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The Targeted Killing of Hamas Leader Yahya Sinwar Was Completely Legal
Hamas leader Yahya Sinwar looks on as Palestinian Hamas supporters take part in an anti-Israel rally over tension in Jerusalem’s Al-Aqsa mosque, in Gaza City, Oct. 1, 2022. Photo: REUTERS/Mohammed Salem
In assessing Israel’s targeted killing of Hamas leader Yahya Sinwar, two separate but overlapping standards should be applied: legal and operational. Though these kinds of operations may not necessarily diminish long-term terror threats, the argument favoring their lawfulness is unassailable. This argument stems from the anarchic structure of world politics and the corresponding right of states to protect their citizens from criminal slaughter.
World legal authority remains a “self-help” system of justice. Accordingly, it was an act of law-enforcement that successfully eliminated Hamas mastermind Yahya Sinwar. “The safety of the people,” we may learn from Roman philosopher Cicero, “shall be the highest law.”
Under international law, which is binding on all sovereign states, terrorism represents a crime that should be prevented and must be punished. Rooted in ancient Jewish law (the Torah) as well as Roman law, a universal rule now prevails: “No crime without a punishment.” It can be verified, among other sources, at the London Charter (Nuremberg Tribunal) of August 8, 1945.
In formal jurisprudence, terrorists are known as hostes humani generis or “common enemies of humankind.” While the world legal system allows or even encourages certain insurgencies on matters of “self-determination,” there is nothing about these matters that can ever justify deliberate attacks on civilians. An integral part of all criminal law is the relevance of mens rea or “criminal intent.”
There can be no reasonable comparisons of Sinwar’s deliberate mass murder of Israeli noncombatants and the unintended civilian harms suffered by Palestinians in Gaza.
As a matter of law, responsibility for such ongoing harms falls on the “perfidious” behavior (i.e., “human shields”) of Hamas, not on Israeli forces acting on behalf of legitimate self-defense. Under the law of war, even where an insurgent use of force has supportable “just cause,” it must still fight with “just means.” In the case of jihadist terror crimes against Israel, there is further reason for legitimate doubt about a “just” Palestinian cause.
At first, to accept the targeted killings of terrorist leaders as law-enforcement could appear to disregard the usual legal obligations of “due process.” But world politics are not overseen by the same civil protections offered by national governments. Left unchallenged as individuals, terrorist criminals like Sinwar would launch persistent attacks on men, women, and children with a law-mocking impunity.
The willfully indiscriminate nature of Hamas terrorist operations is well documented. Such intentional blurring of lines between lawful and unlawful targets is rooted in the generic principles of “holy war.” An oft-repeated remark by Sheikh Omar Bakri Muhammad, a formerly prominent Muslim cleric, explained core doctrinal linkages between Islamist terror and jihad. Said the Sheikh without apology: “We don’t make a distinction between civilians and non-civilians, innocents and non-innocents. Only between Muslims and unbelievers. And the life of an unbeliever [a Jew or Christian] has no value. It has no sanctity.”
International law is not a suicide pact. As was clarified on October 7, 2023, jihadist attackers add gratuitously barbarous effects to primal ideologies. At “bottom line,” their belief systems gleefully embrace the slaughter of “unbelievers.” Though chest-thumping Hamas criminals call themselves “martyrs,” the death they seem anxious to suffer is just a transient inconvenience on the “sacred path” to eternality.
There is more. Hamas and other terror groups remain dedicated to the idea that any peace agreement with Israel represents an intolerable abomination to Islam. Facing such implacable enemies within a self-help system of international law, Israel deserves the self-defending right to target refractory terrorist leaders. Determining whether such self-help remedies are militarily sound, however, raises another question altogether. What is most noteworthy about the targeted killing of terrorist leaders like Sinwar is not its inherent permissibility in law, but a widespread unwillingness to acknowledge this critical right of self-defense.
Under the international law principles governing insurgencies, ends can never justify the means. A cause, even if it is arguably just, can never excuse unjust means against the innocent.
By the authoritative standards of contemporary jurisprudence, terrorists are comparable to pirates, subject to punishment (originally, hanging) by the first persons into whose hands they fall. Presently, terrorists remain international outlaws who fall within the operational scope of “universal jurisdiction.” This means that any state can reasonably claim a valid right to arrest, prosecute and target the offenders.
In this connection, even if the IDF fighters who killed Sinwar were unaware that he was the actual target of their “in progress” operation, the fact that the operation was part of a broader and ongoing military attempt to remove him signals a law-enforcing killing. Prima facie, Israel’s entire “Swords of Iron” war centers on terrorist “decapitation.” Unambiguously, Sinwar was “head of the snake.”
History warrants some additional pride of place. Support for a limited right to the targeted killing of “common enemies of humankind” can be found in classical writings of Aristotle, Plutarch, and Cicero — and specifically in Jewish philosophy. This philosophy ranges from the Sicarii (who flourished at the time of destruction of the Second Temple) to Lehi (who fought the British mandatory authority after World War II).
Sometimes, targeted killings, subject to applicable legal rules, could offer the least injurious form of national self-protection. In cases where mass-destruction terror-crimes might be contemplated, the legal acceptability of violent self-help measures would be far greater ipso facto. In our continuously anarchic system of international law, this proposition assuredly lies “beyond any reasonable doubt.”
Counterterrorism should always be governed by rational and justice-oriented decision-making processes. If the expected costs of a targeted assassination appear lower than the expected costs of all other plausible self-defense options, such an operation must emerge as the patently correct choice. However odious it might first appear in vacuo, targeted killing in such circumstances would offer a beleaguered state like Israel the most discriminate path to security from terrorist criminality.
Sir William Blackstone’s 18th century Commentaries (the founding document of United States law) explain that because international law is an integral part of each individual state’s “common law,” all states are “expected to aid and enforce the law of nations.” This obligation should be accomplished “by inflicting an adequate punishment upon the offenses against that universal law.” Derivatively, therefore, by its removal of Hamas terrorist leader Yahya Sinwar, Israel acted not in violation of the law of nations, but in its indispensable enforcement.
Recalling Cicero in The Laws: “The safety of the people shall be the highest law.”
Prof. Louis René Beres was educated at Princeton (Ph.D., 1971) and is the author of many books and scholarly articles dealing with international law, nuclear strategy, nuclear war, and terrorism. In Israel, Prof. Beres was Chair of Project Daniel (PM Sharon). His 12th and latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2016; 2nd ed., 2018).
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Israeli Troops Capture Around 100 Hamas Terrorists in North Gaza Hospital, Military Says
Israeli soldiers operate in the Gaza Strip amid the ongoing conflict between Israel and the Palestinian terror group Hamas, in this handout picture released on Jan. 2, 2024. Photo: Israel Defense Forces/Handout via REUTERS
Israeli soldiers captured around 100 suspected Hamas terrorists during a raid in Kamal Adwan hospital in northern Gaza, the military said on Monday.
Gaza health officials and Hamas have denied any militant presence at the hospital, which Israeli forces stormed on Friday and left on Saturday.
“The soldiers apprehended approximately 100 terrorists from the compound, including terrorists who attempted to escape during the evacuation of civilians. Inside the hospital, they found weapons, terror funds, and intelligence documents,” the military said.
Gaza‘s health ministry, which is controlled by the Palestinian terrorist group Hamas, said the troops had detained dozens of male medical staffers and damaged the hospital.
“A few of the fully identified terrorists disguised themselves as medical staff so we didn’t have any alternative but to check the medical staff as well,” a military official told journalists in an online briefing.
Footage circulated by Gaza‘s health ministry on Saturday — which Reuters could not immediately verify — showed damage to several buildings after the Israeli forces withdrew.
The military official said that troops had caused limited damage to the hospital when entering it and that soldiers also had to destroy what he described as “dual use” equipment, like oxygen tanks, which if detonated could have harmed anyone at the complex.
Medical staffers refused to evacuate the hospital or leave their patients unattended. Hundreds of displaced Palestinians had also been sheltering there.
The military official said that suspected Hamas men arrested were stripped to check them for weapons. “After checking them we supplied them with clothes,” he said.
Gaza medics said at least two children had died inside the intensive care unit after Israeli fire hit the generators and oxygen station in the facility on Friday.
The military said civilians at the hospital were kept safe, despite heavy fighting near the complex. Fuel, medical equipment, and blood units had been provided to the hospital and electricity and oxygen supply had been ensured, it said.
Captured Palestinian militants have confessed that terrorists had taken over all of the hospitals in Gaza, using the medical facilities to hide military activities and launch attacks.
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X Suspends Iranian Supreme Leader’s New Hebrew-Language Account
Iran’s Supreme Leader Ayatollah Ali Khamenei speaks during a meeting with Iran’s parliament members in Tehran, Iran, July 21, 2024. Photo: Office of the Iranian Supreme Leader/WANA (West Asia News Agency)/Handout via REUTERS/File Photo
JNS.org — Social media platform X, formerly known as Twitter, on Sunday suspended an official account of Iranian Supreme Leader Ali Khamenei, one day after it was created.
The suspension of the @Khamenei_Heb account came shortly after it featured the tweet: “The Zionist regime made a mistake. It erred in its calculations on Iran. We will cause it to understand what kind of strength, ability, initiative, and will the Iranian nation has.”
The tweet appeared to be a reference to Israel’s Oct. 26 retaliation for the Islamic Republic’s Oct. 1 ballistic missile attack.
