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Is This Really a ‘Peace’ Agreement? History Says No
An aerial view shows the bodies of victims of an attack following a mass infiltration by Hamas gunmen from the Gaza Strip lying on the ground in Kibbutz Kfar Aza, in southern Israel, Oct. 10, 2023. Photo: REUTERS/Ilan Rosenberg
Whatever else is offered under the Israel-Hamas agreement, offering Palestinian statehood would undermine authoritative international law. To wit, beyond any reasonable doubt, both the Palestinian Authority (PA) and Hamas have been responsible for decades of barbarous anti-Israel terrorism. Moreover, the entities that operate this continuous criminality have never sought a Palestinian Arab state that would co-exist with the existing Jewish State. Always, its unhidden objective is to destroy Israel.
Corroborative evidence of this is abundant. In this “One-State Solution,” all of Israel would become part of “Palestine.” Already, on official PA and Hamas maps, all of Israel, not just Judea/Samaria (West Bank) and Gaza, is identified as “Occupied Palestine.” Cartographically, therefore, Israel has already been removed.
The PA and Hamas both remain clear about their commitment to terror-violence as the sole path to Palestinian “self-determination.” It follows that Palestinian prisoners now being exchanged for Israeli hostages will escalate criminal harms against the innocent. In all likelihood, the Trump-brokered agreement will set the stage for a force-multiplying encore of October 7 defilements. Significantly, previous prisoner releases by Israel produced new waves of anti-Israel terrorism.
In the future, what should Jerusalem say to new victim families of agreement-generated crimes?
Plausibly, over time, some freed terrorists will likely plan calibrated escalations to chemical, biological, or nuclear (radiation dispersal) terrorism. Also likely will be variously coordinated rocket attacks on Israel’s nuclear reactor at Dimona. Though generally forgotten, Hamas already launched such an attack in the past, but was not yet technically able to inflict serious levels of destruction. This earlier terrorist incapacity is rapidly disappearing.
Terrorism is a codified and customary crime under binding international law. Its explicit criminalization can be discovered at all listed sources of the UN’s Statute of the International Court of Justice. This signifies that whenever Palestinian jihadists claim the right to use “any means necessary” against an Israeli “occupation,” their arguments are unsupportable in relevant law.
After the “peace agreement,” the PA and Hamas will mirror their long-bloodied past. From the beginning, all supporters of Palestinian terror-violence against Israelis have maintained that the “sacred” end of Palestinian insurgency justifies the means. Leaving aside the everyday and ordinary ethical standards by which any such argument must be unacceptable, ends can never justify means under conventional or customary international law
Empty Palestinian witticisms notwithstanding, one person’s terrorist can never be another’s freedom-fighter.
While it is true that certain insurgencies can be lawful (for prominent example, “just cause” is at the heart of the US Declaration of Independence), even residually permissible resorts to force must conform to humanitarian international law. These resorts are distinction, proportionality, and military necessity — standards that were made applicable to insurgent armed forces by Article 3 of the four Geneva Conventions of 1949 and the 1977 Protocols to these Conventions.
Regarding the rule of “proportionality,” this does not demand equivalent or symmetrical force, only force that is measured against clearly-stated and legitimate goals.
Whenever an insurgent force resorts to unjust means, its actions become terroristic ipso facto. Even if ritualistic Palestinian claims of an Israeli “occupation” were reasonable, any corresponding right to oppose Israel “by any means necessary” would be false. Specifically, any openly unjust means would be an expression of criminal terrorism.
These unchallengeable or “peremptory” legal standards are also binding on all combatants by virtue of customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention (1907). This foundational rule, called the “Martens Clause,” makes all persons responsible for upholding the “laws of humanity” and the “dictates of public conscience.”
History deserves some pride of place. The Palestine Liberation Organization (PLO) was formed in 1964, three years before there were any “occupied territories.” What, therefore, was the PLO attempting to “liberate” between 1964 and 1967? There can be only one logical answer.
