A letter to John Dugard: Time to recognize Hamas's violations of int'l law - opinion

John, it is now just over 50 years since we were both engaged in writing books dealing with international law – namely, the South West Africa cases [Ethiopia v. South Africa; Liberia v. South Africa]. If ever an issue engaged the International Court of Justice (ICJ), it was that of South West Africa, on which the court issued three advisory opinions and two contentious decisions spread out over 20 years. In 1966, it finally rejected the cases of the two South West African nations against South Africa, via the deciding vote of the president of the ICJ. 

Both our books enjoyed outstanding reviews in international law and political science journals. In stark contrast with your background in international law, your commentary on the subject of Israel astonishes me now, in particular regarding the events of October 7, 2023. 

History is full of events saturated with vicious and evil crimes considered inhuman even before the formal arrival of institutions of international law. Nonetheless, the savagery and barbarism of those who planned and perpetrated the October 7 attack on Israel have not been seen since the Nazis’ behavior during World War II – and clearly constitute terrorism of the worst order. The acts of murder and rape, the taking of men, women, and children as hostages, and their retention for over 11 months constitute extreme violations of international law.

The latest shocking Hamas atrocity of murdering six innocent hostages in cold blood is symbolic of Hamas’s total disregard for international law. 

Yet, from the information that we have received, your condemnation of all this barbarous conduct has been extremely subdued in comparison to your condemnation of Israel. You seem to have switched the victim for the aggressor and the aggressor for the victim. Much of your current commentary is devoted to comparing Israel to South Africa’s former apartheid regime. I quote: “Racism in Israel has reached a level I have never seen in South Africa,” and “Only Israel is worse than South Africa.” 

Yet, I taught at the Hebrew University for over 30 years and had Arab students along with Jewish students in my classes. 

Visit Hadassah Hospital and you will see countless Arabs receiving exactly the same medical treatment as Jewish patients; you will see Arab doctors, nurses, and other officials. Israeli Arabs enjoy representation in the Knesset and local government and have participated in Israeli coalition governments as equals.

There are Arab judges throughout the judicial system, including in Israel’s Supreme Court, where they have participated in the most crucial cases. The recent rescue of hostage Qaid Farhan Alkadi, a Muslim Arab, was a cause for much celebration throughout Israel. 

This is not apartheid

All this, dear John, is not apartheid. 

One does not need to turn to the provisions of international law to know that Israel is a democracy for all its citizens, and, in fact, the only democracy in the Middle East. 

Anyone attempting to charge Israel with apartheid is simply engaged in slander. 

I am sure you are familiar with ancient history and do not attempt to deny, as some Arab leaders do, that there was a Temple in Jerusalem; that kings David and Solomon lived and ruled there; and that the prophets predicted the return of Jewish sovereignty to its ancient homeland. 

However, you appear to be ignoring something fundamental – Israel’s right to self-defense. The Jewish state has been the target of war and aggression since its birth in 1948, with Arabs waging at least four wars against it with the aim of destroying it. 

Under international law, Israel is entitled to defend itself. Your attempt to twist it all around and charge Israel with genocide is simply unfounded. 

John, as a long-standing student of international law, it is astonishing that you have lost your way. It is time you stop endorsing Nazi-like genocide and recognize that Israel has been the victim of brutal aggression, which it is entitled to combat and defeat. 

Israel has repeatedly offered to make peace with the Palestinians, to compromise with them, and to back their right to self-determination – as long as they agree to acknowledge Israel’s existence and live in peace. Yet, time and again, none of Israel’s efforts, from 1948 to the present, have been successful. 

The Palestinians are, today, intent on abolishing the Jewish state and replacing it with a Palestinian one. And while the saying goes, “It takes two to make peace,” when one party has never even conceded the existence of the other, there is little room for compromise and concession. 

I think it is time to be candid with yourself and the world and recognize that Hamas has consistently violated international law – while Israel has sought to act in accordance with its principles. 

John, it is not too late for you, as an authority on international law, to seek to promote the principles of that code regarding Hamas while there is still time.

The writer is a James G. McDonald professor of American history, emeritus, and former chairman of the Department of American Studies at The Hebrew University of Jerusalem.