The American Studies Association has just issued its first ever call for an academic boycott. No, it wasn’t against China, which imprisons dissenting academics. It wasn’t against Iran which executes dissenting academics. It wasn’t against Russia whose universities fire dissenting academics. It wasn’t against Cuba whose universities have no dissenting academics. It wasn’t against Saudi Arabia, whose academic institutions refuse to hire women, gay or Christian academics. Nor was it against the Palestinian Authority, whose colleges refuse to allow open discourse regarding the Israeli-Palestinian conflict. No, it was against only academic institutions in the Jewish State of Israel, whose universities have affirmative action programs for Palestinian students and who boast a higher level of academic freedom than almost any country in the world.
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When the association was considering this boycott I issued a challenge to its members, many of whom are historians. I asked them to name a single country in the history of the world faced with threats comparable to those Israel faces that has had a better record of human rights, a higher degree of compliance with the rule of law, a more demanding judiciary, more concern for the lives of enemy civilians, or more freedom to criticize the government, than the State of Israel.
Not a single member of the association came up with a name of a single country. That is because there are none. Israel is not perfect, but neither is any other country, and Israel is far better than most. If an academic group chooses to engage in the unacademic exercise of boycotting the academic institutions of another country, it should do it in order of the seriousness of the human rights violations and of the inability of those within the country to seek redress against those violations.
By these standards, Israeli academic institutions should be among the last to be boycotted.
I myself disagree with Israel’s settlement policy and have long urged an end to the occupation. But Israel offered to end the occupation twice in the last 13 years. They did so in 2000-2001 when Prime Minister Ehud Barak offered the Palestinians a state on approximately 95% of the occupied territories. Then it did so again in 2008 when former Prime Minister Ehud Olmert offered an even more generous deal. The Palestinians accepted neither offer and certainly share the blame for the continuing occupation. Efforts are apparently underway once again to try to end the occupation, as peace talks continue. The Palestinian Authority's President Mahmoud Abbas himself opposes academic boycotts of Israeli institutions.
China occupies Tibet, Russia occupies Chechnya and several other countries occupy Kurdish lands. In those cases no offers have been made to end the occupation. Yet no boycotts have been directed against the academic institutions of those occupying countries.
When the President of the American Studies Association, Curtis Marez, an associate professor of ethnic studies at The University of California, was advised that many nations, including all of Israel’s neighbors, behave far worse than Israel, he responded, “One has to start somewhere.” This boycott, however, has not only started with Israel. It will end with Israel. Marez’s absurd comment reminds me of the bigoted response made by Harvard’s notorious anti-Semitic president A. Laurence Lowell, when he imposed anti-Jewish quotas near the beginning of the twentieth century. When asked why he singled out Jews for quotas, he replied, “Jews cheat.” When the great Judge Learned Hand reminded him that Christians cheat too, Lowell responded, “You’re changing the subject. We are talking about Jews now.”
You would think that historians and others who belong to the American Studies Association would understand that in light of the history of discrimination against Jews, you can’t just pick the Jewish State and Jewish universities as the place to “start” and stop.
The American Studies Association claims that it is not boycotting individual Israeli professors, but only the universities at which they teach. That is a nonsensical word game, since no self-respecting Israeli professor would associate with an organization that singled out Israeli colleges and universities for a boycott. Indeed, no self-respecting American professor should in any way support the bigoted actions of this association.
Several years ago, when a similar boycott was being considered, a group of American academics circulated a counter-petition drafted by Nobel Prize Physicist Steven Weinberg and I that read as follows:
"We are academics, scholars, researchers and professionals of differing religious and political perspectives. We all agree that singling out Israelis for an academic boycott is wrong. To show our solidarity with our Israeli academics in this matter, we, the undersigned, hereby declare ourselves to be Israeli academics for purposes of any academic boycott. We will regard ourselves as Israeli academics and decline to participate in any activity from which Israeli academics are excluded. "
More than 10,000 academics signed this petition including many Nobel Prize winners, presidents of universities and leading scholars from around the world.
Shame on those members of the American Studies Association for singling out the Jew among nations. Shame on them for applying a double standard to Jewish universities. Israeli academic institutions are strong enough to survive this exercise in bigotry. The real question is will this association survive its complicity with the oldest and most enduring prejudice?
Alan M. Dershowitz, the Felix Frankfurter Professor of Law at Harvard, is a practicing criminal and constitutional lawyer and the author, most recently, of The Trials of Zion. His autobiography, “Taking the Stand: My Life in the Law”, was published in October 2013.