Federal Judge Roy Altman has emerged as a prominent voice defending Israel's legitimacy through his recent book Israel on Trial, which systematically addresses common critiques of the Jewish state. The work evolved from lectures Altman delivered on campuses since October 7, 2023, countering arguments he identifies as central to modern delegitimization efforts.
Debunking Historical and Legal Myths
Altman dismantles six core claims: three challenging Israel's founding and three targeting its conduct. He rejects the label of Israel as a "settler colonial project," emphasizing archaeological evidence of Jewish indigeneity in the Land of Israel and documenting six instances where Jewish leaders agreed to a Palestinian state, only to be rejected by Arab counterparts. His analysis traces the region's history back to the Ottoman Empire and the subsequent League of Nations' Mandate for Palestine, also known as the British Mandate, which he argues establishes Israel's legal inheritance of borders under the doctrine of uti possidetis juris.
Altman notes a growing trend on the political right questioning Jewish historical ties to the land, including fringe theories popularized by figures like Tucker Carlson. He contrasts this with lesser-known history, such as the Arab ban on Jewish access to Hebron's Cave of the Patriarchs 800 years ago, and Napoleon's 19th-century proclamation recognizing Jews as the "rightful heirs of Palestine."
Mirroring Accusations and Identity Theft
The book's most original contribution is its "mirroring" thesis: Palestinian claims often echo Jewish experiences. Altman highlights how terms like "ghetto" (originally describing Jewish quarters in Europe) are now applied to Gaza, and how the declared "State of Palestine" mirrors Israel's own naming. He draws parallels to the Holocaust, arguing that accusations of genocide against Israel lack evidence of systematic extermination, instead conflating wartime civilian casualties with intentional mass murder.
Altman critiques the unique legal standard applied to Israel, particularly the notion of "occupation" without physical presence in Gaza post-2005. He argues that pre-2005 control over Gaza and the West Bank did not constitute occupation under international law, given their status under the British Mandate. This framework, he writes, explains anomalies like Jordan's borders or Syria's ethnic tensions.
The judge acknowledges that legal rebuttals may fail to sway public opinion. Just as Dreyfus's acquittal did not convince his accusers, sensational accusations against Israel often prioritize "creating a taint" over proving guilt. Altman's work, however, provides a roadmap for understanding the conflict's legal and historical dimensions amid escalating rhetoric on campuses and in media.
Eugene Kontorovich, a professor at George Mason University Scalia Law School and senior legal fellow at Advancing American Freedom, praises the book as "indispensable" for students navigating campus debates. Published by Advantage Books, Israel on Trial spans 304 pages and retails for $32.