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" "Dershowitz does not engage the debate in this country about Israel on the factual, legal, moral, and humanitarian merits because he knows that his client is "guilty" of violating international law in its occupation of the Palestinian territories
Alan Dershowitz (born September 1, 1938) is an American lawyer and former law professor known for his work in U.S. constitutional law and American criminal law. From 1964 to 2013, he taught at Harvard Law School, where he was appointed as the Felix Frankfurter Professor of Law in 1993. Dershowitz is a regular media contributor, political commentator, and legal analyst, and has worked on a number of high-profile legal cases.
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If those who are asked to go home after 11:00 P.M. willingly do so, there is no constitutional violation. The conflict occurs precisely because some individuals refuse to consent. It is their rights that come into conflict with the interests of the majority. It is no answer to say they consented, unless we accept the proposition—rejected by all rights theories—that a majority can consent for an unwilling minority.
Here is my proposal. Israel should announce an immediate unilateral cessation in retaliation against terrorist attacks. This moratorium would be in effect for a short period, say four or five days, to give the Palestinian leadership an opportunity to respond to the new policy. It would also make it clear to the world that Israel is taking an important step in ending what has become a cycle of violence. Following the end of the moratorium, Israel would institute the following new policy if Palestinian terrorism were to resume. It will announce precisely what it will do in response to the next act of terrorism. For example, it could announce the first act of terrorism following the moratorium will result in the destruction of a small village which has been used as a base for terrorist operations. The residents would be given 24 hours to leave, and then troops will come in and bulldoze all of the buildings.