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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). 

The post The Targeted Killing of Hamas Leader Yahya Sinwar Was Completely Legal first appeared on Algemeiner.com.

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AOC Compares Israel-Hamas War to Vietnam, Says Conflict Has Been ‘Generationally Radicalizing’

US Rep. Alexandria Ocasio-Cortez (D-NY). Photo: Mike Jourdan/Flickr.

During an interview on left-wing internet talk show The Majority Report, Rep. Alexandria Ocasio-Cortez (AOC) agreed that the ongoing conflict in Gaza is comparable to the Vietnam War, arguing that America’s strident support of Israel has radicalized younger Americans. 

While interviewing AOC, The Majority Report host Sam Seder argued that the Israel-Hamas war is “akin” to the Vietnam War. Seder suggested that “alternative media” such as TikTok, Youtube, or podcasts, have presented a harshly critical view of Israel’s conduct in Gaza, resulting in a wide-scale radicalization of young people against the Jewish state. 

If you’re under the age of 40 what’s gone on in Israel is in Palestine and Gaza in particular obviously and the West Bank for that matter is very different from your perception if you’re over the age of 40 because of where you get your media,” Seder said. 

AOC agreed, saying that she has “said this directly to Democratic leadership” and “ communicated this to the White House.” 

“This is our Vietnam. This is our, not just like in terms of the party, but this is just our country’s Vietnam. And what I think a lot of people do not yet understand, is they think that some of these hemorrhages are maybe ideological. They think maybe it is like an ethnic thing. I don’t think there is appreciation yet about how generationally radicalizing yeah this moment is, and how shocked people are at how far just like the general inertia is willing to go, as if we’re not seeing what’s happening right before our very eyes.”

AOC continued, labelling the Israel-Hamas war a “genocide” and arguing that the Democratic party needs to undermine Israel’s defense efforts if it aims to energize young voters and “reinstate an order around human rights.” 

Israel says it has gone to unprecedented lengths to try and avoid civilian casualties in Gaza, noting its efforts to evacuate areas before it targets them and to warn residents of impending military operations with leaflets, text messages, and other forms of communication. However, Hamas, which rules Gaza, has in many cases prevented people from leaving, according to the Israeli military.

Another challenge for Israel has been Hamas’s widely recognized military strategy of embedding its terrorists within Gaza’s civilian population and commandeering civilian facilities like hospitals, schools, and mosques to run operations and direct attacks.

Over the past year, AOC has repeatedly condemned the Jewish state’s response to the Hamas terrorist group’s brutal Oct. 7 slaughter of roughly 1200 people throughout southern Israel. AOC, a strident critic of Israel, has accused the Jewish state of committing a “genocide” and “ethnic cleansing” in Gaza. She has spearheaded calls for a “ceasefire” between Israel and Hamas. The progressive firebrand has also urged the Biden administration to implement an “arms embargo” against Israel. 

 

  

 

The post AOC Compares Israel-Hamas War to Vietnam, Says Conflict Has Been ‘Generationally Radicalizing’ first appeared on Algemeiner.com.

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Obituary: Stanley Diamond, 91, was a Montreal businessman-turned-genealogist whose research changed lives

Stanley Mark Diamond founded Jewish Records Indexing – Poland, the world’s largest special interest genealogy group. JRI – Poland was a “second act” in his life, combining his passion for Jewish continuity with his expertise as a Montreal business leader with a Harvard MBA.

Diamond died in Montreal on Dec.18. He was 91.

JRI – Poland grew over 30 years to approximately 170 volunteers on six continents around the world and amassed a database that now has 6.4 million records reflecting the lives of Polish Jews since the 1500s.

“Stanley had a two-fold superpower,” acting JRI – Poland executive director Robinn Magid says. “He was able to care about people and draw things out of them, but also to contribute and help. They go hand in handz but are not often found in the same person.”

In 1991, Diamond’s nephew was diagnosed as a carrier of beta thalassemia, and he created a family tree to alert relatives about their probability of having the gene. At the time, he was doing consulting work after selling his decorative ceiling business, Intalite, in 1986.

He began attending genealogy conferences and realized that the largest group of Jewish genealogists were Jews who traced their roots to the current or former country of Poland. In 1995, he partnered with two technology experts who had the skills to develop a website that could also incorporate archival information. Several months later, Diamond travelled to Poland with a colleague and persuaded the Polish State Archives to allow JRI – Poland to index his family’s ancestral town’s records. Just four months later, he returned to Poland with a printout of 40,000 entries, to the astonishment of the archives’ director, who then understood the value of the project.

