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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures."
-- Daniel Webster
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Monday, November 25, 2002 :::
Rod Dreher recently wrote about a complaint brought to the Massachusetts bar by CAIR against Alan Dershowitz for his suggesting that Israel adopt a policy of razing Palestinian villages in response to suicide attacks. (Link from Team Volokh.)
The complaint says that Dershowitz's op-ed calls for the violation of Article 33 of the Fourth Geneva Convention, which states: "No protected person may be punished for an offense he or she has not personally committed," and "collective penalties and likewise all measures of intimidation or of terrorism are prohibited." Because the United States is a signatory to the Geneva treaty, it has the force of U.S. law, the Islamic group says. Thus, if Dershowitz's views violate the Geneva Convention, the argument goes, they violate U.S. law, and therefore the Massachusetts Bar's rules of professional conduct.
The first, obvious point to make here is that, even if the policy would violate the Geneva Convention (which is in dispute), suggesting the policy does not violate the Geneva Convention. There's a substantial difference between doing something and bringing it up as a possibility. Dreher's article goes further into this (and, if you'll allow some more shameless name-dropping, quotes Harvey Silverglate, who supported my last city council campaign).
My other reaction to reading this passage is to wonder why this doesn't apply to asset forfeiture laws which have not only been proposed, but are on the books and enforced.
::: posted by Steven at 9:38 AM
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