In law, terrorist crimes mandate universal cooperation in apprehension and punishment. As punishers of “grave breaches” under our decentralized system of international law, a system created after the Peace of Westphalia in 1648, all states are required to search out and prosecute, or to extradite, individual terrorist perpetrators. In no circumstances are states permitted to treat terrorists as “freedom fighters.”
There is more. States are never authorized to support terror-violence against other states, whether by direct action or by acting within protective terms of an international agreement. This is emphatically true for the United States, which identifies international law as the “supreme law of the land” at Article 6 of the Constitution and at assorted Supreme Court decisions. The American nation was formed by its Founding Fathers according to timeless legal principles of Sir William Blackstone’s Commentaries and the Hebrew Bible.
If the Trump-brokered Israel-Hamas agreement leads to Palestinian statehood, Israel could expect tangible enlargements of terror violence. And because some of the new state’s assaults on Israel would be ones of direct military action rather than insurgency, international law would identify these actions as “crimes of war.” Here, the only decipherable changes would be linguistic.
There is one final observation. As the Israel-Hamas agreement coincides with President Trump’s new mutual security pact with Doha, Palestinian terrorists and war criminals who flee to Qatar would be granted immunity from law-based punishments. Very quickly, such immunization could lead Hamas and other jihadi fighters to implement new and more insidious cycles of terrorist assault. None of these agreement outcomes could reasonably be called “peace.”
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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Eliya Smith says plot is what happens when you’re busy doing nothing
Eliya Smith’s dad has seen her play Dad Don’t Read This. He’s kvelled at its every iteration.
“He’s always like, ‘Are people gonna know that I’m Dad?’” Smith, 28, said on the day of the Knicks Victory Parade. The streets of the West Village, where we met for coffee, were teeming with orange and blue; she was wearing a baseball cap with some sort of bird, a heron or maybe a penguin, swallowing a fish.
“I always think it’s funny that he’s like, ‘I’m here and I have no complicated feelings.’”
Smith’s father isn’t the title character of the piece, which is about four high school friends, the computer game The Sims and the existential angst of adolescence, but technically he is. Smith started writing the show about a decade ago, during Thanksgiving break from Harvard. She needed the pages printed and emailed them to her father with the injunction as a kind of title page. (The following page read, “If you’re reading this page, it means you started to read. Stop reading.”)
The play is a work of fiction, as are all its characters. But the real-life command became a guiding principle — and the first lines — of the show.
“There is like a sort of frame of, ‘This play isn’t for you,’” said Smith, a former Forward editorial fellow who, last year made her Off-Broadway debut with the play Grief Camp. “I think the audience should reckon with the experience of watching it. Not that I’m like, ‘Fuck you for coming to my play,’ I’ll always be grateful, but I think my favorite parts of the play are when it really feels like they’re like doing the play for each other.”
Dad Don’t Read This is what Smith calls her first real, full play. Unsatisfied with her earlier attempts, she took a crack at writing what she knew: boredom and Ohio (in her mind synonymous) and the endless hours she spent in her basement chatting with friends. That and The Sims, the life simulator where players construct the world and circumstances of flailing, gibberish-spewing suburbanites.
“When I was in high school, I feel like I would sometimes play The Sims and be like, ‘If only it were this easy,’” Smith said. She had a cheat code that could defy Maslow’s Hierarchy of Needs: When a Sim had to pee, you could drag the need away. She found herself thinking, “’I wish I could do that for myself, that I could just like drag away the sadness.”
In the show, this sentiment is embodied by Mal (Amalia Yoo, hot off her turn as another high schooler in the midst of a best friend breakup in John Proctor is the Villain), who tries to manipulate her friends the way she does her pixilated people.
Smith isn’t Mal, but the character’s Ohio ennui (Smith’s from Columbus) and some of her feelings are true to her high school self. OK, Smith’s like her in one way: She, like Mal, had a cousin who gave her a Sims cheat code for unlimited money.
The connection between the world of The Sims, and the control it signifies, has a natural extension in playwriting.
“You become a playwright because you have control issues,” Smith conceded. “When I’m writing it on the page, I can manipulate the characters how I want, and then we start rehearsing it, and I lose a little more control, and then it’s like the more the play becomes its own thing.
