Rules of War Enable Terror

Rules of War Enable Terror - Alan M. Dershowitz (Baltimore Sun)
Summary by DAILY ALERT of the Conference of Presidents of Major American Jewish Organizations.

The Geneva Conventions are so outdated and are written so broadly that they have become a sword used by terrorists to kill civilians, rather than a shield to protect civilians from terrorists.

Terrorists who do not care about the laws of warfare target innocent noncombatants. Indeed, their goal is to maximize the number of deaths and injuries among vulnerable civilians. The terrorist leaders - who do not wear military uniforms - deliberately hide among noncombatants. They have also used ambulances, women pretending to be sick or pregnant, and even children as carriers of lethal explosives.

By employing these tactics, terrorists put the democracies to difficult choices: Either allow those who plan and coordinate terrorist attacks to escape justice and continue their victimization of civilians, or attack them in their enclaves, thereby risking death or injury to the civilians they are using as human shields.

Whenever a civilian is accidentally killed or an ambulance is held up at a checkpoint, the terrorist leaders, and those who support them, have exploited the post-World War II laws of warfare to condemn the democracies for violating the letter of the law. This only encourages more terrorism, since the terrorists receive a double benefit from their actions. First they benefit from killing "enemy" civilians. Second, they benefit from the condemnation heaped on their enemies. Human rights are thus being used to promote human wrongs.

Democracies must be legally empowered to attack terrorists who hide among civilians, so long as proportional force is employed. Civilians who are killed while being used as human shields by terrorists must be deemed the victims of the terrorists who have chosen to hide among them.