Diamond hoped JRI – Poland would help people capture the essence of their ancestors. In addition to preserving their names, he wanted families to learn about their lives and about their values.

“JRI – Poland specializes in solving puzzles,” says Magid.

While some of these puzzles solve simple questions about basic family history, others are much more complex. The group has helped save lives by sharing information on hereditary health conditions. They have been able to repair damage caused by the Holocaust, connecting and reconnecting fragmented families who lost each other or did not know they even existed. They have assisted people who wanted to prove that they were Jewish and were entitled to an Orthodox Jewish wedding.

The group also assists Jews at risk. “Three years ago, when Putin invaded Ukraine, we saw an upswing in people writing us from Ukraine, Belarus, Russia, Poland and other places saying they needed to prove their Polish-Jewish heritage,” says Magid. “In the past we’ve had people from Venezuela and from various South American countries like Argentina. They are in countries that have gone through turmoil and feel at risk. They are either trying to prove their halachic Jewish heritage and move to Israel, or they are trying to prove their Polish-Jewish heritage to get a Polish passport and move to the European Union. These are the people who Stanley personally helped.”

Diamond also provided his research expertise for the television series Finding your Roots and Who Do You Think You Are?, and in 2016 located documentation for the Guinness organization that verified that Israeli Holocaust survivor Yisrael Kristal was the world’s oldest living man at age 112.

Diamond was born in Montreal to Harry and Annie Diamond. He attended West Hill High School and McGill, and graduated from Harvard Business School in 1958. He was an exceptional baseball player, playing in a semi-pro league. He met his wife, Ruth Peerlkamp, at a party, and they were married for 59 years.

“Stanley Diamond’s first passion was for his family, but that soon spread to your families,” daughter Jessika said in her eulogy. “He loved doing for others, advising other genealogists, teaching, speaking out on the importance of genetic testing, reuniting families separated in the Holocaust, finding lost heirs and potential bone marrow matches.” 

In 2021, Yad Vashem granted JRI – Poland third-party access to their Pages of Testimony. Diamond advocated for the organization to support amateur genealogists who could provide hard data, and they agreed for the first time.  

“He was passionate about his work and personally devoted to helping anyone who asked for assistance,” his daughter Rachel said. “He was president of the Jewish Genealogical Society of Montreal, and he was honored by the governor general of Canada with the Meritorious Service Medal. He considered it to be the crowning achievement of his second career. He had a huge footprint that will be felt for a very long time.” 

“It’s hard to imagine doing our jobs without Stanley Diamond advocating and referring and providing knowledge in the background of what we do for people,” said Janice Rosen, director of the Alex Dworkin Canadian Jewish Archives. “He was the go-to person in so many ways. The European side, the Canadian side. He was so determined to ferret out information to help people. He was involved in so many aspects of genealogy which grew out of his need to know about his own genetic background, and he made the whole world benefit from it.”

“We say people were lifetime learners. But more importantly, he was a lifetime contributor. And I don’t think we say that about many people,” said Magid. “He wanted to make a difference because he could envision something and get the right people to do it. And that is unique. He understood that we are part of a chain of continuity of the Jewish people.”

Diamond is survived by his wife, Ruth, daughters Paula, Rachel and Jessika, and his grandchildren.

The post Obituary: Stanley Diamond, 91, was a Montreal businessman-turned-genealogist whose research changed lives appeared first on The Canadian Jewish News.

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Dutch Court Blasted for ‘Woefully Insufficient’ Sentencing of Men Who Attacked Israeli Soccer Fans in Amsterdam

Israeli soccer fans under assault, near Amsterdam Central station, in Amsterdam, Netherlands, Nov. 8, 2024, in this still image obtained from a social media video. X/iAnnet/via REUTERS

A district court in Amsterdam sentenced five men on Tuesday for participating in violent attacks against Israeli soccer fans in the Dutch city last month, imposing punishments that were roundly criticized as inadequate by many pro-Israel supporters.

The five suspects were sentenced to community service and up to six months in jail for violent public assault, which included kicking fans of the Israeli soccer team Maccabi Tel Aviv before and after the team’s match against their Dutch rivals Ajax and inciting the premeditated and coordinated violence that took place on Nov. 7.

A man identified as Sefa O was given the longest sentence — six months in prison for public violence against several people, minus the time he has already been held in custody. Prosecutors argued that he had a “leading role” in the violence that ensued. In court earlier this month, images were shown of a man identified as Sefa O kicking a person on the ground, chasing fans of Maccabi Tel Aviv in the streets of Amsterdam, and punching people in the head and the body.

