web analytics
September 30, 2014 / 6 Tishri, 5775
At a Glance
InDepth
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



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, 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.


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.

SocialTwist Tell-a-Friend

Current Top Story
Arab terrorists at the traffic circle in Ras al-Amoud May 2011
Children Evacuated as Arabs Attack JM Neighborhood of Maaleh HaZeitim [video]
Latest Indepth Stories
FE_PR_100112_22Learning_CableTV425x282

Can teenagers seriously be expected to behave properly when they are surrounded by so much suggestive material? Is it fair to expose them (and ourselves) to so much temptation and then tell them, “Just say no”?

Narendra Modi

Washington remains ignorant of the need to dismantle alliances with various Muslim countries.

ISIS terrorist

Defeating IS requires bombing its strongholds and recognizing the violent nature of Islam.

PA Chairman Mahmoud Abbas speaking in Ramallah, July 1, 2014.

Abbas again used the UN to attack Israel, distort history, and undermine prospects for peace.

Israel and the Palestinian Authority cannot even agree to move their clocks back on the same day.

Shemita is about relating to each other by temporarily eliminating gaps of wealth power & status

David transcended adversity to become a leader; Who are we to make excuses for a lack of greatness?

sympathy: Feeling sorrow or pity for another’s tribulations; Empathy:sharing an emotional experience

Last week the president announced a four-point plan. Unfortunately, there’s little buy-in from our European and Middle Eastern allies. Here’s my own four-point plan that may be more palatable to our allies.

Rosh Hashanah has an obvious connection to God’s Kingship. We constantly refer to Him during the Asseres Yemei Teshuvah as Melech/King. The nusach of the tefillah, referring to Rosh Hashanah as “a remembrance of the first day” (of Creation), implies a certain dimension of divine kingship operating at the time of Creation and replicated every […]

Yes, God judges, but His judgment is that of a loving father who longs for his child’s quick return.

Anti-Semitism has returned to the mainstream of European society and Israel has become its focus.

Home is Milwaukee where their congregation, Beth Jehudah, and community always await their return.

A murderous uprising is taking place in Israel; On the roads, In the mixed Jewish-Arab cities.

“It’s a lousy column and a dishonest one,” Halberstam wrote. “So close it. Or you will end up just as shabby as Safire.”

More Articles from Louis Rene Beres
Louis Rene Beres

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

Louis Rene Beres

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.

An undifferentiated or across-the-board commitment to nuclear ambiguity could prove harmful to Israel’s’s overall security.

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: