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Israel Must Confront the Jihadist Desire for Immortality
Effective counter-terrorism is never just about strategy, tactics, or doctrine. Whatever an insurgency’s operational specifics, this area of national security planning should always remain starkly analytic and logic-centered. For Israel in the Islamic Middle East, this means a heightened conceptual awareness of death and “last things” as embraced by its jihadist foes.
It means, inter alia, that Israel’s counter-terrorism planners should continuously bear in mind the primacy of one consistently overlooked and underestimated form of power: the desire for immortality, or “power over death.”
Any promise of immortality is of course densely problematic. By definition, it lies beyond the boundaries of science and logic. How, then, should the desire of Israel’s terrorist adversaries for immortality be assessed by Israeli planners during the Gaza War?
Any such inquiry should begin with certain core questions. The principal query is this: How can one human being meaningfully offer eternal life to another? Reciprocally, it must also be asked: How can any terrorism-opposing state construct components of its national security program upon a determined enemy’s “hunger for immortality?” This phrase is taken from Spanish (Basque) philosopher Miguel de Unamuno’s classic treatise The Tragic Sense of Life (Del Sentimiento Tragico De La Vida; 1921). Unamuno would never, however, have been sympathetic to the twisted idea of a murderous faith-based “martyrdom.”
Though these questions are difficult, they have answers. Even in our age of incessant quantification and verification, there is something in our unreflective species that yearns not for reason-based clarity but for mystery and faith. In facing jihadist terrorist ideologies that promise the faithful eternal life, Israel must remain wary of projecting ordinary human rationality upon Hamas, Palestinian Islamic Jihad, Hezbollah, and others like them.
Projections of decision-making rationality usually make sense in world politics, but there are enough major exceptions to temper hopeful generalities. If Israel’s national decision-makers were to survey the current configuration of global jihadist terrorist organizations (both Sunni and Shiite) from an analytic standpoint, the nexus between “martyrdom operations” and “life everlasting” would be conspicuous. At that point, Israel’s security planners would be in a much better position to deter murderous hostage-takers and suicide-bombers, both in microcosm (individual human terrorists) and in macrocosm (enemy states that support terrorists).
In such time-urgent matters, there are corresponding and converging elements of law. Jihadist insurgents who seek to justify gratuitously violent attacks on civilians in the name of “martyrdom” are acting contrary to international law. All insurgents, even those who claim “just cause,” must still satisfy longstanding jurisprudential limits on permissible targets and on law-based levels of violence.
As a matter of binding law, such humane limits can never be tempered by claims of religious faith. Faith is never legally exculpatory.
According to authoritative jurisprudence, the relevant legal matters are not inherently complicated or bewildering. Under longstanding rules, even the allegedly “sacred” rights of insurgency must always exclude any deliberate targeting of civilians or any use of force to intentionally inflict unnecessary suffering.
Law and strategy are interrelated; but at the same time, they are analytically distinct. Regarding the Gaza War and effective counter-terrorism, the legal bottom line is clear: Violence becomes terrorism whenever politically animated insurgents murder (intentionally kill) or maim noncombatants, whether with guns, knives, bombs, automobiles, or anything else.
It is irrelevant whether the expressed cause of terror-violence is presumptively just or unjust. In the Law of Nations, unjust means used to achieve allegedly just ends are always violations of the law.
Sometimes, martyrdom-seeking terrorist foes such as Hamas advance a supposedly legal argument known as tu quoque. This historically discredited argument stipulates that because “the other side” is guilty of similar, equivalent, or greater criminality, “our” side is necessarily innocent of any wrongdoing. Jurisprudentially, any such disingenuous argument is always wrong and invalid, especially after the landmark postwar judgments of the Nuremberg (Germany) and Far East (Japan) tribunals.
For conventional armies and insurgent forces, the right to use military force can never supplant the rules of humanitarian international law. Such primary or jus cogens rules (rules that permit “no derogation”) are referenced as the law of armed conflict, humanitarian international law, or the law of war. Significantly, these terms apply to both state and sub-state participants in any armed conflict.
Repeatedly, however, and without a scintilla of law-based evidence, supporters of Hamas terror-violence against Israeli noncombatants insist that “the ends justify the means.” Leaving aside the ethical standards by which any such argument should be dismissed on its face, ends can never justify means in the law of armed conflict. There can be no defensible ambiguity regarding such a conclusion.