X is owned by Elon Musk, who has expressed support of Israel. He visited Israel in November and attended Israeli Prime Minister Benjamin Netanyahu’s speech in Congress in July. He is also on record as advocating free speech on X and in general.
X did not immediately say why it suspended Khamenei’s account. The notice about the suspension referred readers to a text on X’s website that explains that suspended accounts were “found to be in violation of our rules,” which prohibit “violent and hateful entities.”
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Michelle Obama Backs Harris in Michigan, Where Trump Courts Muslim Vote
Kamala Harris and Michelle Obama, Kalamazoo, Michigan, October 26, 2024. Photo: REUTERS/Rebecca Cook
Republican Donald Trump appealed to Muslim voters in Michigan on Saturday as Michelle Obama made an impassioned plea on behalf of Kamala Harris at the Democrat’s own rally in the battleground state.
In Michigan, Harris and Trump are battling for voters that include an Arab American and Muslim population concerned about Israel’s bombardment of Gaza, and union workers worried about how electric vehicles could reshape the US auto industry, which is headquartered in Detroit, the state’s largest city.
Election Day is Nov. 5 but early voting was under way in Michigan, as it is many states.
Speaking at a rally outside Detroit, Trump said he had just met with a group of local imams, arguing that he deserved the support of Muslim voters because he would end conflicts and bring peace to the Middle East.
“That’s all they want,” Trump said in the Detroit suburb of Novi, also pledging to auto workers at the rally that he would reverse economic decline in the Detroit area and nationwide.
Trump fully backs Israel but has not said how he would end the conflict there.
Even so, Trump appears to be gaining support from some Muslim Americans upset with President Joe Biden’s and Harris’ support of Israel, and despite Trump banning immigration from some Muslim majority countries in his first term as president.
Imam Belal Alzuhairi of the Islamic Center of Detroit joined Trump on stage, saying, “we ask Muslims to stand with President Trump because he promises peace.”
With some 8.4 million registered voters and 15 electoral college votes of the 270 needed to win, Michigan is one of seven competitive US states that will decide the election. It is part of the “Blue Wall” that is considered Democrats’ best chance of electing Harris, along with Pennsylvania and Wisconsin.
OBAMA TAKES THE STAGE
In the southern Michigan city of Kalamazoo, about 130 miles (210 km) away, Harris drew contrasts between her and Trump on issues such as abortion rights, taxes and healthcare.
But first Obama, the popular wife of former President Barack Obama, fired up the crowd by drawing distinctions between the two candidates on personal character and qualifications, saying there was a double standard in how Trump and Harris were being treated.
“I hope you’ll forgive me that I’m a little frustrated that some of us are choosing to ignore Trump’s gross incompetence while asking Kamala to dazzle us at every turn,” the former first lady said, urging any undecided voters to “snap out of whatever fog they’re in.”
Obama also addressed women’s health at length, saying Trump has failed to demonstrate understanding of its complexity and that his vows to rescind the Affordable Care Act passed during her husband’s presidency would affect the “entirety of women’s health, all of it.”
“We as women will become collateral damage to your rage,” she said, later introducing Harris to an animated crowd.
Harris was several minutes into an upbeat address when she was interrupted by a demonstrator who repeatedly yelled, “No more Gaza war.”
After Harris supporters shouted down the interruption, Harris responded, “On the topic of Gaza, we must end that war,” then picked up where she left off, asking voters to “turn the page on the fear and the divisiveness.”
“Over the last eight years, Donald Trump has become more confused, more unstable and more angry, and it is clear he has become increasingly unhinged. But the last time, at least there were people who could control him, but notice they’re not with him this time,” Harris said.
Ahead of the rally, Harris met with women medical providers in Portage, Michigan, where she said the country was in a healthcare crisis following the 2022 ruling by the US Supreme Court that overturned Roe v. Wade, which had guaranteed a women’s right to abortion nationwide.
Harris heard from six women medical providers who described being inundated by patients from other regions due to a lack of reproductive healthcare in their areas since Roe was overturned.
After leaving Michigan, Trump traveled to Pennsylvania, where he tried to reel in young voters with a rally on the campus of Penn State University, at one point bringing the school’s wrestling team on stage with him.
“We have to finish it off with a big victory on Nov. 5,” he said.
POLLS SHOW TIGHT RACE
Harris is leading Trump nationally by a marginal 46% to 43%, a recent Reuters/Ipsos poll showed. In Michigan, Harris leads by even less – 47.6% to 47.1%, according to opinion poll aggregator FiveThirtyEight.
Since the 2020 election, Michigan has instituted early in-person voting for the first time and begun permitting jurisdictions with more than 5,000 people to begin processing and tabulating mail ballots eight days before the Nov. 5 Election Day.
So far, 19.5% of registered voters in Michigan, or nearly 1.42 million people, have voted, Michigan’s State Department said on Friday. Only 10,900 were in-person early votes, while the rest were returned absentee ballots.
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