As a strong supporter of the two state solution and a critic of Israel’s settlement policies, I am particularly appalled at efforts to impose divestment, boycotts and sanctions against Israel, and Israel alone, because BDS makes it more difficult to achieve a peaceful resolution of the Mid-East conflict that requires compromise on all sides.



The BDS movement is highly immoral, threatens the peace process and discourages the Palestinians from agreeing to any reasonable peace offer. Here are ten compelling reasons why the BDS movement is immoral and incompatible with current efforts to arrive at a compromise peace.



1. The BDS movement immorally imposes the entire blame for the continuing Israeli occupation and settlement policy on the Israelis.

It refuses to acknowledge the historical reality that on at least three occasions, Israel offered to end the occupation and on all three occasions, the Palestinian leadership, supported by its people, refused to accept these offers. In 1967, I played a small role in drafting UN Security Council Resolution 242 that set out the formula for ending the occupation in exchange for recognition of Israel’s right to exist in peace. Israel accepted that resolution, while the Palestinians, along with all the Arab nations, gathered in Khartoum and issued their three famous “nos”: No peace, no negotiation, no recognition. There were no efforts to boycott, sanction or divest from these Arab naysayers. In 2000-2001, Israel’s liberal Prime Minister Ehud Barak, along with American President Bill Clinton, offered the Palestinians statehood, and the end of the occupation. Yasser Arafat rejected this offer—a rejection that many Arab leaders considered a crime against the Palestinian people. In 2007, Israel’s Prime Minister Ehud Olmert offered the Palestinians an even better deal, an offer to which they failed to respond. There were no BDS threats against those who rejected Israel’s peace offers. Now there are ongoing peace negotiations in which both parties are making offers and imposing conditions. Under these circumstances, it is immoral to impose blame only on Israel and to direct a BDS movement only against the nation state of the Jewish people, that has thrice offered to end the occupation in exchange for peace.



2. The current BDS movement, especially in Europe and on some American university campuses, emboldens the Palestinians to reject compromise solutions to the conflict.

Some within the Palestinian leadership have told me that the longer they hold out against making peace, the more powerful will be the BDS movement against Israel. Why not wait until BDS strengthens their bargaining position so that they won’t have to compromise by giving up the right of return, by agreeing to a demilitarized state and by making other concessions that are necessary to peace but difficult for some Palestinians to accept? The BDS movement is making a peaceful resolution harder.



3. The BDS movement is immoral because its leaders will never be satisfied with the kind of two state solution that is acceptable to Israel.

Many of its leaders do not believe in the concept of Israel as the nation state of the Jewish people. (The major leader of the BDS movement, Omar Barghouti, has repeatedly expressed his opposition to Israel’s right to exist as the nation state of the Jewish people even within the 1967 borders.) At bottom, therefore, the leadership of the BDS movement is opposed not only to Israel’s occupation and settlement policy but to its very existence.

4. The BDS movement is immoral because it violates the core principle of human rights: namely, “the worst first.”

Israel is among the freest and most democratic nations in the world. It is certainly the freest and most democratic nation in the Middle East. Its Arab citizens enjoy more rights than Arabs anywhere else in the world. They serve in the Knesset, in the judiciary, in the foreign service, in the academy and in business. They are free to criticize Israel and to support its enemies. Israeli universities are hotbeds of anti-Israel rhetoric, advocacy and even teaching. Israel has a superb record on women’s rights, gay rights, environmental rights and other rights that barely exist in most parts of the world. Moreover, Israel’s record of avoiding civilian casualties, while fighting enemies who hide their soldiers among civilians, is unparalleled in the world today. The situation on the West Bank is obviously different because of the occupation, but even the Arabs of Ramallah, Bethlehem and Tulkarm have more human and political rights than the vast majority of Arabs in the world today. Moreover, anyone—Jew, Muslim or

Christian—dissatisfied with Israeli actions can express that dissatisfaction in the courts, and in the media, both at home and abroad. That freedom does not exist in any Arab country, nor in many non-Arab countries. Yet Israel is the only country in the world today being threatened with BDS. When a sanction is directed against only a state with one of the best records of human rights, and that nation happens to be the state of the Jewish people, the suspicion of bigotry must be considered.

5. The BDS movement is immoral because it would hurt the wrong people.

It would hurt Palestinian workers who will lose their jobs if economic sanctions are directed against firms that employ them. It would hurt artists and academics, many of whom are the strongest voices for peace and an end to the occupation. It would hurt those suffering from illnesses all around the world who would be helped by Israeli medicine and the collaboration between Israeli scientists and other scientists. It would hurt the high tech industry around the world because Israel contributes disproportionally to the development of such life enhancing technology.

6. The BDS movement is immoral because it would encourage Iran—the world’s leading facilitator of international terrorism—to unleash its surrogates, such as Hezbollah and Hamas, against Israel, in the expectation that if Israel were to respond to rocket attacks, the pressure for BDS against Israel would increase, as it did when Israel responded to thousands of rockets from Gaza in 2008-2009.

7. The BDS movement is immoral because it focuses the world’s attention away from far greater injustices, including genocide.

By focusing disproportionately on Israel, the human rights community pays disproportionately less attention to the other occupations, such as those by China, Russia and Turkey, and to other humanitarian disasters such as that occurring in Syria.

8. The BDS movement is immoral because it promotes false views regarding the nation state of the Jewish people, exaggerates its flaws and thereby promotes a new variation on the world’s oldest prejudice, namely anti-Semitism.

It is not surprising therefore that the BDS movement is featured on neo-Nazi, Holocaust denial and other overtly anti-Semitic websites and is promoted by some of the world’s most notorious haters such as David Duke.

9. The BDS movement is immoral because it reflects and encourages a double standard of judgment and response regarding human rights violations.

By demanding more of Israel, the nation state of the Jewish people, it expects less of other states, people, cultures and religions, thereby reifying a form of colonial racism and reverse bigotry that hurts the victims of human rights violations inflicted by others.

10. The BDS movement will never achieve its goals.

Neither the Israeli government nor the Israeli people will ever capitulate to the extortionate means implicit in BDS. They will not and should not make important decisions regarding national security and the safety of their citizens on the basis of immoral threats. Moreover, were Israel to compromise its security in the face of such threats, the result would be more wars, more death and more suffering.



All decent people who seek peace in the Middle East should join together in opposing the immoral BDS movement. Use your moral voices to demand that both the Israeli government and the Palestinian Authority accept a compromise peace that assures the security of Israel and the viability of a peaceful and democratic Palestinian state. The way forward is not by immoral extortionate threats that do more harm than good, but rather by negotiations, compromise and good will.

The author is the Felix Frankfurter Professor of Law at Harvard, a practicing criminal and constitutional lawyer and the author, most recently, of “Taking the Stand: My Life in the Law.”

