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Separate Powers

Dry Bones

THE INSANE VIOLENCE

T

wo countries, two courts, one principle of
democracy.
That was what the highest courts of the
United States and of Israel demonstrated last week.
In both cases, they gave the lie to the Muslim
world's assertions that the West stacks the cards of
justice against Arabs.
In Israel, the High Court of Justice ordered the
army to reroute three quarters of the security barrier
it is building near Jerusalem to minimize hardships
on the Palestinians who live in the area. "The route
that the military commander established for the
security fence," the court said, "injures the local
inhabitants in a severe and acute way while violating
their rights under humanitarian and inter-
national law."
In the United States, the Supreme Court
told the Bush administration that the
open-ended detention the president wanted for.
those he had declared "enemy combatants" was
unconstitutional and that the prisoners were entitled
to challenge their detention before a judge or other
"neutral decision-maker." "A state of war is not a
blank check for the president," the court said.
In both cases, the courts sided with the human
rights interests of Muslims, saying those rights had
to be protected — even if doing so could increase
security problems for Israeli or American citizens.
The most unusual fact about the two decisions is
that they are what we expect in a democratic society,
even one that is waging a war against terrorists who
respect no law save their own interpretation of reli-
gious doctrine. Just two weeks earlier, for example, a
municipal court in Israel fined a soccer fan who had
been shouting "Kill the Arabs." In the Arab world,
chants of "Kill the Jews" are encouraged rather than
deemed unacceptable.

POSITIVE
THINKING

A MASSIVE MOSLEM

It is worth noting that the
OF ISLAMIC TERRORISTS
BACKLASH AGAINST THE
International Court of Justice in
WILL LEAD TO .
"CRAZIES" .. .
the Hague is due to issue an advi-
sory ruling next week that is widely
expected to be critical of Israel's
security barrier. You can agree or
disagree with that view; the point
is that the curbs on the military
plan were laid down by Israel's own
justices and that the Sharon gov-
ernment is prepared to obey the
Israeli court.
Similarly in the U.S. case, you
can question the propriety of hav-
ing an American citizen,
Yaser Esam Hamdi,
locked up for two years
THE
on the strength of a nine-
WAS
WHICH WILL' GIVE BIRTH
paragraph statement filed by a
OFA
TO A NEW AND PEACEFUL
Pentagon official. The point is that
IRRATIONAL OPTIMISTS
ISLAM OF LOVE AND
when he finally got the issue before
SOCIETY
TOLERANCE,/
the Supreme Court, it ruled that
he is entitled to challenge the gov-
ernment's evidence and the Bush
administration has no choice but
to obey the court.
Even in times of war, when ene-
mies are seeking to destroy the
society itself, "we must preserve
our commitment at home to the
principles for which we fight
abroad," the court wisely noted.
"Essential constitutional promises
may not be eroded."
If the United States and Israel are to prevail in
and judgment, for checks on even the best-intend-
the fight against Muslim terrorists, their greatest
ed actions of the executive branch.: The courts
weapon will surely be the unquestioned public
deserve our thanks for remindingAis- of this essen-
support for this rule of law, for a balance of power
tial truth. ❑

EDIT ORIAL

The Unmet Challenge

S

o the United Nations held a conference on anti-
Semitism.
We can all breathe a little easier now, right?
The agency devoted all of one day to the subject
with its host U.N. Secretary-General Kofi Annan, who
should know something about anti-Semitism since he
has had a major role in institutionalizing bigotry
against Jews and Israel during his tenure.
For those who find a bit of cynicism in this view
because member nations should hear the anti anti-
Semitism message might be surprised to learn:
Member nations were not in the audience.
In an interview regarding the audience's composition
(about 600), a spokesman said those attending were
what he called representatives of "civic society" organi-
zations, i.e., groups that fight discrimination (such as

the Anti-Defamation League and their coun-
But while the conference itself did little to
terparts in the black, Muslim and other com-
boost one's optimism, we should be reinvigorat-
munities).
ed by a speech delivered at the conference by
In a nutshell, to use a cliche, the speakers
Anne Bayefsky, a senior fellow at the Hudson
were preaching to the choir. In the audience
Institute, a contributor to the Wall Street
were the last people who need to hear about
journal editorial page and an adjunct law pro-
the need to fight anti-Semitism or other types
fessor at Columbia University.
of bigotry. They are the very ones who devote
Pulling no punches, she was what one might
their lives to this battle.
describe as politically incorrect, particularly
BERL
How about the members of the United
since she was on U.N. turf.
FALBAUM
Nations, he was asked. You know, the ones
If you're skeptical, how's this:
Community
who have institutionalized anti-Semitism at
"The United Nations has become the leading
the U.N., the ones who walk out when Israel
Perspective
global purveyor of anti-Semitism, intolerance,
officials speak at meetings, the ones who par-
and inequality against the Jewish people and its
ticipated in vilifying Jews at the World Conference
state.
"Against Racism" in Durban in 2001?
Or consider:
Delegates of member countries attended," he
"U.N. actors and supporters remain almost uniform-
responded. "But not in their official capacities. They
ly in denial of the nature of the pathogen coursing
were guests."
through these halls. They ignore the infection and
How many? "I don't know" All very reassuring.
FALBAUM on page 28

))

"

Bed Falbaum is a former political reporter and a
Farmington Hills public relations executive who
teaches journalism part time at Wayne State
University in Detroit.

• 7/ 9
2004

27