“I think it is actually the reason I became a playwright, because I love the moment where my desire to control everything is sort of overruled,” Smith said. Still, it’s often painful for her to be present as her words are performed.
About the hat — the one with the bird — she often feels the need to wear one when she sits in the audience, not to be incognito (she’s been told it makes her more conspicuous) but to block some of her field of vision so she doesn’t have to see some patron sigh or look at their phone.

Smith and I move from the coffee shop — whose vibe she compares, no shade, to the fast fashion brand Brandy Melville — over to the Greenwich House Theatre, where Dad Don’t Read This just transferred from St. Luke’s Theatre in midtown, earning a New York Times Critic’s Pick.
We plop into swivel chairs in the dressing room and catch up. Eliya left the Forward in 2021 to go to grad school at UT Austin. She’s only really been living in New York full time for about a year, calling Park Slope home. Life in Austin, she said, felt almost like an extension of high school in Ohio. She’d drive around bored with her friends. She misses the heat.
“I feel like there’s a sort of leveling thing that happens,” she said between sips of her iced coffee. “I feel like in New York you like get off the subway and you somehow are supposed to not be sweaty from being like packed in with hundreds of other people underground, and I feel like in Texas it’s so hot that it’s just totally fine, everyone is kind of disheveled and gross, and it’s just like what the vibe is, and I feel like it’s really equalizing, like ‘We’re all like looking not our best,’ and I liked that.”
She has yet to write her Texas play — or her New York one.
“I feel like everything I write is on a five-year delay,” said Smith, whose produced plays often circle the Buckeye State. (Last season’s Grief Camp took place in Virginia, but also followed young people; another play, about Holocaust memory, was called Deadclass, Ohio and, aptly, played at the New Ohio Theatre in Manhattan.) “Until I was like 23 I was like I can only write about being 17.”
Her new projects, Two Girls, a metatheatrical work about a shock porn video, and Biography (her least autobiographical piece to date), are departures.
It’s hard to explain the exact vibe of Dad Don’t Read This. Some have likened Smith’s work to Annie Baker, who she knows from UT Austin. I propose, in moments, it approaches Chekhov at a sleepover. Smith says she would never compare herself to the Russian master, but is happy to sing his praises. Though I meant this as a compliment, it could be seen as critique: On the surface, there isn’t much of a plot.
“I often joke that I don’t like plot,” Smith said. “But that actually isn’t true. I rigorously plot all my plays, it’s just the plot is like: This character is deeply wounded because of the perceived subtext from a line about a soda, and to me, that is plot.”
She also believes Top Gun: Maverick is the best movie ever in part because of how much happens. You can tell she is sincere, while knowing this is somewhat absurd to discuss in the same breath as The Cherry Orchard.
“You can have great art like Top Gun: Maverick, that is very sort of like there’s a story and these are all the beats, and you can also have Chekhov where the plot is like a wound that you couldn’t even name.”
Ineffable feelings are the engine of Dad Don’t Read This. Mal and her friends try and fail to articulate just what is going on in their little lives, where the inconsequential is the only thing that matters.
While firmly of a generation — it’s set in 2014, the actors are a few years younger than Smith — the play has found older admirers. Helen Shaw of The New York Times ranked it one of her top shows of the season. The New Yorker’s Adam Gopnik will participate in a “Dad Affinity Night” on June 28.
The key to its connection may well be what’s absent from the stage — smart phones and social media are nowhere to be seen. It’s intentional.
“We like don’t have boredom anymore, because we have phones, and so I’ve been trying to figure out how do I put characters in a situation where they can be extremely bored and where that can be dramatically intriguing,” Smith said. “And also, like, how do I make boredom resonate with an audience that doesn’t experience boredom because we look at our phones, and I do feel like being bored in Ohio is like something that I knew so intimately.”
Onstage at the Greenwich House Theatre, boredom lives. And it’s riveting.
The post Eliya Smith says plot is what happens when you’re busy doing nothing appeared first on The Forward.
