web analytics
September 21, 2014 / 26 Elul, 5774
At a Glance
InDepth
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



Israel, ‘Palestine,’ And The Law Of War (Second of Two Parts)


Beres-Louis-Rene

Historically, viewed against the background of extensive and unapologetic terrorist perfidy in both Gaza and Lebanon, Israel has been innocent of any alleged disproportionality. All combatants, including all insurgents in Gaza and Lebanon, are bound to comply with the law of war of international law.

This firm requirement derives not only from what is known as the “Martens Clause,” a paragraph that makes its first appearance in the Preamble to the 1899 Hague Convention No. II on land warfare, but additionally from Article 3, common to the four Geneva Conventions of August 12,1949. It is also found in the two Protocols to these Conventions.

In world politics, reason is often trumped by passion. It has always been easy to condemn Israel with rhythmic chants of “disproportionality.” Yet, competent legal scholars, if honest about their jurisprudential obligations, will acknowledge the illegitimacy of such contrived charges.

Until now, any seemingly disproportionate uses of force by Israel have actually been the permissible outcome of antecedent and perfidious crimes committed by its enemies.

What about charges, over the years, that Israel had committed “aggression” in its Lebanon operations? At Lebanon’s insistence, not Israel’s, a formal state of war has existed between the two tiny countries since the Jewish state first came into existence in May 1948. Only an armistice agreement exists between Israel and Lebanon. Signed on March 23,1949, this was not a war-terminating agreement, but a codified pledge to “cease fire.”

Legally, it is not possible for Israel to commit aggression against Lebanon. This is because the latter already considers itself in a formal condition of belligerency with the Jewish state. Israel cannot commit aggression against another state with which it is already at war.

Faced with multiple and sometimes cooperating enemies on several fronts, who often make no secret of their explicitly genocidal intentions, Israel has adhered faithfully to the law of war. In starkly marked contrast to the conscious indiscriminacy of its terrorist foes in Gaza, Judea/Samaria (West Bank) and Lebanon, Jerusalem has struggled mightily to respect and honor this set of rules – significantly, a set with origins in the Hebrew Bible (Deuteronomy).

The core legal issue in recurrent Middle East conflict is not about Israeli “disproportionality,” or “aggression,” but rather a persistent Arab resort to terrorism and perfidy. Neither principal Palestinian faction has any effective reason to refrain from future terrorism against Israel. Already engaged in far-reaching diplomatic end-runs around Jerusalem, neither Fatah nor Hamas will ever require Prime Minister Netanyahu’s negotiated approval to proceed toward complete Palestinian sovereignty.

The UN could again take up the issue of membership for “Palestine.” Almost certainly, though any such consideration would likely not meet the more stringent requirements of statehood that were established at the 1934 Convention on the Rights and Duties of States (Montevideo Convention), a generally recognized and totally militarized Palestinian state would then become a reality. Should this UN conferral of sovereignty be implemented, Israel’s more limited future will be discoverable in Article 12 of the PA (Fatah) Charter, which calls for “the liberation of Palestine completely….” and in Article 19: “The struggle will not end until the elimination of the Zionist entity and the liberation of Palestine.”

As for the “less moderate” Hamas Covenant (Charter of the Islamic Resistance Movement), it begins with Israel’s annihilation: “Israel will exist and will continue to exist until Islam will obliterate it….” Worth noting, especially in view of what is happening in Egypt, the Covenant refers to Hamas as “one of the wings of the Muslim Brotherhood in Palestine.”

In the Middle East, wishful thinking is always perilous. Over time, Israel’s Arab enemies have generally not demonstrated any observable regard for compliance with the law of war. Once a new Arab state is carved out of Israel’s still-living body, “Palestine” would seize upon now vastly enlarged opportunities for inflicting war and terrorism. It follows that Jerusalem must do whatever it can to prevent Palestinian statehood. It can do this legally.

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.

One Response to “Israel, ‘Palestine,’ And The Law Of War (Second of Two Parts)”

  1. Amos Avitan says:

    How absolutely true. Your dissertation is clear and concise and I do hope many read it. especially the left wing in Israel. and by the way, that idiot in the White House.

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Dozens of children were traumatized but escaped injury Sunday morning when Arabs in eastern Jerusalem attacked their bus.
‘Benign Neglect’ May Be Setting Up Eastern Jerusalem Jews for Expulsion
Latest Indepth Stories
IDF lone soldier and  David Menachem Gordon (z"l).

Why has his death been treated by some as an invitation for an emotional “autopsy”?

Starck-091914

SWOT analysis: Assessing resources, internal Strengths&Weaknesses; external Opportunities&Threats.

Kohn-091914

Strategy? For the longest time Obama couldn’t be bothered to have one against a sworn enemy.

Miller-091914

Seventeen visual skills are needed for success in school, sports, and everyday life.

We started The Jewish Press. Arnie was an integral part of the paper.

Fear alone is substantial; without fusing it to beauty, fear doesn’t reach its highest potential.

Fortunate are we to have Rosh Hashanah for repentance, a shofar to awaken heavenly mercy.

Arab leaders who want the US to stop Islamic State are afraid of being dubbed traitors and US agents

National Lawyers Guild:Sworn enemy of Israel & the legal arm of Palestinian terrorism since the ’70s

A little less than 10 percent of eligible Democratic voters came out on primary day, which translates into Mr. Cuomo having received the support of 6.2 percent of registered Democrats.

The reality, though, is that the Israeli “war crimes” scenario will likely be played out among highly partisan UN agencies, NGOs, and perhaps even the International Criminal Court.

Peace or the lack of it between Israel and the Palestinians matters not one whit when it comes to the long-term agenda of ISIS and other Islamists, nor does it affect any of the long-running inter-Arab conflicts and wars.

Rather than serving as a deterrent against terrorist attacks, Israel’s military strength and capabilities are instead looked at as an unfair advantage in the asymmetrical war in which it finds itself.

Sisi:”The religious nature of the Middle East creates challenges for the governing authorities.”

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/israel-palestine-and-the-law-of-war-second-of-two-parts/2012/10/04/

Scan this QR code to visit this page online: