Israel, Gaza and International Law

The cease fire on the ground has not ended the war of words against Israel. Indeed, efforts to charge Israel with war crimes and other violations of international law are escalating. The time has come, therefore, for a common sense legal and moral analysis of the events in Gaza and southern Israel. 

Let us begin with an argument that is frequently made against Israel. It is pointed out by supporters of Hamas that the official governing authority of Gaza is Hamas, because Hamas won the election. To the extent this is true, however, it is an argument in justification of Israel's actions. If Hamas is the official government of Gaza and if Hamas ordered the firing of more of than 6,000 deadly rockets at Israeli civilians, then it follows that the government of Gaza has engaged in an armed attack against Israel under Article 51 of the United Nations Charter. In other words, the government of Gaza has declared war against the government and people of Israel. This should not be surprising, since the Hamas Charter calls for the military destruction of Israel. 

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The phony war crimes accusation against Israel

Every time Israel seeks to defend its civilians against terrorist attacks, it is accused of war crimes by various United Nations agencies, hard left academics and some in the media.  It is a totally phony charge concocted as part of Hamas' strategy - supported by many on the hard left - to delegitimate and demonize the Jewish state. Israel is the only democracy in the world ever accused of war crimes when it fights a defensive war to protect its civilians. This is remarkable, especially in light of the fact that Israel has killed far fewer civilians than any other country in the world that has faced comparable threats.  In the most recent war in Gaza fewer than a thousand civilians - even by Hamas' skewed count - have been killed. This, despite the fact that no one can now deny that Hamas had employed a deliberate policy of using children, schools, mosques, apartment buildings and other civilian areas as shields from behind which to launch its deadly anti-personnel rockets. The Israeli Air Force has produced unchallengeable video evidence of this Hamas war crime.

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Israel is well within its rights

What if Israel defended its citizens the way the British, the French, the Americans and the Russians did? When German rockets hit British cities during the World War II, Prime Minister Winston Churchill retaliated by bombing German cities, killing thousands of German civilians, and promised to continue until Germany's unconditional surrender. The United States did the same following the Japanese attack on Pearl Harbor. The French did much worse in Algeria and the Russians showed no concern for civilian life in Chechnya or Georgia.

The IDF, on the other hand, has gone to extraordinary lengths to minimize civilian casualties, despite the reality that Hamas deliberately fires its rockets from densely populated civilian areas and hides its rocket launchers in schools, hospitals and mosques.

Every Hamas rocket attack against Israeli civilians - and there have been more than 6,500 of them since Israel ended its occupation of Gaza - is an armed attack against Israel under Article 51 of the United Nations Charter, which authorizes member nations to respond militarily to armed attacks against it.

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Hamas has declared war on Israel - how should Israel respond?

Article 51 of the United Nations Charter guarantees its members "the inherent right to...individual self defense" against "an armed attack." In January 2006, Hamas was elected to govern the Palestinian Authority. After Israel ended its occupation of Gaza and removed all of its settlers, Hamas threw the Palestinian Authority out of the Gaza and assumed de facto as well as de jure control over the entire Gaza Strip. Its leaders then instructed its military wing to direct rockets at civilian targets in southern Israel. At first these rockets were Kassams with a relatively short range. Now they include Katyushas, which can reach Israel's large cities, including Ashkelon, with its population of 120,000 civilians. Hamas has officially declared that its policy is to develop or smuggle even longer range missiles capable of reaching Israel's largest city Tel Aviv and its lifeblood, Ben Gurion Airport. It has promised to keep aiming its missiles at civilian targets until the Jewish state is finally destroyed.

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