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The Legal Responsibility for the War in Gaza Belongs to Hamas

Hamas terrorists carry grenade launchers at the funeral of Marwan Issa, a senior Hamas deputy military commander who was killed in an Israeli airstrike during the conflict between Israel and Hamas, amid a ceasefire between Israel and Hamas, in the central Gaza Strip, Feb. 7, 2025. Photo: REUTERS/Ramadan Abed

Seeing may require distance. Though it could first appear that Palestinian suffering in Gaza is the result of indiscriminate or “disproportionate” Israeli military operations, a correct explanation lies only in conflict origins. Accordingly, legal responsibility for noncombatant Palestinian harms in Gaza is discoverable in Hamas terrorism.

Israel “disengaged” from Gaza 20 years ago, but Palestinian leaders abused that opportunity and continuously expanded jihadi terror. In essence, terror — violence against Israeli civilians has never been oriented to “statehood,” “self-determination,” or “sovereignty.” Instead, this lascivious violence has celebrated barbarism for its own sake and the incomparable benefits of “martyrdom.”

“The safety of the people,” says Cicero, “shall be the highest law.” Israel has an inherent right to survival and self-defense. While the harms inflicted by Israeli counter-terrorism are collateral to international law-enforcement, the harms perpetrated on Israeli civilian hostages by Hamas and related jihadists are the product of intentional law-violation.

Hamas’ crimes of October 7, 2023 — murder, rape and hostage-taking — represent egregious violations of humanitarian international law. Under “peremptory” or “jus cogens” international rules, all states — not just Israel — have a codified and customary obligation to punish the terror-criminals. An integral part of the Nuremberg Principles (1950), this obligation stipulates, “No crime without a punishment.”

What about allegations of Israeli “disproportionality”?  In law, rules of proportionality have nothing to do with inflicting symmetrical or equivalent harms. Rather, these rules derive from the fundamental principle that belligerent rights of insurgent groups and nation-states always have variously specific limitations.

In law, even where an insurgency has presumptively “just cause,” it must still satisfy the expectations of “just means.” Even if Hamas and its sister terror groups would have a genuine right to fight against an Israeli “occupation,” that fight would still need to respect long-established limitations of “distinction,” “proportionality” and “military necessity.”’

Firing rockets into Israeli civilian areas, and placing military assets amid Palestinian civilian populations represents a “perfidious” crime of war. Moreover, any taking of civilian hostages, whatever the supposed cause, represents unpardonable criminality.

Deception can be lawful in armed conflict, but The Hague’s Regulations disallow any placement of military assets or personnel in populated civilian areas. Related prohibitions of perfidy can be found at Protocol I of 1977, additional to the Geneva Conventions of August 12, 1949.  These rules are also binding on the basis of customary international law, a jurisprudential source identified at Article 38 of the 1945 Statute of the International Court of Justice.

All combatants, including Palestinian insurgents fighting for “self-determination,” are bound by the law of war. This rudimentary requirement is found at Article 3, common to the four Geneva Conventions of 1949. It cannot be suspended or abrogated. Israel, too, is bound by the law of war, but Gaza conflict actions that kill or injure Palestinian civilians are without “criminal intent” or mens rea.

Prima facie, the alleged goal of Palestinian “self-determination” is founded on an intended crime — “removal” of the Jewish State by attrition and annihilation. This openly genocidal orientation has its origins in the PLO’s “Phased Plan” of June 9, 1974. In its 12th Session, the PLO’s highest deliberative body, the Palestinian National Council, reiterated the terror-organization’s aim “to achieve their rights to return, and to self-determination on the whole of their homeland.”

For Israel, the existential threat is no longer a “Pan-Arab War.” At some still-ambiguous point, Hamas or kindred jihadists could launch assorted mega-terror attacks on Israel. Such potentially perfidious aggressions, unprecedented and in cooperation with non-Palestinian jihadists, could include chemical, biological, or radiological weapons.

Foreseeable perils could also include a non-nuclear terrorist attack on the Israeli reactor at Dimona. There exists a documented history of enemy assaults against this Israeli plutonium-production facility, both by Iraq in 1991 and by Hamas in 2014.

International law is not a suicide pact. Even amid world-system anarchy, such law offers a binding body of rules and procedures that permits a beleaguered state to express its “inherent right of self-defense.” But when Hamas celebrates the explosive “martyrdom” of jihadi-manipulated Palestinian civilians and Palestinian leaders seek “redemption” (i.e., power over death) through the rape, torture, and mass-murder of “Jews,” the wrongdoers have no supportable claims to immunity.

In law, all law, truth is exculpatory. Regarding the present Gaza War, legal truth ought not to be suppressed or disregarded. Israel is waging a necessary war against an exterminatory foe.

In assessing this or any other transnational belligerency, it is the obligation of every state to “aid and enforce the law of nations.” This means a law-based responsibility to support Israel’s counter-terrorism operations wherever they are conducted according to Humanitarian International Law. Though it may currently appear that these operations sometimes fall short of HIL expectations, it is jihadi “perfidy” that is legally responsible for Palestinian civilian harms.

Israel’s military operations in Gaza have always sought to prevent and punish terror-crimes. In the final analysis, it is willful acts of “criminal intent” by jihadists that create and sustain Gaza’s abhorrent conditions. The only meaningful way to improve these conditions is for Hamas-manipulated Palestinians to stand conspicuously against terror-violence. There is no other way.

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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Amid Rising Antisemitism, American Jews Make Aliyah to Israel Seeking Safety, Community, Impact

Olim gather at JFK Airport in New York, preparing to board Nefesh B’Nefesh’s 65th charter flight to Israel. Photo: The Algemeiner

NEW YORK/TEL AVIV — Confronted with rising antisemitism and unease in the United States, a growing number of American Jews are choosing to make aliyah, embracing the risks of war in the Middle East for the chance to build new lives and foster meaningful communities.

On Wednesday, 225 new olim arrived in Tel Aviv on the first charter aliyah flight since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.

Aliyah refers to the process of Jews immigrating to Israel, and olim refers to those who make this journey.

Nefesh B’Nefesh (NBN) — a nonprofit that promotes and facilitates aliyah from the US and Canada — brought its 65th charter flight from New York, which The Algemeiner joined.

Founded in 2002, NBN helps olim become fully integrated members of Israeli society, simplifying the aliyah process and providing essential resources and guidance.

In partnership with Israel’s Ministry of Aliyah and Integration, the Jewish Agency for Israel, Keren Kayemeth, and the Jewish National Fund, NBN has helped nearly 100,000 olim build thriving new lives in Israel.

Shawn Fink is one of the 225 people who embarked on the life-changing journey earlier this week, leaving Cleveland, Ohio, with his wife, Liz, and their son.

For Fink and his family, making aliyah was driven not only by their love for Israel and desire to build a new community, but also by the escalating threats and uncertainties facing Jewish communities abroad since the outbreak of the war in Gaza.

“Mostly, we were frustrated with the direction the United States is taking, and the rise in antisemitism was a major concern for us,” Fink told The Algemeiner.

Like many countries around the world, the US has seen an alarming rise in antisemitic incidents and anti-Israel sentiment since the Oct. 7 atrocities.

According to the latest data issued by the FBI, hate crimes perpetrated against Jews increased by 5.8 percent in 2024 to 1,938, the largest total recorded in over 30 years of the federal agency’s counting them.

A striking 69 percent of all religion-based hate crimes that were reported to the FBI in 2024 targeted Jews, who constitute just 2 percent of the US population, with 2,041 out of 2,942 total such incidents being antisemitic in nature. Muslims were targeted the next highest amount as the victims of 256 offenses, or about 9 percent of the total.

Fink explained that the increasing costs of living a Jewish life in the US — from education to kosher food — weighed heavily on his family’s decision to make the move to Israel.

While they first considered making aliyah five years ago, Fink and his family had to put the plans on hold for personal reasons — returning to the idea only in the past few months when the timing finally worked in their favor.

“We started planning it seriously in November and began the entire process with Nefesh B’Nefesh,” Fink told The Algemeiner. “It’s been a nonstop whirlwind ever since.”

For them, the current war did not stop their plans, but it did influence the cities they explored for their new home.

“The war really reinforced for us the importance of supporting Israel and our community,” Fink said. “By making aliyah, we felt we could do even more to help.”

Even though it is difficult to leave behind family and close friends, they look forward to reconnecting with friends in Israel, making new connections, and building a vibrant new community.

“Making aliyah in less than six months has been a whirlwind. I’d encourage anyone considering it to give themselves at least twice as much time, double the budget, and be prepared for plenty of unexpected starts and stops along the way,” Fink told The Algemeiner.

Nefesh B’Nefesh provides assistance to families throughout their entire aliyah journey, offering guidance before relocating and continued support once in Israel.

The Israeli government also complements these efforts with resources and financial incentives to help newcomers settle and ease their transition into their new lives.

“Once the ticket is finally in your hand and you’re waiting to board the plane, you realize that all the challenges and obstacles along the way were worth it,” Fink said.

Veronica Zaragovia was also one of the 225 olim who joined the flight earlier this week.

Similarly to Fink and his family, Zaragovia decided to make aliyah, driven not just by her love for Israel, but also by the increasing challenges of being Jewish abroad and the hope of making a meaningful impact by serving her community.

From Florida, she embarked on the journey alone, excited for all the new opportunities and possibilities that awaited her in her new home.

“I want to take pride in being Jewish and in Israel — that’s why I’m making aliyah,” she told The Algemeiner, reflecting on the move she has been planning for the past two years.

“It’s a huge concern for me that in some places in the US, I can’t — or maybe shouldn’t — wear my Star of David necklace,” she said. “I don’t feel that Jews can be fully safe anywhere in the country. The rise in antisemitism has been truly shocking and deeply concerning.”

Zaragovia, who worked as a journalist in the US, said her love for storytelling and uncovering the truth played a key role in her decision to make this move.

“After Oct. 7, I felt that the way my colleagues and other journalists were covering Israel was wrong and unfair,” she said.

“As someone whose career is built on facts and truth, I didn’t see that reflected in their reporting. That’s why I decided to make a difference by being there myself,” she continued.

Rather than deterring her decision to make a change, Zaragovia explained that the current war only reinforced it.

“It became clear that I needed to go, be there with my people, and make a difference through my work,” she said. “I couldn’t have done this without Nefesh B’Nefesh. They’ve been incredible, guiding me every step of the way from start to finish.”

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Mike Huckabee, Israeli Government Push Back Against Claims of ‘Famine’ in Gaza

US Ambassador to Israel Mike Huckabee looks on during the day he visits the Western Wall, Judaism’s holiest prayer site, in Jerusalem’s Old City, April 18, 2025. Photo: REUTERS/Ronen Zvulun

The Israeli government and the US Ambassador to Israel, Mike Huckabee, are pushing back against international criticism after a UN-backed authority declared a famine is taking place in Gaza.

“To the uninformed who claim Israel is starving Gaza, get the facts & read the thread below,” Huckabee said on X on Friday. “Tons of food has gone into Gaza but Hamas savages stole it, ate lots of it to become corpulent, sold it on [the] black market but they didn’t give it to the hostages.”

His comments came hours after the Integrated Food Security Phase Classification (IPC), the global body that monitors hunger crises, reported that famine thresholds had been met in Gaza City and surrounding areas, with more than half a million people already experiencing catastrophic levels of hunger. The IPC warned that the number could rise to 641,000 by the end of September if conditions do not improve.

The office of Israeli Prime Minister Benjamin Netanyahu, in a post on X, dismissed the IPC’s conclusions as “an outright lie,” insisting Israel “does not have a policy of starvation” but rather “a policy of preventing starvation.” Israeli officials note that thousands of aid trucks have entered Gaza and blame the ruling Hamas terror group for diverting supplies.

Huckabee’s remarks echoed that position, framing the Islamist group as the central cause of hunger. Israeli leaders and their allies accuse Hamas of stealing food, hoarding aid, and reselling goods on the black market at inflated prices instead of distributing them to civilians or releasing Israeli hostages.

The United States and Israel set up the Gaza Humanitarian Foundation (GHF) earlier this year to coordinate aid deliveries outside of UN channels, after accusing Hamas of exploiting international assistance. The group says it delivers more than a million meals a day, but humanitarian organizations counter that the aid falls far short of what is needed.

Distribution sites have often descended into chaos, with starving crowds surging around convoys. Human rights groups have described the alleged famine as a “man-made catastrophe” and accused Israel of weaponizing hunger.

Israel recently increased the flow of humanitarian supplies into Gaza, after imposing a temporary embargo in an effort to keep them out of the hands of Hamas. While facilitating the entry of thousands of aid trucks into Gaza, Israeli officials have condemned the UN and other international aid agencies for their alleged failure to distribute supplies, noting much of the humanitarian assistance has been stalled at border crossings or stolen. According to UN data, the vast majority of humanitarian aid entering Gaza is intercepted before reaching its intended civilian recipients.

Last week, Israel’s Coordinator of Government Activities in the Territories (COGAT) released a report saying that Hamas has been inflating the death toll of Palestinians due to malnutrition and that most of those verified to have died had preexisting medical conditions.

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Italian Hospital Staff Discard Israeli-Made Medicine as Concerns Mount Globally of Antisemitism in Health Care

In Italy, Dr. Rita Segantini and nurse Giulia Checcacci throw products of the Israeli company Teva Pharmaceutical in the garbage in protest against Israel. Photo: Screenshot

Two medical workers in Italy filmed themselves discarding Israeli-made medicine in protest against the Jewish state at their workplace, fueling global concerns of antisemitism in health-care facilities as a doctor in the United Kingdom who praised Adolf Hitler was allowed back to work this month.

A doctor and a nurse who work at a community hospital in Pratovecchio Stia, near Arezzo in Tuscany, recently posted on social media a video of themselves dramatically throwing away products from Teva Pharmaceuticals, an Israeli company.

Dr. Daniel Radzik, a senior member of the Italian Jewish Medical Association, told Ynetnews that his organization is “very concerned about the event.”

“It’s evident that this act was not accidental, but carried out with the intention of encouraging the boycott of medicines produced in Israel,” he added.

Dr. Rita Segantini and nurse Giulia Checcacci apologized for the video following backlash, saying, “We apologize to anyone offended by the video. It was a symbolic gesture for peace. We did not actually throw away any medicine.”

In Italy, Dr. Rita Segantini and nurse Giulia Checcacci throw products of the Israeli company Teva Pharmaceutical in the garbage in protest of Israel. Photo: Screenshot

However, the Italian Jewish Medical Association was skeptical of the apology.

“They tried to explain in a very naive way. Because they say that their act was only symbolic, made for peace and that the medicine was only integrator and they don’t want really to throw them to the rubbish,” Radzik said.

The doctor and nurse claimed the items were not medications purchased by the hospital, but rather items such as wet wipes that are given out for free, and that they removed them from the trash after filming. Additionally, they claimed the video was filmed after working hours.

Meanwhile, a doctor in the UK was allowed to return to work this month after praising Hitler during an antisemitic rant and making racist comments about a colleague.

“All this antisemitism … if Hitler was around today, I would support him as he got rid of horrible f—kers like him,” Dr. Mili Shah said in reference to a colleague in 2021, according to British media.

In response, Shah was reportedly suspended for four months. However, a review by the Medical Practitioners Tribunal Service in July concluded Shah, who is no longer employed by NHS University Hospitals of Liverpool Group, is fit to return to work.

These recent incidents come as concerns mount globally over antisemitism in health-care spaces, with Jews feeling unsafe due to medical professionals expressing antisemitism or even outright death threats against Israelis.

In the UK, for example, the University College London Hospitals NHS Foundation Trust (UCLH Trust) issued an apology this past week following a patient’s complaints about the placement of anti-Israel posters at a facility. These posters — which read “Zionism is Poison,” called for a “Free Palestine,” and accused Israel of wantonly starving and killing Palestinians — led a patient to reach out to the group UK Lawyers for Israel, expressing fear of receiving subpar treatment if the hospital staff discovered she was Jewish. The chief executive of UCLH Trust released a statement apologizing for the posters.

Meanwhile, in a separate incident, midwife Fatimah Mohamied, who resigned from her position after UKLFI highlighted her anti-Israel social media posts, has now filed a claim against Chelsea and Westminster Hospital NHS Foundation Trust, alleging a violation of her rights. Mohamied’s posts included her defending and celebrating the Palestinian terrorist group Hamas’s Oct. 7, 2023, invasion and massacre across southern Israel.

Other Western countries have seen health-care providers’ antipathy toward Israel manifest as violent threats.

In the Netherlands, police opened an investigation into Batisma Chayat Sa’id, a nurse who allegedly stated she would administer lethal injections to Israeli patients.

Although Sa’id denied making the comments, claiming someone was “pretending to be me,” an account under her name also posted threatening messages aimed at Jewish people last year, including “Your time will come — don’t spare anyone,” and another in which she described the burial of Israelis in Gaza as “a dream come true.”

The nurse’s alleged threat mirrors a similar incident in Australia, in which video showed two nurses — Ahmad Rashad Nadir and Sarah Abu Lebdeh — posing as doctors and making inflammatory statements. The widely circulated footage showed Abu Lebdeh declaring she would refuse to treat Israeli patients and instead kill them, while Nadir made a throat-slitting gesture and claimed he had already killed many.

“Now they actually brag online about killing Israeli patients,” Shira Nussdorf, a US-born Jewish woman who moved from Israel to Australia six years ago, told The Algemeiner earlier this year when the video first emerged. “I don’t know how safe I would feel giving birth at that hospital.”

Following the incident, New South Wales authorities in Australia suspended their nursing registrations and banned them from working as nurses nationwide. They were also charged with federal offenses, including threatening violence against a group and using a carriage service to threaten, menace, and harass. If convicted, they face up to 22 years in prison.

The issue of antisemitism in medical facilities also extends to North America.

A December 2024 study by the Data & Analytics Department of StandWithUs, a Jewish civil rights group, found that 40 percent of 645 Jewish American health-care professionals surveyed reported experiencing antisemitism in the workplace. A similar study of Canadian Jewish health workers conducted last year reached 80 percent.

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