The witless banalities of politics ought never be taken to accurately represent the expectations of binding law. In such universal law, whether codified or customary, one person’s terrorist can never be another’s “freedom-fighter.” Though it is correct that certain insurgencies can sometimes be judged lawful or even law-enforcing, allowable resorts to force must always conform to humanitarian international law.
Whenever an insurgent group resorts to unjust means, its actions constitute terrorism. Even if adversarial claims of a hostile controlling power were plausible or acceptable (e.g., relentless Palestinian claims concerning an Israeli “occupation”), corollary claims of entitlement to “any means necessary” would still remain false. Recalling Hague Convention No. IV: “The right of belligerents to adopt means of injuring the enemy is not unlimited.”
What about Israeli attacks on Gaza? Though Israel’s ongoing bombardments of Gaza are producing many Palestinian casualties, the legal responsibility for these harms lies entirely with Hamas “perfidy,” or what is more colloquially called Hamas’s use of “human shields.”
It is also noteworthy that while Palestinian casualties are unwanted, inadvertent, and unintentional, Israeli civilian deaths and injuries are always the result of Palestinian terrorist criminal intent or “mens rea.” In law, there is a great difference between deliberately murdering innocent celebrants at an Israeli music festival and the lethal consequences of indispensable Israeli counter-terrorist operations in Gaza.
International law is not an intuitive or subjective set of standards. Such law always has determinable form and content. It cannot be casually invented and reinvented by terror groups to justify their interests. This is especially true when their inhumane terror-violence intentionally targets a designated victim state’s most fragile and vulnerable civilians.
National liberation movements that fail to meet the test of just means can never be protected as lawful or legitimate. Even if the law were to accept the questionable argument that relevant terror groups had fulfilled all valid criteria of “national liberation” (e.g., Iran-supported Hamas or Hezbollah), these groups would still not satisfy the equally significant legal standards of distinction, proportionality, and military necessity.
These enduring critical standards were specifically applied to insurgent or sub-state organizations by Article 3 of the four Geneva Conventions of 1949 and by the two 1977 Protocols to these Conventions.
Standards of humanity remain binding upon all combatants by virtue of the broader norms of customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention of 1907. This rule, commonly called the “Martens Clause,” makes “all persons” responsible for the “laws of humanity” and for associated “dictates of public conscience.” There can be no exceptions to this universal responsibility based upon a presumptively “just cause.”
Under international law, terrorist crimes mandate universal cooperation in both apprehension and punishment. As punishers of grave breaches under international law, all states are expected to search out and prosecute or extradite terrorists. Under no circumstances are states permitted to regard terrorists as law-abiding “freedom fighters.” This ought to be kept in mind by states that routinely place their own presumed religious and geopolitical obligations above the common interests of binding law.
The United States incorporates international law as the supreme law of the land in Article 6 of the Constitution, and Israel is guided by the immutable principles of a Higher Law. Fundamental legal authority for the American republic was derived largely from William Blackstone’s Commentaries, which in turn owe much of their clarifying content to jus cogens principles of Torah.
Ex injuria jus non oritur. “Rights can never stem from wrongs.” The labeling by jihadist adversaries of Israel of their most violent insurgents as “martyrs” should have no exculpatory or mitigating effect on their terrorist crimes. As a practical problem, of course, these faith-driven foes are animated by the most compelling form of power imaginable. This is the power of immortality or “power over death.”
For Israel, a primary orientation of law-based engagement in counter-terrorism should always take close account of enemy attraction to “last things.” Philosopher Emmanuel Levinas’s observation that “an immortal person is a contradiction in terms” lies beyond intellectual challenge, but jihadist promises of “power over death” still remain supremely attractive to terrorists. It follows that Israeli counter-terrorist planners ought to focus more directly on the eschatology of its Gaza War terrorist adversaries.
For the foreseeable future, Hamas “martyrs” will present an incrementally existential threat to Israel. If these barbarous criminals should ever get their hands on fissile materials, however, this threat could become more immediately existential. Hamas would not require a chain-reaction nuclear explosive but only the much more accessible ingredients for a radiation dispersal device.
In a worst-case scenario, the use of a primitive nuclear device by Hamas or Hezbollah could spur Iran to enter into direct military conflict with Israel. At that point, Israeli policy considerations of “last things” could become all-important and determinative. For Israel, the primary battlefield will always be intellectual, not territorial. A jihadist enemy that links terror-violence against the innocent to delusionary promises of immortality poses a potentially irremediable threat.
Louis René Beres is Emeritus Professor of International Law at Purdue and the author of many books and articles on terrorism and international law. His latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2nd ed., 2018). A version of this article was originally published by The BESA Center.
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Northwestern University Touts Progress on Addressing Campus Antisemitism Amid Federal Scrutiny
Signs cover the fence at a pro-Palestinian encampment at Northwestern University in Evanston, Ill. on April 28, 2024. Photo: Max Herman via Reuters Connect.
Northwestern University on Monday touted its progress in addressing the campus antisemitism crisis, issuing a statement containing a checklist of policies it has enacted since being censured by federal lawmakers over its handling of pro-Hamas demonstrations which convulsed its campus during the 2023-2024 academic year.
“The university administration took this criticism to heart and spent much of last summer revising our rules and policies to make our university safe for all of our students, regardless of their religion, race, national origin, sexual orientation, or political viewpoint,” the statement said. “Among the updated policies is our Demonstration Policy, which includes new requirements and guidance on how, when, and where members of the community may protest or otherwise engage in expressive activity.”
The university added that it has adopted the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, a reference tool which aids officials in determining what constitutes antisemitism, and begun holding “mandatory antisemitism training” sessions which “all students, faculty, and staff” must attend.
“This included a live training for all new students in September and a 17-minute training module for all enrolled students, produced in collaboration with the Jewish United Fund,” it continued. “Antisemitism trainings will continue as a permanent part of our broader training in civil rights and Title IX.”
Other initiatives rolled out by the university include an Advisory Council to the President on Jewish Life, dinners for Jewish students hosted by administrative officials, and educational events which raise awareness of rising antisemitism in the US and across the world. Additionally, Northwestern said that it imposed disciplinary sanctions against several students and one staff member whose conduct violated the new “Demonstration and/or Display Policies” which regulate peaceful assembly on the campus.
“In closing, although Northwestern has made significant progress in the fight against antisemitism on campus, the university remains vigilant and will continue to do what is necessary to make our campus safe,” the statement concluded. “Importantly, the fight against antisemitism is NOT [sic] a zero-sum game. All members of our communities on campus — all religions, races, national origins, genders, sexual orientations, and political viewpoints — deserve to feel safe and know that our rules will be enforced to protect them against hate, discrimination, harassment, and intimidation. Northwestern is committed to this principle.”
As previously reported by The Algemeiner, Northwestern University struggled for months to correct an impression that it coddled pro-Hamas protesters and acceded to their demands for a boycott of Israel in exchange for an end to their May 2024 encampment.
University president Schill denied during a US congressional hearing held that year that he had capitulated to any demand that fostered a hostile environment, but his critics noted that part of the deal to end the encampment stipulated his establishing a scholarship for Palestinian undergraduates, contacting potential employers of students who caused recent campus disruptions to insist on their being hired, creating a segregated dormitory hall that will be occupied exclusively by students of Middle Eastern and North African (MENA) and Muslim descent, and forming a new advisory committee in which anti-Zionists students and faculty may wield an outsized voice.
The status of those concessions, which a law firm representing the civil rights advocacy group StandWithUs described as “outrageous” in July 2024, were not disclosed in Monday’s statement.
Northwestern University is not the only school creating distance between itself and the anti-Zionist movement, a step many colleges have taken in response to US President Donald Trump’s vowing to cut the flow of taxpayer funds supplementing their budgets should they refuse to crackdown down on illegal protests and antisemitism. Following the Trump administration’s cancelling of over $400 million in federals contracts and grants awarded to Columbia University, former interim president Katrina Armstrong proposed a list of reforms the school would agree to undertake — in areas ranging from undergraduate admissions to campus security — to restore the funds.
Armstrong later resigned from her position, saying in a statement which explained the decision that she wishes to return to her role as executive director of the university’s Irving Medical Center, as well as several other positions she holds.
Meanwhile, Harvard University recently fired a librarian whom someone filmed ripping posters of the Bibas children, two babies murdered in captivity by Hamas, off a kiosk in Harvard Yard and denounced him as “hateful.” Additionally, it paused a partnership with a higher education institution located in the West Bank, a move for which prominent members of the Harvard community and federal lawmakers had clamored in a series of public statements. The Trump administration initiated a review of $9 billion in taxpayer funds it receives anyway, prompting interim president Alan Garber to defend Harvard’s handling of the issue.
