web analytics
October 25, 2014 / 1 Heshvan, 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 Terrorism and Statehood

In law, one man's terrorist can never be another man's freedom fighter.
Louis Rene Beres

Louis Rene Beres

In law, the murderers of young children who take an unhidden delight in the blood of their victims can never be “freedom fighters.” If they should ever become entitled to such an exculpatory designation, we would then have to concede that international law itself had become little more than a nicely codified authorization for the commission of evil.

President Obama continues to presume that a Palestinian state will be part of a “two-state solution.” Here, it is falsely presumed, a 23rd Arab state will coexist obediently with the lone Jewish state. Oddly enough, this presumption is dismissed everywhere in the Arab/Islamic world itself.

Cartographically, the “Map of Palestine,” available at the official website of the Palestinian National Authority and of Hamas, still includes all of Israel.

Only one state is depicted on this map. That state is not Israel.

Terrorist crimes always mandate universal cooperation in apprehension and punishment. As punishers of “grave breaches” under international law, all states are expected to search out and prosecute, or extradite, individual terrorist perpetrators. In no circumstances are states permitted to characterize terrorists as “freedom fighters.”

This is especially true for the United States, which incorporates all international law as the “supreme law of the land” at Article 6 of the Constitution, and at assorted Supreme Court decisions, most notably the Paquete Habana (1900). Under natural law, which represents the canonic legal foundation of the U.S. Constitution, every nation-state has an overriding obligation of self-preservation. Wherever a government acts contrary to this core obligation, which is assuredly the case with Israel’s recurrent freeing of Palestinian terrorists, these actions, inter alia, demand far-reaching citizen opposition.

The theory of natural law, which has discernible roots in the Bible, is based on clarity, self-evidence, and coherence. Its validity cannot be shaken by the presumed imperatives of geopolitics, even when a misguided American president should feel that manifestly contrary policies are called for.

No matter how strenuously Obama should maintain that Palestinian statehood is needed to implement a wider Middle East peace, there is nothing about full sovereignty that would ever exempt the newest Arab state from its peremptory obligations under humanitarian international 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.

2 Responses to “Palestinian Terrorism and Statehood”

  1. The roots of the Jewish People's sovereignty over all of Palestine west of the Jordan River are in International Law commencing in the Balfour Declaration of 1917 that was adopted word for word in the San Remo Resolution and spelled out in the Palestine Mandate. Initially the Jews were recognized as having only a beneficial interest with Britain given legal dominion over the political rights to Palestine until such time as the Jews had attained a population majority so their government would not be antidemocratic. This was announced by the British Foreign Office in a Memorandum of September 19, 1917 written by Arnold Toynbee and Lewis Namier. See Roots of Israel's Sovereignty and Boundaries in International Law; In Defense of the Levy Report. http://www.think-israel.org/brand.allegedoccupation.html A second question arises on whether the right under natural law of a people to have self-determination has evolved into International Law. In part it has. International Law supports a people's right to self determination by decolonization, where the change does not affect the borders of a sovereign state. It does not support unilateral secession. The Jewish People now have sovereignty over Palestine from the River to the Sea, with the current exception of Gaza. This was gained in 1950 when the Jews attained a population majority in the area within the Green Line where they governed, and over the rest of that area when the IDF drove out the illegal Jordanian and Egyptian occupiers in 1967. If the Arabs were to secede from the Jewish State, they would impair the boundaries of a sovereign state that they are not permitted to do, unilaterally, under International Law. Under International Law, when there is a tension between the rights of a people to gain self-determination, and the right of a sovereign state to territorial integrity, the right of the state is inviolable. It is this inviolability that has been the mainstay of world order since the 1648 Peace of Westphalia .

  2. Deniz Karadeniz says:

    The real TERRORIST is israel….

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Rafael's Spike anti-tank missile launcher.
India to buy $525 Million in Israeli Anti-Tank Missiles
Latest Indepth Stories
Lewis-102414-Nachal-Hareidi

I couldn’t see why I was different from Israeli boys my age. I too wanted to defend our country.

Eller-102414-Cart

I had to hire a babysitter so that I could go shopping or have someone come with me to push Caroline in her wheelchair.

Bills to restore the balance of power in Israel will be fought by the not-so-judicial left.

Widespread agreement in Israel opposing Palestinian diplomatic warfare, commonly called “lawfare.”

Chaye Zisel Braun

Arab terrorism against Jews and the State of Israel is not something we should be “calm” about.

The Israeli left, led by tenured academics, endorses pretty much anything harmful to its own country

We were devastated: The exploitation of our father’s murder as a vehicle for political commentary.

Judea and Samaria (Yesha) have been governed by the IDF and not officially under Israeli sovereignty

While not all criticism of Israel stemmed from anti-Semitism, Podhoretz contends the level of animosity towards Israel rises exponentially the farther left one moved along the spectrum.

n past decades, Oman has struck a diplomatic balance between Saudi Arabia, the West, and Iran.

The Torah scroll which my family donated will ride aboard the USS Gerald R. Ford aircraft carrier

The Jewish Press endorses the reelection of Gov. Andrew Cuomo. His record as governor these past four years offers eloquent testimony to the experience and vision he has to lead the Empire State for the next four years.

I think Seth Lipsky is amazing, but it just drives home the point that newspapers have a lot of moving parts.

Myth #1: It is easy to be a B’nai Noach. It is extraordinarily hard to be a B’nai Noach.

The question of anti-Semitism in Europe today is truly tied to the issue of immigration.

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-terrorism-and-statehood/2013/11/07/

Scan this QR code to visit this page online: