In a special interview with Israel Hayom conducted ahead of the UN “Two-State Conference” that advances recognition of a Palestinian state, Professor Alan Dershowitz, one of the United States’ foremost legal scholars, strongly criticized the recognition initiative at the upcoming assembly. He said the countries involved are rewarding October 7, encouraging terror, and doing so not out of concern for the Palestinians but for internal political interests. Earlier today Canada, Britain and Australia announced official recognition of a Palestinian state.
Dershowitz, who for years has been regarded as one of the leading legal voices on the international stage, warned about the phenomenon called “lawfare,” but put it in proper perspective. “TThe risks are serious, but not serious like a military defeat. Israel must win every battle on the battlefield. We will deal with lawfare, we will fight it, and we will win ultimately in courts that are fair,” he emphasized.
“Like an African American in Mississippi in the 1950s”
At the same time, he said, “There are courts that are unfair. We will not win in the UN. We may or may not win in the ICC. We will win in the American courts. We will lose in the British courts. To be Israel in an international court today is like to be an African American in a court in Mississippi in the 1930s, 40s or 50s. The appearance of justice existed, but the reality of justice was gone a long time ago.”
When asked about the motives of countries such as Canada and Australia in recognizing a Palestinian state, Dershowitz replied sharply: these are “Purely domestic political motives. We see the Muslim vote going up in these countries, the pro-Israel vote going down. Politicians just lick their finger, put it up in the air and say, why support Israel?'”
Blame on the Jewish community
He said part of the responsibility rests squarely with the Jewish community in the West: “A lot of the blame is on Jewish leadership, the Jewish community, young Jews who abandoned Israel. Young Muslims have not abandoned their cause. If you are an unprincipled politician – which is almost a synonym for politician – you will tend to move away from Israel and support anti-Israel legislation.”
Dershowitz expanded his criticism of the younger generation: “The left has become dominant in universities. The faculty indoctrinate the young. The media is anti-Israel. The social media is anti-Israel. Young people can be very stupid and very bigoted. Let’s remember who put Hitler in power. Let’s remember who put Stalin in power. Let’s remember who put Castro in power, who put Pol Pot in power. Some of the worst dictators in the world have had the support of young people. Young Nazis marched then, today they are pro-Hamas. Yesterday they were pro-Nazi, but they’re the same useful idiots who think they know everything.”
“Canada was the worst during the Holocaust”
Regarding the possible consequences of UN recognition of a Palestinian state, Dershowitz said: “It’s largely symbolic, but also dangerous. The difference is this time members of the Security Council like France and England will vote for a state. Canada was probably the worst country in the world when it came to not accepting Jews during the Holocaust. Today it’s a popular country, but its positions on Israel are terrible. Ireland is worse, but Canada is quickly becoming second. The difference is Canada is first in hypocrisy. Ireland isn’t hypocritical. It’s just bigoted.”
Asked whether such recognition would reward Hamas and encourage violence, he replied: “Yes. It will encourage violence. And it will also make it harder in fact to create a Palestinian state, because Israel may respond by annexing the West Bank. These virtue-panderings may backfire and make it harder to have a real state. A Palestinian state will come into being if Hamas lays down its arms, releases the hostages, recognizes Israel as the nation state of the Jewish people. None of that has happened. Therefore there will not be a Palestinian state at this time.”
“They are currying favor based on internal voting patterns”
At a key point in the conversation, Dershowitz was asked what he would say if given the right to speak at the UN assembly to the heads of state who declared their intention to recognize a Palestinian state. His answer was sharp: “I would tell them they are encouraging terrorism, they are rewarding October 7, they are making it harder for Palestinians themselves to create a state, they are not helping any Palestinians, they are just pandering to their domestic constituencies, and it’s a disgrace and a shame.”
Dershowitz added: “To be a state you have to earn it, you have to develop institutions. Zionism was about state-building, Palestinianism is about state-destroying. The goal of most Palestinians is not to create a state of their own but to destroy the state of Israel.”
Carney, Albanese and Starmer. None
Harsh criticism of international courts
Dershowitz has no illusions about proceedings at the International Court of Justice and the International Criminal Court: “The ICJ is a farce. It’s not international, it’s not a court, it’s not justice. Any institution connected to the UN is a farce. The ICC has also lost all credibility. Khan, who is a sex offender, I had a deal with him and his assistant to come to Israel and to conduct an investigation before issuing arrest warrants. The minute the sex charges against him became public, he cancelled his trip to Israel and issued arrest warrants just to protect himself. That was essentially criminal. As long as he is the prosecutor, the court has no credibility.”
He said the practical consequences of the two bodies differ: “The ICJ has no power. The United States will veto its recommendations in the Security Council. The ICC is more dangerous because there are countries that will enforce arrest warrants. If Netanyahu’s plane is diverted to Ireland, he will be arrested. That could create a serious confrontation, and Israel will do everything to free him, including, if necessary, by military force.”
Dershowitz even calls on Israel to take measures against countries that took diplomatic steps against it: “Israel should focus on the worst first. Israel should cut off relations with Ireland, boycott Ireland, and send a message to other countries. There has to be counter-boycotts. If you boycott Israel, you should be boycotted.”
Path to the future
And what could a real future for Israel and the Palestinians be based on? “First of all – the end of Hamas, the destruction of its military and political capability, a technocratic government in Gaza, Palestinian recognition of Israel as the nation state of the Jewish people, then negotiations over borders. The Palestinians were offered a state in 1937, 1948, 1967, 2000, 2001, 2007, and they can still have one if they do the right thing. But right now they are moving further away from any possibility of that,” Dershowitz clarified.
Despite the challenges, on the occasion of the Jewish New Year Dershowitz sends a personal message: “It’s important for Israelis and Jews to emphasize what unites them and to come together against the hatred we saw on October 7. It’s time to unite around existential issues. I wish everybody a Shana Tova, an easy fast, and for real peace to come to the region, but only through strength. Remember also what the psalmist said, HaShem Oz L’Amo Yitayn. God will give the Jewish people strength, and only then… only will the Jewish people get peace through strength. So Chazak V’Amatz.”
