web analytics
May 23, 2015 / 5 Sivan, 5775
At a Glance
InDepth
Sponsored Post


After Bin Laden: Assassination, Terrorism, War and International Law (Second of Two Parts)


Beres-Louis-Rene

In my written paper, I take the position that “International law is not a suicide pact” and that resistance to all forms of perfidy could be indispensable and law enforcing. An example would be Israel’s “Cast Lead” operation, where IDF operations in Gaza should have been identified, understood, and appraised by all fair observers in the full context of antecedent Palestinian violations of humanitarian international law, that is, in the critical context of incessant Palestinian/Hamas perfidy. It should also be recalled, in all such assessments, that considerations of just means (jus in bello) are always logically distinct from considerations of just cause (jus ad bellum).

Palestinian perfidy remained a violation of the law of war even if there had been certain discoverable grounds for just cause in their (Hamas’s) insurgent war against Israel.

Under international law, the ends can never justify the means.

Under international law, the presumed legitimacy of a certain cause can never legitimize the use of certain forms of violence.

Article 38 of the Statute of the ICJ makes explicit reference to “general principles of law recognized by civilized nations.” This concept of “civilized nations” continues to make both legal and geopolitical sense in the present world legal order. Each civilized nation has both the right and the obligation under international law to protect its citizens from terrorism, war, human rights violations and genocide. Should these civilized nations ever surrender to perfidy, they would effectively undermine this peremptory right and obligation. The net effect of any such capitulation would be to make victors of the criminals and the terrorists, and to strengthen the resolve of all allied terrorist organizations.

In any democratic state, the obligation of citizens to their government is ultimately contingent upon that government’s assurance of protection. “Just wars,” says Grotius, “arise from our love of the innocent.” Now, “civilized nations” must continue to use all necessary and permissible means for self-defense and collective self-preservation. Although perfidious provocations by assorted terror groups and enemy states may elicit reprisals that bring harm to noncombatants, it is these perfidious provocations, not the needed defensive responses, that would be in violation of humanitarian international law.

International law is not a suicide pact.

Louis René Beres, strategic and military affairs columnist for The Jewish Press, is professor of political science at Purdue University. Educated at Princeton (Ph.D., 1971), he lectures and publishes widely on international relations and international law and is the author of ten major books in the field. In Israel, Professor Beres was chair of Project Daniel.

About the Author: Louis René Beres (Ph.D., Princeton, 1971) is professor of political science and international law at Purdue University and the author of many books and articles dealing with international relations and strategic studies.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “After Bin Laden: Assassination, Terrorism, War and International Law (Second of Two Parts)”

Comments are closed.

Current Top Story
Tzipi Hotovely, new Deputy Foreign Minister.
Foreign Minister Hotovely: Tell the World ‘God Gave Israel to the Jews’
Latest Indepth Stories
Harris-052215

We take a whole person approach, giving our people assistance with whatever they need.

Shalev and Rabbi Levinger

During my spiritual journey I discovered G-d spoke to man only once, to the Jewish people at Sinai

MK Moshe-Feiglin

20 years after the great Ethiopian aliyah, we must treat them like everyone else; no better or worse

Sprecher-052215

Connecting Bamidbar&Shavuot is simple-A world without Torah is midbar; with Torah a blessed paradise

Many Black protesters compared Baltimore’s unrest to the Palestinian penchant of terrorism & rioting

She credited success to “mini” decisions-Small choices building on each other leading to big changes

Shavuot 1915, 200000 Jews were expelled; amongst the largest single expulsions since Roman times

Realizing there was no US military threat, Iran resumed, expanded & accelerated its nuclear program

“Enlightened Jews” who refuse to show chareidim the tolerance they insist we give to Arabs sicken me

Somewhat surprisingly, the Vatican’s unwelcome gesture was diametrically at odds with what President Obama signaled in an interview with the news outlet Al Arabiya.

The recent solid victory of Prime Minister Benjamin Netanyahu’s Likud Party produced something very different.

The reaction is so strong that nine times out of ten, parents engage in some form of coping mechanism before arriving at a level of acceptance of a special-needs diagnosis.

“…his neshamah reached out to us to have the zechus of Torah learning to take with him on his final journey.”

The gap isn’t between Israeli and American Jews-it’s between American Jews and the rest of the world

More Articles from Louis Rene Beres

A “Palestine” could become another Lebanon, with many different factions battling for control.

Louis Rene Beres

President Obama’s core argument on a Middle East peace process is still founded on incorrect assumptions.

Once upon a time in America, every adult could recite at least some Spenglerian theory of decline.

President Obama’s core argument is still founded on incorrect assumptions.

Specific strategic lessons from the Bar Kokhba rebellion.

Still facing an effectively unhindered nuclear threat from Iran, Israel will soon need to choose between two strategic options.

For states, as for individuals, fear and reality go together naturally.

So much of the struggle between Israel and the Arabs continues to concern space.

Printed from: http://www.jewishpress.com/indepth/columns/louis-bene-beres/after-bin-laden-assassination-terrorism-war-and-international-law-second-of-two-parts/2012/02/02/

Scan this QR code to visit this page online: