WarSclerotic

Alan Dershowitz: Warning Iran Against Hitting ‘Soft’ American Targets – WSJ.com.

The Obama administration should deem an attack on a synagogue or embassy as tantamount to a military attack on the U.S.

By ALAN M. DERSHOWITZ

The Iranian government has now made crystal clear that it is at war not only with Israel and Zionism but with Jewish communities throughout the world. As Iran’s Rafah news website—identified with President Mahmoud Ahmadinejad—threatened last month, Iran plans to “take the war beyond the borders of Iran, and beyond the borders of the region.” And last week an Iranian News Agency headline declared that “Israeli people must be annihilated.”

These and other recent threats have, according to news reports, led Israeli and American authorities to believe that Iran is preparing attacks against Israeli embassies and consulates world-wide, as well as against Jewish houses of prayer, schools, community centers, restaurants and other soft targets.

If this were to happen, it would not be the first time that Iranian agents have bombed or attacked Israeli and Jewish targets in distant countries. Back in 1992, Iranian agents blew up the Israeli Embassy and a Jewish community center in Buenos Aires, killing and injuring hundreds of civilians, many of whom were children. The Argentine government conducted a thorough criminal investigation and indicted several Iranian officials, but those officials were well beyond the reach of Argentine legal authorities and remain at liberty.

The U.S. government should deem any Iranian attack against Israeli or Jewish soft targets in America to be an armed military attack on the U.S.—to which the U.S. will retaliate militarily at a time and place of its choosing. Washington should not treat such an attack as the Argentine authorities did, merely as a criminal act.

Under international law, an attack on an embassy is an attack both on the embassy’s country and on the country in which the embassy is located. And under the charter of the United Nations, an attack against a nation’s citizens on its territory is an act of armed aggression that justifies retaliatory military action.

An attack on an American synagogue is no different than an attack on the World Trade Center or on American aviation. We correctly regarded those attacks as acts of war committed by al Qaeda and facilitated by the government of Afghanistan, and we responded militarily. All American citizens, regardless of their religious affiliation, are equally entitled to the protection of the American military.

U.S. retaliation could take the form of military action against Iran’s nuclear facilities. Though such action might be pre-emptive in its intention, it would be reactive as a matter of international law, since it would be in response to an armed attack by Iran. It wouldn’t require Security Council approval, since Article 51 of the U.N. Charter explicitly preserves the right of member nations to respond to any armed attack.

This is not to argue against such an attack if Iran decides not to go after soft American targets. It may become necessary for our military to target Iranian nuclear facilities if economic sanctions and diplomatic efforts do not succeed and if the Iranian government decides to cross red lines by militarizing its nuclear program and placing it in deep underground bunkers. But the legal justification for such an attack would be somewhat different. It would be predominantly pre-emptive or preventive, though it would have reactive elements as well, since Iran has armed our enemies in Iraq and caused the death of many American soldiers.

If Israel were compelled to act alone against Iran’s nuclear program, it too would be reacting as well as pre-empting, since Iran has effectively declared war against the Jewish state and its people. Hezbollah leader Hassan Nasrallah recently confirmed Iran’s role as Hezbollah’s active partner in its war against Israel, claiming that it “could not have been victorious” in its 2006 war without the military support of Tehran. Iran’s ongoing support for Hezbollah and Hamas, coupled with its direct participation in the bombing of the Israeli Embassy in Buenos Aires, constitute sufficient casus belli to justify a reactive Israeli military strike against the Iranian nuclear program.

The best outcome, of course, would be to deter Iran from both foreign aggression and domestic nuclearization by making the costs too high, even for the most zealous or adventurous Iranian leaders. But for deterrence to succeed, where sanctions and other tactics appear to be failing, the threat of military action must be credible. Right now it is not, because Defense Secretary Leon Panetta and other administration officials are sending mixed signals, not only with regard to the U.S. but also with regard to Israel.

The administration must speak with an unambiguous and credible voice that leaves no doubt in the minds of Iranian leaders that America won’t tolerate attacks on our citizens or a nuclear-armed Iran. As George Washington wisely counseled in his second inaugural address, “To be prepared for war is one of the most effectual means of preserving peace.”

Mr. Dershowitz is a law professor at Harvard. His latest book is “Trials of Zion” (Grand Central Publishing, 2010).

This entry was posted on February 13, 2012 at 7:10 AM and is filed under Uncategorized. You can subscribe via RSS 2.0 feed to this post's comments. You can comment below, or link to this permanent URL from your own site.