Why Israeli Raids on Terrorists Don’t Violate International Law

March 10 2023

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

The U.S. Is Trying to Seduce Israel into Accepting a Bad Deal with Iran. Israel Should Say No

Last week, the International Atomic Energy Agency (IAEA) released its quarterly report on the Iranian nuclear program. According to an analysis by the Institute for Science and International Security, the Islamic Republic can now produce enough weapons-grade uranium to manufacture “five nuclear weapons in one month, seven in two months, and a total of eight in three months.” The IAEA also has reason to believe that Tehran has further nuclear capabilities that it has successfully hidden from inspectors. David M. Weinberg is concerned about Washington’s response:

Believe it or not, the Biden administration apparently is once again offering the mullahs of Tehran a sweetheart deal: the release of $10 billion or more in frozen Iranian assets and clemency for Iran’s near-breakout nuclear advances of recent years, in exchange for Iranian release of American hostages and warmed-over pious Iranian pledges to freeze the Shiite atomic-bomb program.

This month, intelligence photos showed Iran again digging tunnels at its Natanz nuclear site—supposedly deep enough to withstand an American or Israeli military strike. This tells us that Iran has something to hide, a clear sign that it has not given up on its quest for a nuclear bomb.

Meanwhile, Antony Blinken today completes a three-day visit to Saudi Arabia, where he is reportedly pressing the kingdom to enter the Abraham Accords. This is no coincidence, for reasons Weinberg explains:

Washington expects Israeli acquiescence in the emerging U.S. surrender to Iran in exchange for a series of other things important to Israel. These include U.S. backing for Israel against escalated Palestinian assaults expected this fall in UN forums, toning down U.S. criticism regarding settlement and security matters (at a time when the IDF is going to have to intensify its anti-terrorist operations in Judea and Samaria), an easing of U.S. pressures on Israel in connection with domestic matters (like judicial reform), a warm Washington visit for Prime Minister Netanyahu (which is not just a political concession but is rather critical to Israel’s overall deterrent posture), and most of all, significant American moves towards reconciliation with Saudi Arabia (which is critical to driving a breakthrough in Israeli-Saudi ties).

[But] even an expensive package of U.S. “concessions” to Saudi Arabia will not truly compensate for U.S. capitulation to Iran (something we know from experience will only embolden the hegemonic ambitions of the mullahs). And this capitulation will make it more difficult for the Saudis to embrace Israel publicly.

Read more at Israel Hayom

More about: Antony Blinken, Iran nuclear program, Israeli Security, Saudi Arabia, U.S.-Israel relationship