Defending Israel from the Coming Legal Assault

While the most recent Gaza war officially ended after 50 days of fighting, its second phase, which will be fought in courts and UN committees, has not yet begun. Soon a variety of NGOs and UN bodies, supported by a host of American and European law professors, will try to defame and punish Israel through legal and quasi-legal proceedings. Israel must fight back against this campaign, writes Peter Berkowitz, and it is in the interest of all who value democracy, liberty, and humanity to back it:

In theory, calling Israel to account seeks to safeguard human rights, uphold international law, and constrain the inherent brutality of war. In practice, it criminalizes Israel’s right to defend itself and abuses key principles of international law. Also, by rewarding Hamas, which commits the double war crime of militarizing urban areas in Gaza and targeting civilian populations in Israel, the lawfare aimed at Israel incentivizes terrorism and weakens the ability of the United States and the West to defend themselves.

To defend itself while also bolstering the long-term interest of other liberal democracies engaged in the struggle against transnational terrorism, Israel should undertake a preemptive strike, both in the legal arena and in the court of public opinion. The facts and the law are on Israel’s side.

Read more at Real Clear Politics

More about: Human Rights, Israel, Lawfare, Laws of war, Protective Edge, Terrorism, UN

Yes, Iran Wanted to Hurt Israel

Surveying news websites and social media on Sunday morning, I immediately found some intelligent and well-informed observers arguing that Iran deliberately warned the U.S. of its pending assault on Israel, and calibrated it so that there would be few casualties and minimal destructiveness, thus hoping to avoid major retaliation. In other words, this massive barrage was a face-saving gesture by the ayatollahs. Others disagreed. Brian Carter and Frederick W. Kagan put the issue to rest:

The Iranian April 13 missile-drone attack on Israel was very likely intended to cause significant damage below the threshold that would trigger a massive Israeli response. The attack was designed to succeed, not to fail. The strike package was modeled on those the Russians have used repeatedly against Ukraine to great effect. The attack caused more limited damage than intended likely because the Iranians underestimated the tremendous advantages Israel has in defending against such strikes compared with Ukraine.

But that isn’t to say that Tehran achieved nothing:

The lessons that Iran will draw from this attack will allow it to build more successful strike packages in the future. The attack probably helped Iran identify the relative strengths and weaknesses of the Israeli air-defense system. Iran will likely also share the lessons it learned in this attack with Russia.

Iran’s ability to penetrate Israeli air defenses with even a small number of large ballistic missiles presents serious security concerns for Israel. The only Iranian missiles that got through hit an Israeli military base, limiting the damage, but a future strike in which several ballistic missiles penetrate Israeli air defenses and hit Tel Aviv or Haifa could cause significant civilian casualties and damage to civilian infrastructure, including ports and energy. . . . Israel and its partners should not emerge from this successful defense with any sense of complacency.

Read more at Institute for the Study of War

More about: Iran, Israeli Security, Missiles, War in Ukraine