“For the past fifteen months, we have devoted considerable effort to addressing antisemitism,” Garber said. “We have strengthened our rules and our approach to disciplining those who violate them. We have enhanced training and education on antisemitism across our campus and introduced measures to support our Jewish community and ensure student safety and security.”
Northwestern University is in the Trump administration’s crosshairs too. It is one of 60 universities being investigated by the Department of Education’s Office for Civil Rights over its handling of campus antisemitism, a project that will serve as an early test of the administration’s ability to perform the essential functions of the agency after downsizing its workforce to increase its efficiency.
“The department is deeply disappointed that Jewish students studying on elite US campuses continue to fear for their safety amid the relentless antisemitic eruptions that have severely disrupted campus life for more than a year,” Education Secretary Linda McMahon said in March. “US colleges and universities benefit from enormous public investments funded by US taxpayers. That support is a privilege, and it is contingent on scrupulous adherence to federal antidiscrimination laws.”
Follow Dion J. Pierre @DionJPierre.
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Pressure Mounts on UN Members to Block Reappointment of Controversial Anti-Israel Official
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
The United Nations is facing growing pressure to block the reappointment of Special Rapporteur Francesca Albanese, who has an extensive history of using her role to denigrate Israel and seemingly rationalize the terrorist group Hamas’s attacks against the Jewish state.
The UN Human Rights Council (UNHRC) is set to reappoint Albanese for another three-year term on Friday, despite calls from several countries and NGOs urging UN members to oppose her reappointment due to her controversial remarks and alleged pro-Hamas stance.
Since taking on the role of UN special rapporteur on human rights in the Palestinian territories in 2022, Albanese has been at the center of controversy due to what critics, including US and European lawmakers, have described as antisemitic and anti-Israel public remarks.
In the months following the Hamas-led Oct. 7, 2023, atrocities, across southern Israel, Albanese accused Israel of perpetrating a “genocide” against the Palestinian people in revenge for the attacks and circulated a widely derided and heavily disputed report alleging that 186,000 people have been killed in Gaza as a result of Israeli actions.
She has also previously made comments about a “Jewish lobby” controlling America and Europe, compared Israel to Nazi Germany, and stated that Hamas’s violence against Israelis — including rape, murder, and kidnapping — needs to be “put in context.”
Last year, the United Nations launched a probe into Albanese for allegedly accepting a trip to Australia funded by pro-Hamas organizations.
In the past, she has also celebrated the anti-Israel protesters rampaging across US college campuses, saying they represent a “revolution” and that they give her “hope.”
On Monday, US Rep. Brian Mast, chair of the House Foreign Affairs Committee, sent a letter to the president of the UNHRC, Ambassador Jürg Lauber, to express his strong opposition to Albanese’s reappointment.
In the letter, Mast claimed that Albanese has failed to act “in an independent capacity with a professional, impartial assessment, and maintain the highest standards of efficiency, competence, and integrity.”
“Ms. Albanese unapologetically uses her position as a UN special rapporteur to purvey and attempt to legitimize antisemitic tropes, while serving as a Hamas apologist,” the letter read.
“In her malicious fixation, she has even called for Israel to be removed from the United Nations while likening Israel to apartheid South Africa,” Mast wrote in a letter signed by six fellow lawmakers. “Regrettably, Ms. Albanese’s rhetoric has perverted the very institution and its foundational principles in which she was appointed to serve.”
Governments worldwide, including France, the UK, Germany, Canada, and the Netherlands, have condemned her statements as antisemitic and urged that she not be given another term in her role.
Last month, 42 members of the French Parliament publicly urged the government to oppose Albanese’s reappointment, arguing that it “would send a regrettable signal to victims, human rights defenders, and states committed to credible multilateralism.”
This week, British Labour Member of Parliament David Taylor also objected to Albanese’s reappointment, saying “there is no place for such alleged antisemitism on the international stage.”
“Albanese’s response to the largest antisemitic massacre of the 21st century was to describe it as ‘a response to Israel’s oppression,’” Taylor told the Jewish Chronicle. “She described Israel as being a ‘settler colonial conquest.’”
