In difficult times, you need friends. The Legal Friends of the Hebrew University in London, and your many friends elsewhere in the world, have been thinking about you a great deal during recent months. As your President, Professor Magidor, wrote in his moving letter on 31 July, this university symbolizes the values of pluralism and tolerance. You exemplify the spirit of Israel, with your deep historical roots and your encouragement of open debate about the future. It is a great pleasure to be invited to address you today as the Lionel Cohen Lecturer.
My subject concerns the very limits of pluralism and tolerance: the application of human rights in an age of terrorism. When dealing with enemies, politicians need to be tough. In the latest volume of his compelling biography of Lyndon B. Johnson, Robert A. Caro describes the future American president's explanation to his mother in 1956 of why he did not think much of the chances in the presidential election that year of the Democratic Party candidate, Adlai Stevenson: “He's a nice fellow, Mother, but he won't make it ‘cause he's got too much lace on his drawers.”
The threat posed by terrorist enemies understandably provokes politicians to be tough. But how should judges respond when asked to rule on whether a state can afford to grant human rights to those who seek to destroy its very existence? Or, to put it another way, equally tendentious, should judges accept that the State cannot afford to deny human rights to such people if it is to maintain the values which make our society worth defending?