
29, 2004
Alexander Cockburn
Zombies
for Kerry
Patrick Cockburn
Najaf Ceasefire Good for Iraq, But Weakens Allawi and US
Ray McGovern
Blowing Smoke on Intelligence
Dr. Juan Romagoza
From El Salvador to Abu Ghraib: Reflections of Torture Survivor
Ray Hanania
An Israeli Spy in the Pentagon? Ridiculous!
Fred Gardner
Eddie Lepp Busted by DEA: Facing Life for Growing Medical Pot
Diane Christian
Big Men: the Better Leader Lets You Live
William S. Lind
The Desert Fox
Paul D'Amato
The Left Takes a Dive for Kerry
Joshua Frank
Greens at the Crossroads
Mickey Z.
Media Declares War on Anti-War Protests
Winslow T. Wheeler
Sen. McCain's Pork Chops: an Exchange
Justin E.H.
Smith
The New Age Racket and the Left
Thomas St. John
Burning Slaves at the Stake: On "Sinners in the Hands of
an Angry God"
Ali Tonak
Help the NYPD?
Mark Engler
New York Says "No"
Justin Felux
Haiti: the Attica of the Americas
Poets' Basement
Gelman, Albert, Ford and Hamod
August 27,
2004
Gary Leupp
Neocon
Musings
Robin Cook
The
Ghosts of Abu Ghraib
Diane Christian
Disarming
Michael Donnelly
Situational Democracy: the Show Me the Green Party?
Jack Random
4F and Other Heroes: an Army of War Resisters
Mike Ferner
"To the Swift Boats!"
Mazin Qumsiyeh
7000 Palestinian Political Prisoners
Veronza Bowers, Jr.
"You Won't Be Leaving Tomorrow"
August 26,
2004
M. Shahid Alam
The
Clash Thesis: a Failing Ideology?
Diane Christian
War
Rules: Bush is No Sun Tzu
Derek Seidman
"They're As Bad As Wal-Mart:" Starbucks Workers Get
Organized
David Lindorff
Court to RNC Protesters: Drop the Rally
Christopher
Brauchli
Signs of Dissent: the Bush in the Bubble
Stew Albert
Reporting Suspicious Activity
Mark Donham
Judgement in Athens: Give the Koreans Their Day in Court
Saul Landau
Pinochet:
the Al Capone of the Southern Cone
Website of
the Day
The Kerry 527 Ad You'll Never See
August 25,
2004
Amelia Peltz
Can
I Have 9.8 Seconds of Your Time?
Noah Leavitt
Defining and Redefining Torture
Ron Jacobs
Takin' It to the Streets: It's Not About the Election, It's About
Democracy
James Brooks
Coronado Crosses the Jordan
Akiva Eldar
How to Win the Jewish Vote: Turn Gaza into a "Mini-Afghanistan"
Gemma Araneta
Chavez's New Brand of Populism
Philip Cryan
Uribe's Boys: the Death Squads of Colombia
CounterPunch Wire
Cheney Opens the Closet Door
August 24,
2004
Jeremy Scahill
John
Kerry: the Warchurian Candidate
Gary Leupp
"We
Want Them to Go Away"
David Domke
God
Willing: an Echoing Press and Political Fundamentalism
William Loren Katz
The Meaning of Hugo Chávez: Black and Indian Power in
Venezuela
Jonah Gindin
With Chavez? Reading the International Private Media
Fran Schor
Denying Atrocities: From Vietnam to Fallujah
Joe Bageant
Driving
on the Bones of God
Website of the Day
The Great America Lockdown: a Primer for the RNC
August 23,
2004
Winslow Wheeler
Don't
Mind If I Do: Porkbarrel and the War on Terror
John Pilger
Bush
May Be the Lesser Evil
Stan Goff
Swift
Boat Dogfight
Bill and Kathleen
Christison
Notes
from the West Bank: Build, Demolish, Rebuild
Mike Whitney
The Unraveling of Afghanistan
William Blum
Brave
New World of Iraqi Sovereignty
Ralph Nader
A Letter to the Washington Post: a Shameful and Unsavory Editorial
August 21 /
22, 2004
Cockburn /
St. Clair
"They
Want Blood:" The Bi-Partisan Origins of the Total War on
Drugs
Landau / Hassen
Failing
the Mission? Form a Commission
Brian Cloughley
The
Bush Team in Iraq: Moral Cowardice, as Practiced by Experts
Josh Frank
Nader as David Duke? The ADL Wants You to Think So
Mike Whitney
Reincarnating Mengele: the Torture Doctors of Abu Ghraib
Ron Jacobs
Day Labor Blues
Mickey Z.
Shooting at Whales: 40 Years After Tonkin
Fred Gardner
Dr. Wolman Comes Out: The Cannabis Consultants
Dave Zirin
Uprising in Athens: Iraqi Soccer Team Gives Bush the Boot
Josh Saxe
Witnessing Police Brutality in LA
Yanar Mohammed
Letter from Baghdad: a Democracy of Killings and Bombings
Helen Williams
Ali's Story: a Taste of Reality from Baghdad
Michael Donnelly
Elemental and NaturalForests, Fire and Recovery
Elizabeth Schulte
The Crisis in Affordable Housing
Poets' Basement
Adler, Albert, Virgil, Ford and Krieger








Hot Stories
Alexander Cockburn
Behold,
the Head of a Neo-Con!
Subcomandante
Marcos
The
Death Train of the WTO
Norman Finkelstein
Hitchens
as Model Apostate
Steve Niva
Israel's
Assassination Policy: the Trigger for Suicide Bombings?
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
Steve
J.B.
Prison Bitch
Sheldon
Rampton and John Stauber
True Lies: the Use of Propaganda
in the Iraq War
Wendell
Berry
Small Destructions Add Up
CounterPunch
Wire
WMD: Who Said What When
Cindy
Corrie
A Mother's Day Talk: the Daughter
I Can't Hear From
Gore Vidal
The
Erosion of the American Dream
Francis Boyle
Impeach
Bush: A Draft Resolution
Click
Here for More Stories.


|
September 30, 2004
The Harvard
Law Professor Who Sat On An Israeli Assassination Target Review
Panel
The
Jihad of Alan Dershowitz
By
LIAQUAT ALI KHAN
Law Professor,
Washburn University School of Law
If to dispute well is law's chiefest
end, Harvard law professor Alan Dershowitz has honed this ability
to a stunning craft. In high-profile cases, such as O. J. Simpson,
Doctor Dershowitz, a seasoned criminal law jurist, serves as
a media-savvy lawyer determined to defend "the guilty."
Less well known, however, is that this advocacy Mephistopheles
thrives on inventing unpopular, counter-intuitive, and even unjust
exceptions to international law--a subject he normally does not
teach. These exceptions--mutually folded in each other's orb---allow
the torturing of terrorists, the assassinations of their leaders,
and the demolition of their family homes. What is most intriguing
is the contempt that Dershowitz has for the International Court
of Justice (ICJ) and its current President (the Chinese judge)
whom he calls a thug, discarding the language of professional
courtesy.
Somewhat intrigued by his incendiary
views daringly, and sometimes crudely, expressed in books and
newspaper columns, I requested to interview Dershowitz, an interview
he granted promptly and generously. We both taped the interview,
I for no other reason but to save as a souvenir. I came out of
the interview with the clear impression that--setting aside the
civil liberties concerns that inform his criminal defense rhetoric--Dershowitz
concocts these exceptions not merely to embellish his ivory tower
but to proactively defend, and sometimes shape, Israeli policies
in occupied Palestine.
For example, Dershowitz's contempt
for the ICJ has deepened ever since the Court decided to rule
on the legality of Israel's separation wall. Comparing the ICJ
to a Mississippi court in the 1930s, Dershowitz contends that
the ICJ is a credible court for the rest of the world but not
for Israel, just as the Mississippi court was a just tribunal
for whites but not for blacks. This argument, in its analogical
enormity, paints the ICJ as an exceptionally anti-Israel body.
Furthermore, Dershowitz challenges the neutrality of ICJ judges,
arguing that they are shameless mouthpieces of their governments.
When asked to comment on whether he holds the same view about
British and American judges on the Court, Dershowitz stepped
back to distinguish between the Court and its judges, now saying
that the ICJ is bigoted but many of its judges are not. This
distinction made no sense to me, since all judges on the Court,
except one, held the separation wall to be illegal.
Dershowitz's exceptional defense
of Israel is not confined to academic criticisms of the ICJ (or
the International Red Cross or the United Nations). In the interview,
Dershowitz, who opposes the death penalty, revealed that he had
sat on the Israeli assassination committee that reviews evidence
before terrorists are targeted and killed. This "due process"
hearing is designed to reduce the raw charge that state-sponsored
assassinations are blatantly unlawful. Dershowitz favors
targeted assassination of terrorist leaders "involved in
planning or approving on-going murderous activities." Under
this protean standard, it is unclear whether spiritual and political
leaders who favor terrorist violence but do not materially participate
in specific terrorist acts may also be assassinated. These niceties
aside, the idea of a Harvard law professor sitting on an occupying
state's assassination committee would be, to many in the legal
academy, a trifle perplexing.
