Why Israeli Raids on Terrorists Don’t Violate International Law

On Tuesday, Israeli troops entered the West Bank city of Jenin to apprehend the terrorist who murdered Hallel and Yagel Yaniv on February 6. As often happens during such raids, they were drawn into a shoot-out, resulting in deaths of the warranted terrorist and five of his associates. The wave of terror over the past year has made such incidents frequent; Akiva Van Koningsveld examines their permissibility under international law:

International law is not “law” in the traditional sense of the word. Rather, it is a combination of treaties and agreements between and among numerous sovereign nations and other subjects of international law. In the case of Israel and the Palestinians, the relevant agreements are the Oslo Accords, a series of interim arrangements forged in the 1990s between Israel and the Palestine Liberation Organization (PLO).

Crucially, the IDF’s withdrawal from [parts of the West Bank] was conditioned on the Palestinian leadership vowing to fight terrorism and incitement to hatred. . . . International law, specifically the Vienna Convention—which codifies universal rules governing treaties—embraces the principle that international agreements are reciprocal. Accordingly, if the Palestinian Authority (PA) refuses to act against incessant terrorism emanating from areas under its control in a way that constitutes a “material breach,” . . . Israel would likely be entitled to suspend “in whole or in part” its redeployment from parts of the West Bank.

It is safe to say that the PA’s record of compliance with the Oslo Accords, which are binding agreements under international law, has been poor in recent years, likely to the point where it justifies Israeli countermeasures in accordance with the Vienna Convention. [By contrast], the Israeli government has a duty to act against terror groups in the West Bank. The Universal Declaration of Human Rights, as adopted by the United Nations, makes it clear that nations should protect the safety and welfare of their own citizens.

Read more at Algemeiner

More about: International Law, Israeli-Palestinian Conflict, Palestinian terror, West Bank

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