web analytics
April 17, 2014 / 17 Nisan, 5774
At a Glance
InDepth
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



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


Beres-Louis-Rene

Share Button

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.

Share Button

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.

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 rioters hurl objects at Israeli security personnel who use pepper spray to quell the violence emanating from the Al Aqsa mosque on the Temple Mount.
Arab Violence Closes Temple Mount to Visitors Again
Latest Indepth Stories
Haredim riot after draft-dodger is arrested.

The reporter simply reports the news, but it is greater to be inspired to better the situation.

Bitton-041814

The Big Bang theory marked the scientific community’s first sense of the universe having a beginning.

MK Moshe-Feiglin

Freeing convicted murderers returns the status of Jewish existence to something less than sanctified.

Dov Shurin

“The bigger they are the harder they fall” describes what God had in mind for Olmert.

We, soldiers of the IDF, who stand guard over the people and the land, fulfill the hopes of the millions of Jewish people across the generations who sought freedom.

How much is the human mind able to grasp of the Divine?

Jews have brought the baggage of the galut (exile) mentality to the modern state of Israel.

The Haggadah is an instruction manual on how to survive as strangers in strange lands.

It’s finally happened. New York Times public editor Margaret Sullivan reported on her blog that “many readers…wrote to object to an [April 2] article…on the breakdown in peace talks between Israel and the Palestinians,” claiming “[they] found the headline misleading and the article itself lacking in context.” Ms. Sullivan provided one such letter, quoted the […]

Nor did it seem relevant that according to widely circulated media reports, Rev. Sharpton was caught on an FBI surveillance video discussing possible drug sales with an FBI agent.

Jewish soldiers in the Polish forces often encountered anti-Semitic prejudice.

When the state was established, gedolim went to Ben-Gurion and asked him not to draft women and, later, yeshiva bachrim.

Perhaps worse than all the above is the acute lack of unity among Jews

At our seder we emulate the way it was celebrated in Temple times, as if the Temple still stood.

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.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

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: