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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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Iranian Media Claims Obtaining ‘Sensitive’ Israeli Intelligence Materials

FILE PHOTO: The atomic symbol and the Iranian flag are seen in this illustration, July 21, 2022. REUTERS/Dado Ruvic/Illustration/File Photo

i24 NewsIranian and Iran-affiliated media claimed on Saturday that the Islamic Republic had obtained a trove of “strategic and sensitive” Israeli intelligence materials related to Israel’s nuclear facilities and defense plans.

“Iran’s intelligence apparatus has obtained a vast quantity of strategic and sensitive information and documents belonging to the Zionist regime,” Iran’s state broadcaster said, referring to Israel in the manner accepted in those Muslim or Arab states that don’t recognize its legitimacy. The statement was also relayed by the Lebanese site Al-Mayadeen, affiliated with the Iran-backed jihadists of Hezbollah.

The reports did not include any details on the documents or how Iran had obtained them.

The intelligence reportedly included “thousands of documents related to that regime’s nuclear plans and facilities,” it added.

According to the reports, “the data haul was extracted during a covert operation and included a vast volume of materials including documents, images, and videos.”

The report comes amid high tensions over Iran’s nuclear program, over which it is in talks with the US administration of President Donald Trump.

Iranian-Israeli tensions reached an all-time high since the October 7 massacre and the subsequent Gaza war, including Iranian rocket fire on Israel and Israeli aerial raids in Iran that devastated much of the regime’s air defenses.

Israel, which regards the prospect of the antisemitic mullah regime obtaining a nuclear weapon as an existential threat, has indicated it could resort to a military strike against Iran’s installations should talks fail to curb uranium enrichment.

The post Iranian Media Claims Obtaining ‘Sensitive’ Israeli Intelligence Materials first appeared on Algemeiner.com.

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Israel Retrieves Body of Thai Hostage from Gaza

Israeli Defense Minister Israel Katz looks on, amid the ongoing conflict in Gaza between Israel and Hamas, in Jerusalem, Nov. 7, 2024. Photo: REUTERS/Ronen Zvulun

The Israeli military has retrieved the body of a Thai hostage who had been held in Gaza since Hamas’ October 7, 2023 attack, Defense Minister Israel Katz said on Saturday.

Nattapong Pinta’s body was held by a Palestinian terrorist group called the Mujahedeen Brigades, and was recovered from the area of Rafah in southern Gaza, Katz said. His family in Thailand has been notified.

Pinta, an agricultural worker, was abducted from Kibbutz Nir Oz, a small Israeli community near the Gaza border where a quarter of the population was killed or taken hostage during the Hamas attack that triggered the devastating war in Gaza.

Israel’s military said Pinta had been abducted alive and killed by his captors, who had also killed and taken to Gaza the bodies of two more Israeli-American hostages that were retrieved earlier this week.

There was no immediate comment from the Mujahedeen Brigades, who have previously denied killing their captives, or from Hamas. The Israeli military said the Brigades were still holding the body of another foreign national. Only 20 of the 55 remaining hostages are believed to still be alive.

The Mujahedeen Brigades also held and killed Israeli hostage Shiri Bibas and her two young sons, according to Israeli authorities. Their bodies were returned during a two-month ceasefire, which collapsed in March after the two sides could not agree on terms for extending it to a second phase.

Israel has since expanded its offensive across the Gaza Strip as US, Qatari and Egyptian-led efforts to secure another ceasefire have faltered.

US-BACKED AID GROUP HALTS DISTRIBUTIONS

The United Nations has warned that most of Gaza’s 2.3 million population is at risk of famine after an 11-week Israeli blockade of the enclave, with the rate of young children suffering from acute malnutrition nearly tripling.

Aid distribution was halted on Friday after the US-and Israeli-backed Gaza Humanitarian Foundation said overcrowding had made it unsafe to continue operations. It was unclear whether aid had resumed on Saturday.

The GHF began distributing food packages in Gaza at the end of May, overseeing a new model of aid distribution which the United Nations says is neither impartial nor neutral. It says it has provided around 9 million meals so far.

The Israeli military said on Saturday that 350 trucks of humanitarian aid belonging to U.N. and other international relief groups were transferred this week via the Kerem Shalom crossing into Gaza.

The war erupted after Hamas-led terrorists took 251 hostages and killed 1,200 people, most of them civilians, in the October 7, 2023 attack, Israel’s single deadliest day.

The post Israel Retrieves Body of Thai Hostage from Gaza first appeared on Algemeiner.com.

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US Mulls Giving Millions to Controversial Gaza Aid Foundation, Sources Say

Palestinians carry aid supplies which they received from the US-backed Gaza Humanitarian Foundation, in the central Gaza Strip, May 29, 2025. Photo: REUTERS/Ramadan Abed/File Photo

The State Department is weighing giving $500 million to the new foundation providing aid to war-shattered Gaza, according to two knowledgeable sources and two former US officials, a move that would involve the US more deeply in a controversial aid effort that has been beset by violence and chaos.

The sources and former US officials, all of whom requested anonymity because of the sensitivity of the matter, said that money for Gaza Humanitarian Foundation (GHF) would come from the US Agency for International Development (USAID), which is being folded into the US State Department.

The plan has met resistance from some US officials concerned with the deadly shootings of Palestinians near aid distribution sites and the competence of the GHF, the two sources said.

The GHF, which has been fiercely criticized by humanitarian organizations, including the United Nations, for an alleged lack of neutrality, began distributing aid last week amid warnings that most of Gaza’s 2.3 million population is at risk of famine after an 11-week Israeli aid blockade, which was lifted on May 19 when limited deliveries were allowed to resume.

The foundation has seen senior personnel quit and had to pause handouts twice this week after crowds overwhelmed its distribution hubs.

The State Department and GHF did not immediately respond to requests for comment.

Reuters has been unable to establish who is currently funding the GHF operations, which began in Gaza last week. The GHF uses private US security and logistics companies to transport aid into Gaza for distribution at so-called secure distribution sites.

On Thursday, Reuters reported that a Chicago-based private equity firm, McNally Capital, has an “economic interest” in the for-profit US contractor overseeing the logistics and security of GHF’s aid distribution hubs in the enclave.

While US President Donald Trump’s administration and Israel say they don’t finance the GHF operation, both have been pressing the United Nations and international aid groups to work with it.

The US and Israel argue that aid distributed by a long-established U.N. aid network was diverted to Hamas. Hamas has denied that.

USAID has been all but dismantled. Some 80 percent of its programs have been canceled and its staff face termination as part of President Donald Trump’s drive to align US foreign policy with his “America First” agenda.

One source with knowledge of the matter and one former senior official said the proposal to give the $500 million to GHF has been championed by acting deputy USAID Administrator Ken Jackson, who has helped oversee the agency’s dismemberment.

The source said that Israel requested the funds to underwrite GHF’s operations for 180 days.

The Israeli government did not immediately respond to a request for comment.

The two sources said that some US officials have concerns with the plan because of the overcrowding that has affected the aid distribution hubs run by GHF’s contractor, and violence nearby.

Those officials also want well-established non-governmental organizations experienced in running aid operations in Gaza and elsewhere to be involved in the operation if the State Department approves the funds for GHF, a position that Israel likely will oppose, the sources said.

The post US Mulls Giving Millions to Controversial Gaza Aid Foundation, Sources Say first appeared on Algemeiner.com.

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