A man identified as Umutcan A was sentenced to one month in jail, and Rachid O, who shared messages in the Whatsapp group chat that incited the violence, was sentenced to 10 weeks in jail. Karavan S was given one month for the same offense. Nineteen-year-old Lucas D — the only one of the five men to appear in court for the sentencing on Tuesday — was tried under juvenile law and ordered to complete 100 hours of community service, minus his pre-trial detention. The young man helped incite violence by participating in chat conversations that called for people to gather and attack Maccabi Tel Aviv fans, according to the court, which added that he also sent discriminatory messages in the chat group.

The five men were given sentences that were much less than what prosecutors demanded. The court defended its ruling by saying that community service is typically ordered for such crimes and for first time criminal offenders, which some of the suspects are, but “given the seriousness of the facts and the context in which they took place, the court is of the opinion that a prison sentence is the only appropriate punishment.” However, many have argued that the sentencing is not severe enough.

“Seriously Amsterdam? 6 months maximum prison, while excusing their pogromist actions? Shame on you,” Arsen Ostrovsky, a leading human rights attorney and CEO of The International Legal Forum, said in a post on X. “No wonder Jew-hatred and Islamic extremism is out of control in the Netherlands!”

Tal-Or Cohen, the founder and CEO of CyberWell, a technology company that monitors antisemitism and Holocaust denial on social media, called the sentencing on Tuesday “a shameful slap on the wrist and CYA [cover your ass] by Dutch authorities.”

“One of the leaders of the Amsterdam pogrom ‘possessed illegal fireworks with the power of a hand grenade,’ – But according to Dutch prosecutors no need to pursue charges for terrorism,” she noted, citing a Dutch report about the violence. “What if the leaders of the ‘Jew-Hunt’ brought their grenade to a Christmas market in Amsterdam?”

The Center for Information and Documentation on Israel (CIDI) described the severity of the sentencing as “disappointing” on its website. In a post on X, it further called the punishment “regrettable” since it was much less than what prosecutors had hoped for. “Nevertheless,” the group said, “it is good that prison sentences were imposed and that community service alone was not enough.”

“This shows that the legal order is also shocked. There was no justification for the actions of that night,” the CIDI added. “With this verdict, we as a society draw a clear line that this is not acceptable and that we do not accept this violence. We hope that other suspects will soon be arrested and that prosecutions can be initiated with the same speed.”

Others on X called the sentencing “woefully insufficient,” a “joke,” and a “disgrace.”

“This was an opportunity to show that antisemitism comes with a price. A 6 month jail sentence does not serve as a deterrent,” said one social media user.

After a soccer match between Maccabi Tel Aviv and Ajax on the night of Nov. 7, Israeli soccer fans were attacked in the streets by assailants who physically assaulted them, ran them over by cars, chased them with knives and sticks, and forced them to say “Free Palestine” to avoid further harm. Chief prosecutor René de Beukelaer said “several dozen” people were attacked. The violence continued into the early hours of Nov. 8 and five Maccabi Tel Aviv fans were hospitalized for injuries sustained during the attack that has been described as a “pogrom.” Amsterdam Mayor Femke Halsema called the attackers “antisemitic hit-and-run squads” who went “Jew hunting.” 

Seven people appeared in court earlier this month in connection to the violence, but two of the cases have been delayed. The defense in one case requested a later date, to have more time to prepare evidence, and the second case, involving a Palestinian refugee accused of “attempted manslaughter,” is pushed back as the court awaits the results of a psychiatric evaluation, according to AFP. A total of 62 people were arrested on the day of the soccer match in relation to the violence, but most were released shortly afterward, the news outlet noted. Dutch police have already identified at least 45 suspects  and are trying to identify more.

The prosecutor previously said that the violence last month “had little to do” with soccer. “In this case, there was no evidence of … a terrorist intent and the violence was not motivated by antisemitic sentiment,” he claimed. “The violence was influenced by the situation in Gaza, not by antisemitism.”

More than 47 people who were attacked during the violence in Amsterdam have obtained legal counsel from The Lawfare Project, which is helping the victims review legal options after also assisting them in securing local counsel in Amsterdam.

The post Dutch Court Blasted for ‘Woefully Insufficient’ Sentencing of Men Who Attacked Israeli Soccer Fans in Amsterdam first appeared on Algemeiner.com.

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