web analytics
October 20, 2014 / 26 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.



Palestinian Statehood, Terror, and the US Election (Pt. 2)


F071130WA01

Photo Credit: Wagdi Ashtiyeh /Flash90

Whenever an insurgent group resorts to openly unjust means, its actions become incontestably terroristic. Even if the ritualistic Palestinian claim of a hostile Israeli “occupation” were somehow reasonable rather than invented, the corresponding right of entitlement to oppose Israel “by any means necessary” would be false.

Significantly, any openly unjust means would remain an obvious expression of terrorism, even if these means were sponsored by a now accepted sovereign state. Alternatively, in these post-independence circumstances, such means could also become a war crime.

Whatever the particular issue at hand, international law always has determinable form and content. Its principles and practices cannot be fashioned and re-fashioned by individual terror groups or by terror-supporting states in order to satisfy certain presumed geo-political interests. This is especially the case wherever terror violence purposely targets evidently fragile and vulnerable civilian populations.

Whatever their cause, national liberation movements that fail to meet the test of just means can never be protected as lawful or legitimate. Even if we could accept the intrinsically spurious argument that Hamas and/or Fatah are somehow able to fulfill the explicit criteria of “national liberation” movements, it would remain perfectly obvious that they still do not meet the recognizable standards of discrimination, proportionality, and military necessity. These authoritative standards of humanitarian international law are made most prominently applicable to insurgent organizations by the common Article 3 of the four Geneva Conventions of 1949, and also by the two 1977 Protocols to the Conventions.

These core standards are also binding upon all combatants by virtue of broader customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention of 1907. This rule, generally called the “Martens Clause,” makes all persons responsible for upholding the “laws of humanity” and, reciprocally, the “dictates of public conscience.”

Under international law, the ends can never justify the means. As in the case of war between states, every use of force by insurgents must be judged twice, once with regard to the justness of the objective (in this case, a Palestinian state that seeks to be built upon the ruins of a correspondingly dismembered Israel), and once with regard to the justness of the means used toward achieving that annihilatory objective.

In law, murderers of mothers and young children who take an undisguised delight in the blood of their victims can never be “freedom fighters.” Indeed, if ever they should become entitled to such a laudatory designation, we would then have to recalculate the authentic meaning of international law. More precisely, we would have to concede that such law was really nothing more than a quaintly veneered authorization for unhindered evil.

American and European supporters of a Palestinian state continue to presume that Palestine would become an agreeable part of a two-state Solution. For these optimistic believers in “peace,” this 23rd Arab state will gratefully coexist with a still-standing Jewish state. Both U.S. presidential contenders should understand this presumption is plainly contradicted by the undisguised expectations of leading Palestinians, and is regularly dismissed everywhere else in the Arab/Islamic world.

Again, consider cartography. The official Map of Palestine at the PA website continues to include all of Israel. Significantly, there is only one state on this map. As readers may already know, it is not Israel.

The Palestine Liberation Organization was formed in 1964, three years before there were any “occupied territories.” What, exactly, was the PLO attempting to “liberate” between 1964 and 1967? There is no more important or primary question.

In all law, terrorist crimes mandate universal cooperation in both apprehension and punishment. As required punishers of “grave breaches” under a still-decentralized regime of international law, all states are required to search out and prosecute, or to extradite, individual terrorist perpetrators. In absolutely no circumstances are states permitted to characterize terrorists as “freedom fighters.” Any such characterization would reject the fixed obligations of international criminal law.

In absolutely no circumstances are states permitted to support terror violence or war crimes against other states.

This is most emphatically true for the United States, which incorporates all of international law as the “supreme law of the land” in Article 6 of the Constitution, and also in certain Supreme Court decisions. Though almost no one seems to be familiar with such an “arcane” history, this American nation was formed by its Founding Fathers according to the timeless legal principles of Blackstone’s Commentaries and in conformance with antecedent and universal Natural Law.

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 “Palestinian Statehood, Terror, and the US Election (Pt. 2)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Agam Luria, from a kibbutz in the Jezreel Valley, was identified as one of the four Israelis killed in the Nepal blizzard.
Israeli Sherpa ‘Pony Express’ Saved Hundreds in Nepal Blizzard
Latest Indepth Stories
Map of Syria-Turkish border area, pinpointing Kurdish border town of Kobani, just taken by ISIS terror forces Oct 7, 2014.

Turkey and Iran the 2 regional powers surrounding the ISIS conflict gain from a partial ISIS victory

The Rosenstrasse area of Berlin, where Jewish husbands of non-Jewish German wives were held.

Emigration from Israel is at an all-time low, far lower than immigration to Israel from Europe.

NY rally against Met Opera's 'Death of Klinghoffer' opera. Sept. 22, 2014.

Leon Klinghoffer’s daughters: “‘Klinghoffer’ is justified as ‘a work of art’…This is an outrage.”

Guess who's behind the door?

Do you seriously think that as you kidnap our children we should medically treat and help yours?

Sometimes collective action against the heinous acts of the majority is not enough. The world should not only support the blockade of Gaza; it must enforce the dismantling of Hamas.

The Arab Spring has challenged Jordan with the task of gradual reform with regard to its monarchy.

Israel offered Syria the entire Golan Heights, only to find that the Syrians were demanding MORE!

Israeli hasbara too can be described at best as pathetic, at worst non existent.

A ‘good news’ story from the Nepal avalanche disaster to warm your heart. Take out your Kleenex.

Journalists see the Israeli-Palestinian conflict as morality play: Israel=evil; Palestine=innocent

Warsaw Ghetto: At its height, the Nazis walled in some 500,000 Jews within the1.3 square mile area.

While police officers face dangers every day on the job, Jews also face danger in their daily lives.

Carter developed a fondness for Arafat believing “they were both ordained to be peacemakers by God”

If Hamas is ISIS, the world asks, why didn’t Israel destroy it given justification and opportunity?

That key is the disarming of Hamas and the demilitarization of Gaza – as the U.S., EU, and others agreed to in principle at the end of Operation Protective Edge.

We have no doubt there are those who deeply desire to present themselves as being of a gender that is not consistent with their anatomy, and we take no joy in the pain and embarrassment they suffer.

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/palestinian-statehood-terror-and-the-u-s-presidential-election-second-of-two-parts/2012/10/24/

Scan this QR code to visit this page online: