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After the War: Why Palestine Would Be a Lawless and Militarized State

Teenage hostages before Oct. 7 and after their capture by Hamas to Gaza. Photo: Screenshot from Israeli government X/Twitter account

Once again, disparate voices are urging a “two-state solution” to the Israel-Palestinian conflict. For the most part, these urgings are either manipulative or naive, but the danger they pose for Israel is existential: Palestine would not coexist with the sovereign State of Israel, but would plan to replace Israel.

In essence, the two-state plan advocates that an Arab state of Palestine be constructed upon the ruins of Israel.

It is a position that openly displays criminal intent or mens rea toward Israel. It is unambiguously a one-state solution. It is a “final solution.”

Other legal and practical difficulties are associated with Palestinian statehood. A core difficulty would lie in deliberate Palestinian disregard of all pertinent jurisprudential standards. Even if an expanding number of existing states argue for an “official” recognition of “Palestine,” these approvals would not be legally binding. According to the Convention on the Rights and Duties of States (1934) — aka the governing “Montevideo” treaty on statehood — specific criteria must be met by nascent or aspiring states. For the case at hand, the case of “Palestine,” these standards do not include recognition.

In principle, declarations of support for Palestinian self-determination might not be unreasonable if the Palestinian side were sincerely committed to a two-state solution. But while Fatah and Hamas are very much at odds, they agree on one fundamental point, which is the long-ritualized mantra that Israel’s existence represents an intolerable abomination to Dar al-Islam (the world of Islam) and can never be anything more than “Occupied Palestine.”

The countries in world politics that seek a two-state solution are effectively urging the creation of an irredentist terror state. This advocacy position — one oriented towards Israel’s violent replacement by a protracted criminal insurgency ––originally stemmed from a diplomatic framework known as the Road Map for Implementation of a Permanent Solution for Two States in the Israel-Palestinian Dispute. Together with a Palestinian refusal to reject the “Phased Plan” (Cairo) of June 1974 and an associated no-compromise jihad to “liberate” all of “Occupied Palestine” in increments, the Road Map exposed an overlooked danger to Israel: Those well-intentioned states favoring statehood were misled by overly optimistic or flagrantly contrived hopes for Palestinian “demilitarization.”

On June 14, 2009, Israeli Prime Minister Benjamin Netanyahu agreed to accept a Palestinian state, but made any such agreement contingent on Palestinian “demilitarization.” He said: “In any peace agreement, the territory under Palestinian control must be disarmed, with solid security guarantees for Israel.”

What Netanyahu failed to note was that there can be no “solid security guarantees for Israel.” A new state of Palestine could 1) easily evade any pre-independence promises made to Israel with impunity; or 2) fatally undermine such promises lawfully. Understandably, following the October 7, 2023 barbarisms, Netanyahu (restored to the premiership) no longer has any faith in Palestinian “security guarantees.”

Furthermore, as a fully sovereign state, Palestine might not be bound by pre-independence agreements even if the compacts were to include UN and/or US reassurances to the contrary. This argument applies even though unrestricted Palestinian claims of statehood could never satisfy the amply codified expectations of authoritative international law. It would be the likely Palestinian argument even though Palestine would have garnered no legal entitlement to any rights of treaty termination.

There would be additional legal problems. Because authentic treaties can be binding only upon states, any agreement between a non-state Palestinian authority and the sovereign State of Israel can have little tangible effectiveness. But what if the government of Palestine were willing to adhere to “peremptory” (fundamental) legal expectations for states — that is, to consider itself bound by its pre-state, non-treaty agreements?

Even in such relatively favorable circumstances, the government of Palestine could retain ample legal pretext to identify grounds for lawful treaty termination.  It could, for example, withdraw from the agreement because of what it would regard as a “material breach.” This would be an alleged violation by Israel that credibly undermined the object and/or purpose of the agreement.

Other Palestinian manipulation options could arise. To wit, Palestine could point towards what international law calls a “fundamental change of circumstances” (rebus sic stantibus). If a Palestinian state were to declare itself vulnerable to previously unforeseen dangers, perhaps from forces of other Arab armies, it could lawfully end its previously binding commitment to remain demilitarized.

There is another method by which a treaty-like arrangement obligating a new Palestinian state to accept demilitarization could quickly and legally be invalidated. The grounds that may be invoked under domestic law to invalidate contracts can also be applied under international law to treaties and treaty-like agreements. This means that a new state of Palestine could point to alleged errors of fact or duress as permissible grounds for terminating the agreement.

Any treaty or treaty-like agreement is void if, at the time it was entered into, it conflicts with a “peremptory” rule of general international law — a jus cogens rule accepted and recognized by the international community of states as one from which no derogation is permitted. Because the right of all sovereign states to maintain military forces essential to self-defense is certainly such a rule, Palestine, depending upon its particular form of constitutive authority, could arguably be within its right to abrogate any arrangement that had “forced” its demilitarization.

Thomas Jefferson wrote about obligation and international law. While affirming that “Compacts between nation and nation are obligatory upon them by the same moral law which obliges individuals to observe their compacts…,” he also acknowledged that “There are circumstances which sometimes excuse the nonperformance of contracts between man and man; so are there also between nation and nation.” Specifically, Jefferson said that if performance of contractual obligation becomes “self-destructive” to a party, “…the law of self-preservation overrules the law of obligation to others.”

Historically, demilitarization has been a legal remedy applicable to “zones,” not to whole states.  This could offer a new state of Palestine yet another legal ground upon which to evade compliance with its pre-independence commitments to demilitarization. It could simply be alleged that these commitments are inconsistent with traditional or Westphalian bases of authoritative international law, rudiments found in treaties and conventions, international custom, and the “general principles of law recognized by civilized nations.” These commitments, the argument would stipulate, would not be legally binding.

In making its strategic and legal choices, Israel should draw no comfort from any purportedly legal promise of Palestinian demilitarization. If the government of a new state of Palestine should choose to invite foreign armies and/or terrorists onto its territory (possibly after the original government authority is displaced or overthrown by even more militantly Islamic, anti-Israel forces), it could do so without practical difficulties and without violating international law.

Prevailing plans for Palestinian statehood are still built upon the moribund Oslo Accords, ill-founded agreements that were undermined and destroyed by persistently egregious violations by the Arab side. The basic problem with the Oslo Accords that underpinned those violations should now be apparent. On the Arab side, Oslo-mandated expectations were never anything more than a cost-effective step toward the dismantling of Israel. On the Israeli side, these expectations were taken, more or less, as a promising way to avert Palestinian terrorism and prevent catastrophic Arab state aggressions.

This asymmetry in expectations, never acknowledged by the UN, enhanced Arab power while it weakened and degraded Israel.  Even now, genocidal Palestinian calls to “slaughter the Jews” (more recently phrased as calls for “Palestine from the river to the sea”) have failed to dampen international enthusiasm for a new criminal state. Much of the “international community” hopes to midwife the birth of such a state while refusing to acknowledge that state’s openly declared genocidal intentions.

What does this mean for any alleged Palestinian demilitarization “remedy” and for Israeli security? Above all, it signals that Israel should make rapid and far-reaching changes in the manner by which it conceptualizes the policy continuum of cooperation and conflict. Israel must desist in wishful thinking and recognize the zero-sum calculations of its enemies. After the Gaza War, this means acknowledging the force-multiplying calculations of Hamas and Iran.

Understood more specifically in terms of international law and world order, this could also mean an Israeli willingness to accept the peremptory right and obligation of “anticipatory self-defense.”

The Arab world and Iran still have only a “one-state solution” in mind for the Middle East. It is a “solution” that incrementally eliminates Israel altogether. Corroboratively, “official” maps of “Palestine” show an already extant Arab state in all of the West Bank (Judea/Samaria), all of Gaza, and all of Israel.

These maps exclude references to any indigenous Jewish population and include the holy sites of only Christians and Muslims. An official cartographer, Khalil Takauji, was commissioned by the Palestinian Authority (PA) to design and locate a Palestinian Capitol Building. This was drawn by Takauji on the Mount of Olives in Jerusalem, directly on top of an ancient Jewish cemetery.

On September 1, 1993, Yasser Arafat clearly affirmed that the Oslo Accords would be an intrinsic part of the PLO’s 1974 Phased Plan for Israel’s destruction:  “The agreement will be a basis for an independent Palestinian State, in accordance with the Palestinian National Council Resolution issued in 1974. This PNC Resolution calls for “the establishment of a national authority on any part of Palestinian soil from which Israel withdraws or is liberated.”  On May 29, 1994, Rashid Abu Shbak, then a senior PA security official, remarked ominously: “The light which has shone over Gaza and Jericho will also reach the Negev and the Galilee.”

Since these declarations, nothing has changed in Palestinian definitions of Israel and “Palestine.” This is true for the current leadership of both Hamas and the Palestinian Authority. It should make no difference to Israel whether one terror group or the other is in power.

In a sermon presented on PA Television on December 12, 2014, and in the presence of PA President Mahmoud Abbas, Mahmoud al-Habbash, the Supreme Sharia Judge and Abbas’s advisor on Religious and Islamic Affairs, said: All of this land will return to us, all our occupied land, all our rights in Palestine –  our state, our peoples’ heritage, our ancestors’ legacy — all of it will return to us, even if it takes time.”

Earlier, on October 22, 2014, Al-Habbash reaffirmed that any acceptance of Israel’s physical existence is forever forbidden under Islamic law: “The entire land of Palestine (i.e., territory that includes all of Israel) is waqf (an inalienable religious endowment under Islamic law) and is a blessed land. It is prohibited to sell, bestow ownership, or facilitate the occupation of even a millimeter of it.”

But back to basics. A presumptively sovereign Palestinian state could lawfully abrogate its pre-independence commitments to demilitarize. The Palestinian Authority has been guilty of multiple material breaches of Oslo and of “grave breaches” of the law of war. Both the PA and Hamas remain unwilling to rescind their genocidal calls for Israel’s annihilation.

When he accepted the idea of a Palestinian state that had formally agreed to its own demilitarization, Benjamin Netanyahu believed he had taken a reasonable step towards reconciliation. But the Palestinian leadership and their allies in Iran will never accept or even consider any Israel-proposed idea of “limited” Palestinian statehood, particularly a state that would lack the core prerogatives of national self-defense. Whether Jerusalem likes it or not, this means that if Israel ever accepts a Palestinian state, it will be accepting an intransigent enemy endowed with all the normally unhindered military rights of sovereignty.

This does not mean Israel will have no choice but to surrender to a future “Palestine,” but that Jerusalem should fashion its post-Gaza War security policies with fact-based expectations. Among other things, this means Israel’s leaders will need to assess the existential threat of Palestinian statehood as part of a larger strategic whole; that is, in tandem with the rapidly expanding perils of catastrophic conventional or unconventional war. More precisely, this means a comprehensive analytic focus on plausible synergies between Hamas/Iranian aggressions and Israel’s problematic nuclear doctrine. To do anything else would be to seek justification for the immutably discredited promises of Palestinian “demilitarization.“

International law is not a suicide pact. Rather than pass from one untenable position to another, Israel must understand that a two-state solution can quickly become a final solution. Israel has no moral or legal obligation to carve an irredentist enemy state out of its own still-living body.

Louis René Beres, Emeritus Professor of International Law at Purdue, is the author of many books and articles dealing with nuclear strategy and nuclear war, including Apocalypse: Nuclear Catastrophe in World Politics (University of Chicago Press, 1980) and Security or Armageddon: Israel’s Nuclear Strategy (D.C. Heath/Lexington, 1986). His twelfth book, Surviving Amid Chaos: Israel’s Nuclear Strategy, was published by Rowman and Littlefield in 2016. A version of this article was originally published by The BESA Center.

The post After the War: Why Palestine Would Be a Lawless and Militarized State first appeared on Algemeiner.com.

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Belgian Prime Minister Shows Solidarity With Jewish Community, Calls for Caution on Palestinian State Recognition

Belgian Prime Minister Bart De Wever attends a press conference with German Chancellor Friedrich Merz (not pictured), at the Chancellery, in Berlin, Germany, Aug. 26, 2025. Photo: REUTERS/Annegret Hilse

Amid rising antisemitism across Europe and increasing hostility toward Israel from several European governments, Prime Minister Bart De Wever expressed Belgium’s sympathy and respect for the Jewish community this week, honoring the millions of victims of the Holocaust.

During his trip to Berlin on Tuesday, De Wever visited the Holocaust Memorial and left a moving message in its guestbook.

“On behalf of the Belgian government and all people and communities living together in peace in Belgium, I express my deepest sympathy and my respect,” the Belgian leader wrote in a note in German.

“We will remember all the victims. I stand here humbly at this place of remembrance. The Jewish community will always have a home in Europe,” he continued.

Rabbi Menachem Margolin, chairman of the European Jewish Association (EJA), commended De Wever’s remarks and his support for the Jewish community, highlighting his leadership as a model.

“We sincerely thank Prime Minister De Wever for his moving message in Berlin. At a time when antisemitism is once again spreading across Europe, his clear and unwavering statement that the Jewish community will always have a home here is deeply important,” Margolin said in a statement.

“Such leadership not only honors the memory of the six million victims of the Holocaust but also strengthens the sense of security and belonging for Jews in Belgium and across the continent,” he continued.

“We also commend the Prime Minister’s principled leadership on Israel, where he consistently calls for security guarantees and a realistic path to peace. His voice carries moral weight in Europe, and we deeply appreciate it.”

During his visit to Berlin, De Wever met with German Chancellor Friedrich Merz to discuss the recent push by several European countries to recognize a Palestinian state at next month’s UN General Assembly.

At a joint press conference, De Wever stressed that recognizing a Palestine state is only meaningful under strict conditions, warning that doing so without such guarantees would be “pointless and even counterproductive.”

“Hamas must disappear completely, there must be a credible Palestinian Authority, an agreement must be reached on borders, and Israel must receive security guarantees. Without that, recognition makes no sense,” De Wever said.

In Belgium, De Wever’s more cautious approach to Palestinian statehood and support for Israel have fueled clashes within the government, with Foreign Minister Maxime Prévot threatening to block government initiatives if the coalition continues to hinder a firmer stance on Israel and the recognition of a Palestinian state.

“If there is no stronger tone within the government regarding the human rights violations committed by the Israeli government, or if no measures are taken in favor of recognizing Palestine, a major crisis is looming,” Prévot said during an interview with De Standaard.

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Amid War, Olim-Owned Businesses in Jerusalem Thrive, Showcasing Resilience, Community Spirit

Olim gather at JFK Airport, ready to board a charter flight to Israel and begin their new lives in the Jewish state. Photo: The Algemeiner

JERUSALEM — Despite the strains of war and the obstacles of starting over in a new country, businesses in Jerusalem owned by Jewish immigrants are thriving — a testament to resilience, Zionist commitment, and the power of community.

New immigrants, or olim, who make aliyah to Israel face steep challenges even in times of peace, navigating strict regulations, endless permits, and financial hurdles, though the Israeli government offers some support and incentives to promote new businesses.

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

In recent years, the road has become even more difficult for entrepreneurs, first with the economic disruption of COVID-19 and now amid the uncertainty of the war in Gaza.

For many olim, launching a business in Israel is about more than entrepreneurship — it’s a way to start a new life, serve their country, build a community, and make a meaningful impact.

Last week, 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.

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 immigration 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.

Eager to start their next chapter in Israel, these immigrants bring fresh ideas, culinary creativity, and cultural richness, strengthening the country’s social fabric every day.

Originally from New Orleans, Louisiana, Diana Shapira brought her passion for baking and warm hospitality to Israel, turning her aliyah dream into a popular destination for both locals and tourists.

She and her husband created Infused JLM, located near Jerusalem’s Mahaneh Yehuda Market, blending American and Israeli culture and creating a space that brings people together.

“We want people to see that an oleh’s dream can happen,” Shapira told The Algemeiner. “Even without family and facing many challenges, starting a business in Israel is possible — especially when you have the support of the community.”

“Before we made aliyah, so many people told us it was a bad financial decision. But you have to push past the doubt and keep striving,” she continued.

Another olim-owned business located in Jerusalem, Power CoffeeWorks, has become a favorite destination for coffee enthusiasts across the city.

Owned by Stephanie and Brandon, who made aliyah from Cape Town, South Africa, in 2016 with their four children at the time (now seven), the couple has turned their venture into a hub for coffee lovers and a gathering place for the community.

“We made aliyah because we believed Israel was the best place to raise our children,” Stephanie told The Algemeiner. “Despite all the challenges along the way, it has been an incredible journey.”

Crave, another oleh-owned restaurant in Mahaneh Yehuda, has gained increasing attention with its strictly kosher gourmet street food, blending American, Mexican, and Asian flavors in a way that hasn’t been seen before.

American-born Yoni Van Leeuwen, who made aliyah more than 20 years ago with his wife and eight children, views food not just as a business, but as a way to bring cultures and communities together.

Following the Oct. 7 atrocities, the war in Gaza dealt a harsh blow to Israeli businesses, forcing many to cut hours, adapt operations, and manage shortages.

Yet these olim-owned establishments have shown resilience, proving that passion, creativity, and commitment to the Zionist dream can overcome even the toughest challenges.

Whether by serving comfort food, offering a safe space for neighbors, or organizing fundraisers for soldiers in Gaza and Lebanon, these business owners described a spirit of perseverance deeply rooted in Jewish history.

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Police in England Investigate Air Rifle Attack Against Jewish Teenager, Swastika Spray Painted at Rabbi’s Home

Friday night saw a string of swastika vandalism resulting in four reports, including from Rabbi Bentzion Alperowitz, a Chabad leader who discovered the Nazi symbol spray painted in black on his home’s white wall as he left for synagogue the next morning with his two young daughters. Photo: Screenshot

Multiple antisemitic incidents reported this past weekend targeted the Jewish community of Bournemouth in the southern region on the coast of the United Kingdom.

On Saturday afternoon, a driver stopped to harass and yell obscenities at two pedestrians before shooting one, a Jewish teenage boy, in the forehead with an air rifle and fleeing. The victim suffered swelling but has otherwise recovered.

“Detectives are leading the investigation to locate the occupants of the vehicle and to establish the full circumstances of the incident,” a spokesman for Dorset Police said. “The incident is being treated as a hate crime. Officers are engaging with the local community and carrying out patrols in the area. We would encourage anyone with information or concerns to please speak with an officer.”

Rabbi Alan Lewis, who leads the Bournemouth Hebrew Congregation, said that “the young man who was shot is a religious Jew who was wearing a skull cap. It was very obvious he was Jewish. Then several people living on Manor Road woke up to find that swastikas had been painted on their homes. The homes had a mezuzah outside, so it was obvious that Jewish people lived there.”

Friday night saw a string of swastika vandalism resulting in four reports, including from Rabbi Bentzion Alperowitz, a Chabad leader who discovered the Nazi symbol spray painted in black on his home’s white wall as he left for synagogue the next morning with his two young daughters.

“We will continue to live as proud Jews here in Bournemouth … I want to encourage everyone to do exactly the same,” Alperowitz said. “This is not the Bournemouth I know. Bournemouth is a kind, beautiful place and I feel this is still the truth for the vast majority of people here.”

Other members of the Jewish community came to assist the rabbi with removing the graffiti.

“[The] good news is that by the time you’re watching this video our wall will have been cleaned, thanks to some amazing people from the community, who came around to help clean it,” Alperowitz said.

Author Dov Forman wrote that “on Saturday morning, my friend Rabbi Benzion Alperowitz of Bournemouth Chabad walked outside to find a swastika on his home. Antisemitism is alive on our streets, yet it is too often excused and ignored. But it will not break us. We will continue to live proudly as Jews.”

Law enforcement has reportedly stepped up patrols in the town’s Jewish neighborhoods which include an estimated 2,000 people.

On Monday, the Community Security Trust (CST), an organization focused on monitoring antisemitic threats in the UK, released a statement saying that it was “appalled by a series of anti-Jewish hate crimes in Bournemouth over the weekend. These are abhorrent acts of racism that are deeply distressing for the Jewish community and should alarm everybody. We are supporting the local Jewish community and working with Dorset Police to assist their investigation. We urge anyone with information about these incidents to contact the police and CST.”

CST released a report of antisemitic incidents in the UK during 2024, finding 3,528 — the second highest ever — showing an 18-percent decrease from the all-time high of 4,296 in 2023.

Earlier this month, CST released a separate report noting the group recorded 1,521 antisemitic incidents in the UK from January to June of this year. It marks the second-highest total of incidents ever recorded by CST in the first six months of any year, following the first half of 2024 in which 2,019 antisemitic incidents were recorded in the aftermath of the Hamas-led Oct. 7, 2023, terror attack on Israel.

“These hateful attacks on people and property in Bournemouth are extremely concerning. We have been informed that the police are investigating and hope that the perpetrators will be arrested and face the full force of the law,” Andrew Gilbert, vice president of the Board of Deputies of British Jews, said in a statement.

Maurice Michaels, who served as rabbi at Bournemouth Reform Synagogue, said that the community felt “very pressurized and anxious.” He added, “We’re getting terrified calls from people across the UK asking, ‘Is this really happening in Bournemouth?’ I’d never go out wearing my usual skull cap, I don’t show outward signs of being Jewish. I know community members who have even removed their mezuzah from their front door.”

Michaels described the antisemitic crimes as “a measure of what’s going on across the country, demonstrations where people cover their faces. They don’t want to be recognized because they know what they’re doing is wrong. We do the best we can to secure our safety. But when people attack our homes, when they shoot pellets — it gets to a point where it’s no longer a manageable situation. We’re frightened.”

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