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Shots fired in Jewish neighborhood of Montreal
(JTA) — Montreal police said an alleged shooter in a neighborhood known for its large Jewish population had been “neutralized” after killing one police officer and wounding another officer and a civilian Monday.
“A suspect has been neutralized,” the official police account posted on X after advising residents Côte-des-Neiges to stay indoors. “Two police officers and one citizen have been injured. The police operation is still underway. Continue to avoid the area. Further details to follow.”
The Montreal Gazette later reported that the suspect and the civilian also were dead.
It was not clear if the intended targets were Jewish, but a Chabad emissary in the neighborhood told Ynet, an Israeli news site, that a nearby building was targeted and that he was sheltering about 100 people.
The Yeshiva World News news site posted a video of a SWAT team swarming around a home belonging to a family affiliated with Chabad, the Orthodox Jewish movement.
Côte-des-Neiges was the scene of postwar Jewish settlement as Jewish families ascending from the working to the middle class moved west from the area of St. Laurent Boulevard. The area, with treelined streets studded with duplexes and low-rise apartment buildings, had a friendly neighborhood ambience and lacked the anti-Jewish restrictions some of the wealthier enclaves maintained at the time.
There are a number of Jewish schools and synagogues in the area, including the Spanish and Portuguese synagogue, the oldest congregation in the country, established in 1768 and which moved to the neighborhood in 1947. The neighborhood is now the site of a large Chabad community and a number of Jewish restaurants and delis.
This is a developing story.
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Everyone was a fan of Clive Davis — even if they didn’t know it
Last September I spent about 30 seconds with Clive Davis in a crowded elevator.
I was in the Sony Building, having just seen a press screening of Richard Linklatter’s Blue Moon. The elevator was full of mostly young people — probably Sony employees — and some press. The doors pinged open and in stepped a man with two handlers and an adorable spaniel. I turned to a fellow journalist and whispered “That’s Clive Davis.”
Someone who knew Clive — enough to call him “Clive” — told him we’d just seen a movie about the creative breakup between lyricist Lorenz Hart and musical composer Richard Rodgers.
“Didn’t you play Janis Joplin for Richard Rodgers,” he asked Davis.
Davis replied with perfect comic timing: “Yes. He hated it.”
That anecdote tells us just how much Davis, the legendary music executive and producer who died Monday June 22 at the age of 94, changed the musical landscape.
Davis had been in the music business long enough to serve as a bridge figure between the Great American Songbook and the popular music of the latter half of the 20th Century. The artists he signed at CBS, and later Arista (he was ousted from the CBS/Columbia for allegedly using company money to finance his son’s bar mitzvah), are enduring icons even, in the case of Ms. Joplin, decades after their deaths.
But what hit me in the elevator was the feeling that not everyone there knew who he was. They did, of course, know the music: Pink Floyd, P!nk, Whitney Houston, Sly and the Family Stone, Barry Manilow, Neil Diamond, Leonard Cohen, Bruce Springsteen and Aerosmith, the very authors of “Love in an Elevator.”
It’s not overstating it to say that Davis’ influence across genres and his golden ear provided the soundtrack to American life. His own life was productive until the end.
He was in the Sony building because he was Chief Creative Officer at the company. A week before his death, the streets were thumping with a New York anthem from one of his late career discoveries: Alicia Keys.
Davis’ rise could be taught in Jewish Studies courses. Born in working-class Crown Heights, he — like Barba Streisand — was a graduate of Erasmus Hall High. He made good at NYU and got his law degree at Harvard.
He rose from the legal department at Columbia to become the company’s top tastemaker. Somewhere along the way he discovered Joplin — of a polar opposite disposition and background — and went from strength to strength.
Davis’ true triumph might have been just how adept he was at navigating everything the U.S. had to offer. The musicians he promoted had little in common save for his imprimatur.
In that elevator, which delivered us without much fuss to the lobby, there may have been people whose musical tastes gravitated to rock, R&B, jam bands, easy listening, guitar instrumentals and jazz.
Whether they knew it or not, Davis shepherded something they liked into existence. His genius was in recognizing genius.
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