What rattles his many critics
the most, however, is the innovative exception Dershowitz draws
for the Convention against Torture (1987). The Convention prohibits
all forms of torture and provides for no exception. In fact,
the prohibition against torture has attained the status of jus
cogens--the peremptory norms of international law that cannot
be abandoned or altered. Dershowitz confesses to know all this.
Yet he makes an empirical argument to carve out an exception.
Since torture cannot be eliminated in the real world, he argues:
"Ay, think so still, 'til experience change thy mind."
Dershowitz proposes that the legal system regulate torture by
requiring state officials to obtain a judicial warrant before
torturing. Despite Dershowitz's connections and influence,
Israel refused to launch the proposed torture warrant, although
it embraced the idea of exception to the Convention it had signed.
However, when more than 90 percent of the Palestinian security
detainees began to be tortured, the Israeli Supreme Court put
an end to the fledgling exception.
Undeterred by such judicial
rebuffs, Dershowitz continues to manufacture legal exceptions
to shore up the universally condemned Israeli practices, such
as bulldozing the family homes of terror suspects. Calling it
property damage, he apparently dismisses the sanctity, the intimacy,
and the memories attached to a family home, anybody's family
home. As if demolition of family homes is a minor punishment,
Dershowitz is willing to pull down even the entire "villages
of suicide bombers." He thinks perhaps that it takes a village
to raise a suicide bomber. It does. When her entire village has
been grabbed by the neck and choked, some kid (a "terrorist")
is surely going to be mad as hell.
Despite his legalistic jihad
for Israel's security and despite his employment of the Harvard
Law School stature to propose questionable exceptions to international
law, Dershowitz does not completely throw away the sense of limits.
For example, he opposes Nathan Lewin, a prominent Washington
lawyer and a federal judge hopeful, who blatantly argues, contrary
to popular feelings of the Jewish community, that family members
of suicide bombers be executed.
By no means is Dershowitz an
incorrigible ideologue nor is he morally sightless. His reading
of international law is most certainly flawed and he needs "to
settle in his studies." His intellectual honesty is nonetheless
beyond doubt. He is what he thinks. He does not duck hard questions.
And he does all this with an inexhaustible capacity to swallow
contradictions. At the end of the play, however, when all arguments
have been made, when all exceptions have been put to rest, and
when the nation that launched a thousand missiles has been defended,
Dershowitz relaxes his grip with a disarming sense of humor expressed
through borrowed jokes. In his book Why Terrorism Works
(2002), for example, he tells readers how he, as a boy, pondered
over difficult hypothetical scenarios such as this: "If
you were up to your neck in a vat of cat vomit and somebody threw
a pile of dog poop on your face, would you duck?"
One may relish Dershowtiz's
for his wits, but only to wonder at the unlawful things he permits.
Ali Khan is a professor at Washburn University
School of Law in Kansas. His book A Theory of International
Terrorism will be published in 2005. He can be reached at:
ali.khan@washburn.edu
Weekend
Edition Features for September 18 / 19, 2004
Alexander Cockburn
Forgeries,
Fingerprints and Forensic Fakery
Jeffrey St. Clair
High Plains Grifter: Bush's Mask of Anarchy
Patrick Cockburn
Into the Abyss: the Week Iraq's Dream of Peace Fell Apart
Fred Gardner
Pot Shots: Financial Torture (Asset Forfeiture)
Joe Allen
The Comrades Kerry Abandoned: the Real Story of Vietnam Vets
Against the War
George Corsetti
Poletown Revisited: Finally, Some Vindication
Scott Handleman
The Knock-Knock of a Sledgehammer: Sequestered in Nablus
Richard Ward
Two Weeks in Beit Arabiya
Conn Hallinan
Ashcroft and Indonesia
Lori Smith
Health Care in America: And Then I Got Sick...
Dave Zirin
Hold the Booyah!: SportsCenter Out of the Middle East
John L. Hess
Rather Will Take the Heat, As Bush's War Deteriorates
Brian J. Foley
W is for Wimp: So Why do Manly Men Love Him?
Mickey Z.
Pat Tillman and Osama bin Laden: Odd Juxtapositions
Poets' Basement
Vest, Landau & Albert
Website of the Weekend
Eye on the NYTs
/
|