“Making statements of this nature in a UN capacity is abhorrent and does so much damage to communities already torn apart by horrific violence, going against everything the United Nations stands for,” Taylor said.
Human rights groups and NGOs have also campaigned to prevent the anti-Israel rapporteur from receiving a second term.
UN Watch, a Geneva-based NGO, has organized a petition against her reappointment, which has garnered over 83,000 signatures.
Last month, Maram Stern, executive vice president of the World Jewish Congress, sent a letter to the president of the UNHRC urging him to reject the renewal of Albanese’s mandate, citing what she described as the UN official’s history of anti-Israel animus and antisemitic statements.
“Ms. Albanese has repeatedly made public remarks that propagate harmful antisemitic tropes, question the legitimacy of the State of Israel, and employ rhetoric that undermines the credibility of the Human Rights Council itself,” the letter read. “Her persistent lack of objectivity and failure to uphold a balanced and impartial approach required of her as special rapporteur compromises her credibility as an independent expert.”
The American Jewish Committee (AJC) also urged UN Members to reject Albanese’s second term, saying she “has systematically demonstrated a troubling pattern of conduct and expression that is incompatible with the responsibilities, neutrality, and integrity expected of a UN special rapporteur.”
“Her actions not only betray the victims of terrorism and antisemitism but also are a stain on the credibility of the Human Rights Council itself,” the AJC wrote in a letter.
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Three Jewish Coaches Lead Teams in NCAA Men’s Basketball Tournament Final Four
Florida Gators head coach Todd Golden and Auburn Tigers head coach Bruce Pearl talk before the game as Auburn Tigers take on Florida Gators at Neville Arena in Auburn, Ala., on Saturday, Feb. 8, 2025. Photo: USA TODAY NETWORK via Reuters Connect
The men’s 2025 NCAA Tournament Final Four bracket includes four No. 1 seed teams, three of which have Jewish coaches who will lead the way in the two national semifinals taking place on Saturday.
Auburn University Tigers head coach Bruce Pearl has contributed Auburn’s success in the NCAA in part to God and his Jewish faith. He described Israel as the “ancestral homeland for the Jewish people” and called for the release of American-Israeli Edan Alexander from Hamas captivity at a post-game conference last month. He also took the Auburn team on a trip to Israel, where they made stops at the Western Wall and Yad Vashem – The World Holocaust Remembrance Center.
The Tigers will compete on Saturday in the NCAA Tournament Final Four against the Florida Gators whose Jewish coach, Todd Golden, is an Israeli citizen who previously played two years professionally for Maccabi Haifa in Israel.
In 2009, Golden was co-captain of the USA Open Team, coached by Pearl, that won gold at the Maccabiah Games, which is an international multi-sport event for Jewish and Israeli athletes. Golden has been the coach of the Tigers for two seasons, but prior to that he was the assistant coach at Columbia, the head coach at San Francisco, and even worked under Pearl. Golden was director of basketball operations for the Auburn staff for the 2014-15 season and was promoted to assistant coach for the 2015-16 campaign.
Duke and Houston also play each other on Saturday in the Final Four. The head coach of the Duke Blue Devils, Jon Scheyer, also formerly played in Israel and holds Israeli citizenship. He played professionally for Maccabi Tel Aviv from 2011-12. In October 2023, not long after the start of the Israel-Hamas war, Scheyer commented on the conflict and said in part: “My heart breaks for the people in Israel — that have hostages, American lives that are taken, mourning loved ones.” Scheyer is leading Duke to the Final Four in only his third year as head coach.
The Houston Cougars – the fourth men’s team competing in the Final Four – do not have a Jewish coach, but they have a player who was born in Israel and played for Israel’s national youth squad. Guard Emanuel Sharp, who is the son of Derrick Sharp, was part of Israel’s under-16 national basketball team and also played for Maccabi Tel Aviv for over a decade.
This year’s Final Four have a combined record of 135-16. Since seeding began in 1979, this is only the second time in history that all four No. 1 seeds advanced to the Final Four. It previously happened in 2008. Larry Brown was the last Jewish coach to win the NCAA Tournament when he led Kansas to the victory in 1988.
The 2025 NCAA Tournament Final Four begins on Saturday, with two national semifinals taking place at the Alamodome in San Antonio, and ends on Monday with the national championship.
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