Why Israeli Strikes against Hizballah in Syria Are Legal

In April 2016, Benjamin Netanyahu admitted publicly, for the first time, that Israel had routinely attacked arms shipments in Syria in order to prevent Hizballah from obtaining advanced weapons—a policy that continues to be in force. While these attacks on foreign soil in the midst of a complex civil war might at first seem to fall into a legal gray area, there is a straightforward case for their legality, as Louis René Beres writes:

Legally, there is nothing complicated about the issues surrounding Israel’s counter-terrorist raids within Syria. By willfully allowing its territory to be used as a source for weapons that Hizballah terrorists can use against Israel, and as an expanding base for anti-Israel terrorist operations in general, Bashar al-Assad has placed Syria in unambiguous violation of both the UN Charter and the wider body of international rules identified in Article 38 of the UN’s Statute of the International Court of Justice.

There is more. Because Syria, entirely at its own insistence, maintains a formal condition of belligerency with Israel (that is, a legal “state of war”), [the] charges levied by Damascus or Tehran of “Israeli aggression” make no jurisprudential sense. . . . [Furthermore], express prohibitions against pro-terrorist behavior by any state can be found in Articles 3(f) and 3(g) of the 1974 UN General Assembly Definition of Aggression. These prohibitions are part of customary international law, identified in Article 38 of the International Court of Justice statute as “the general principles of law recognized by civilized nations.” . . .

Under international law, every use of force by states must be judged twice: once with regard to the justness of the cause, and once with regard to the justness of the means. This second standard concerns core issues of humanitarian international law. . . . In defending itself against Hizballah terror, Israel’s actions have always been consistent with humanitarian international law. In stark contrast to the Shiite terrorist militias operating in Lebanon and southern Syria, and similarly unlike the Syrian-supported Islamic Jihad forces, who intentionally target noncombatants, Israel has been meticulous about exclusively striking hard military targets in raids on Syria. . . .

[Above all], the obligation of a sovereign to protect its citizens or subjects is . . . utterly beyond question. Israel need make no apologies for choosing to defend itself against Syrian-sponsored Hizballah aggression. International law is never a suicide pact.

Read more at BESA Center

More about: Hizballah, International Law, Israel & Zionism, Israeli Security, Syria

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden