Wednesday, June 5, 2024

Applying the Law of War to Israel, Hamas, and Hezbollah

Many of the rioters on college campuses and in public spaces appear to be mindless and faceless cowards who have been emboldened by the weak response to their illegal tactics; when they appear on camera they are incapable of coherently explaining exactly what they are protesting and what they are trying to achieve. They are mindless because they chant "From the River to the Sea" even though many of them could not find Gaza on a map; they are faceless because they choose to wear masks to hide their identities, in contrast to legitimate protesters who proudly show their faces. Dr. Martin Luther King, Jr. had a famous and glorious dream: "I have a dream that one day this nation will rise up and live out the true meaning of its creed: We hold these truths to be self-evident, that all men are created equal." In contrast, these rioters are working to create a living nightmare world in which Hamas is glorified and Jews are demonized. They hide their faces to avoid being held accountable for their actions until they can eliminate anyone who opposes their fanatical goals.

However, it should be noted that some of Israel's slightly more sophisticated enemies have specific talking points, including the false allegation that Israel is committing war crimes. Upon close examination of that false allegation, it becomes evident that anyone who believes that has no formal legal training, and no foundational understanding of the relevant principles of international law regarding what is permissible during a war.

Professor Louis Rene Beres is a scholar of international law, and he often uses the phrase "International law is not a suicide pact," an apt description of Israel's legally protected self-defense rights.

In a May 30, 2024 article in The Wall Street Journal titled "Israel, Hamas, and the Law of War," attorneys David B. Rivkin, Jr. and Lee A. Casey--both of whom worked at the Justice Department and the White House Counsel's Office--discuss at length the proper application of international law to Israel's wartime conduct in Gaza. In particular, they focus on the principles of distinction and proportionality, noting that international law forbids a country from intentionally targeting civilians and from making attacks resulting in civilian deaths and damage to civilian property that are disproportionate to "the concrete and direct military advantage expected to be gained." 

The required distinction between military targets and civilian targets does not stipulate that any civilian casualties are proof that a war crime has been committed. It is illegal to deliberately target civilians, which has long been the modus operandi for Hamas, culminating in Hamas' October 7, 2023 mass casualty terrorist attack against Israel; in contrast, Israel has gone to great lengths to avoid hitting civilian targets, to the extent of putting the lives of Israeli soldiers at risk. It is also illegal to deliberately put civilians in harm's way, which is another war crime committed regularly by Hamas, which utilizes "human shields" both to discourage Israeli attacks and as fodder for propaganda. 

The law regarding proportionality is often misunderstood; media outlets regularly compare the inflated and unverified casualty totals from Gaza with Israel's casualties to imply--or even directly state--that the larger number of casualties in Gaza proves that Israel has committed war crimes. However, international law does not mandate proportional casualty totals; proportionality refers to the lethality of the attack in proportion to the legitimate military goal of the attack. Here, Hamas has vowed to repeat October 7 "again and again and again," which means that Israel legally can take the necessary measures to render Hamas incapable of ever committing such an attack again; to the extent that Israeli operations against Hamas result in civilian casualties, as long as Israel is not intentionally attacking civilian targets those casualties are the responsibility of Hamas as both the initial aggressor and as a party that deliberately deploys human shields.

The article does not specifically mention Hezbollah, another Iranian-sponsored terrorist organization that commits the same kinds of war crimes that Hamas commits--and Hezbollah's forces are more numerous, better trained, and better armed than Hamas' forces. If Israel does not eliminate Hezbollah as soon as possible, Israel will pay a terrible price later--a price that will make October 7, 2023 seem minor in comparison. Permitting Hezbollah to become so powerful is one of the greatest strategic errors in Israeli history; hopefully, it will not prove to be a fatal strategic error. Israel's neglect of the threat posed by Hamas should serve as a lesson and a warning. Just a few days before Hamas' October 7, 2023 mass casualty terrorist attack against Israel, I decried Israel's Ongoing Oslo Accords Folly, and I declared, "The core unresolved issue is not 'land for peace' nor is it autonomy; it is the unrelenting quest to destroy Israel that is fomented by various Arab/Islamic states and the terrorist groups (including the PLO, Hamas, Hezbollah, al Qaeda, and others) that they sponsor. There is zero chance that Israel giving up land will resolve that issue, and the Oslo Accords are just one example of the folly of assuming otherwise."

The sad reality is that the people who are protesting the loudest about Israel's alleged war crimes do not care at all about the alleged war crimes victims; the protesters hate the Jewish people, and seek to cloak their antisemitism as "merely" anti-Zionism--but anti-Zionism is indistinguishable from antisemitism because Israel is the Jewish homeland. It should be noted that being Jewish does not mean that you cannot be antisemitic, and there are some Jews who hate their own heritage and their own people--in short, they are traitors: instead of expressing concern for the October 7 victims and their families, these traitors give aid and comfort to Hamas' rapists, kidnappers, and murderers.

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