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Edited on Sat Aug-30-03 10:06 AM by Jack Rabbit
My remarks had nothing to do with merits or demerits of Dershowitz' case against the UN (which I find faulty, but I digress).
Dershowitz believes that it is necessary to defend the likes of Simpson and von Bulow (personally, I believe both were guilty as charged) because if the system is not there even for those against whom there is overwhelming evidence of guilt then it will not be there for those who really are wrongfully accused. I agree with Dershowitz, at least insofar as he states this case. However, I would be more impressed if instead of defending wealthy thugs he were to defend some anonymous inner-city youth accused of a crime. It is for that kind of defendedant that the system is absent.
The system that Dershowitz champions purports to be democratic. If it were, the system would indeed be there for all accused. Yet the fact is that Simpson and von Bulow can afford the services of an attorney like Dershowitz and the inner-city youth cannot. As a result, a wealthy person charged with murder and with mountains of evidence to support the charge is less likely to be convicted then the inner-city youth, even if the evidence against him is less convincing than it was against Simpson and von Bulow. The system is there for those who can afford to purshase it and not for others. Held up agaisnt any truly democratic ideals, the system is corrupt. Dershowitz, in allowing his services to be purchased by the highest bidder, is part of the corruption.
Now let's try to tie this to the subject at hand.
Dershoitz is right to point out that there is something corrupt in the the present international system that takes up the Palestinian cause but does little or nothing for other national groups, such as TIbetans and Kurds.
It is interesting that Dershowitz faults the UN for taking up the cause of Palestinian statehood while he regards Palestinians having "invented and perfected modern international terrorism". Are the Palestinian people as a whole less worthy of statehood because their leaders adopted bloody and often revolting tactics in their fight for independence? Is there to be no system for the Palestinian people? Are they to be condemned to perennial occupation? Dershowitz complains that the system isn't there for other groups seeking sovereigty. However, would he say that for this reason it should not be there for the Palestinians?
If he does believe that, perhaps he would like to argue that because the system is not there for inner-city youth accused of crime that it should not be there for Simpson or von Bulow. Of course, he doesn't argue that.
The real solution to the moral dilemma that Dershowitz examines is not for the UN to abandon the Palestinians, but to take up the cause of other groups such as Tibetans, Kurds and Basques (who also employ terrorist tactics and whom Dershowitz did not name). Of course, the UN should also do something for the Iraqi people, whose rights it has done an abysmal job of protecting in recent weeks.
The fact that the international system, imperfect as it is, does more for the Palestinians than for Tibetans or Kurds is no reason to abandon the system any more than the fact that the American system of justice works for O. J. Simpson and Klaus von Bulow but not for countless poor people accused of crimes is a reason to abandon it. The fact that Palestinians have adopted violent tactics that often target innocent people is no reason to dismiss their national aspirations out of hand and, again, abandon the international framework any more than the fact that the victims of Simpson and von Bulow were denied justice is a reason to either deny them the right to a fair trial or to cast aside a system that seeks to assure a fair trial for all accused of a crime.
What points Dershowitz makes should be used to advocate using the system to a greater rather than a lesser degree. On in that way can the system be purged of its corruption.
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