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Source: http://www.theglobeandmail.com/servlet/ArticleNews/TPPrint/LAC/20030916/CODERSH16/TPComment/
Should Israel Target Arafat?
(Toronto Globe & Mail) Alan Dershowitz - There can be absolutely no doubt of the legality of Israel's policy of targeting Hamas leaders. Hamas has declared war against Israel. All of its leaders are combatants, whether they wear military uniforms, suits, or religious garb. There is no realistic distinction between the political and military wings of Hamas, any more than there is a distinction between the political and military wings of al-Qaeda. The official policy of Hamas, like that of al-Qaeda, is the mass murder of civilians. The decision to employ that policy was made by its so-called "political" leaders. The U.S. properly targeted bin Laden and his associates, as well as Saddam Hussein and his sons. Under international law, combatants are appropriate military targets until they surrender. They may be killed in their sleep, while preparing military actions, or while participating in any other activity. They need not be arrested, or even given a chance to surrender. Only if they come out with their hands up, or waving a white flag, or affirmatively manifesting surrender by some other means, may they avoid the ultimate sanction of a war they started, namely death. Any democracy facing threats to its civilian population comparable to those faced by Israel would respond in much the same way Israel is now responding to the terrorism being conducted by Hamas and other terrorist groups.