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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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Marco Rubio Says US Denying Visas to Foreigners ‘Celebrating’ Assassination of Charlie Kirk

Marco Rubio speaks after he is sworn in as Secretary of State by US Vice President JD Vance at the Eisenhower Executive Office Building in Washington, DC, Jan. 21, 2025. Photo: REUTERS/Kevin Lamarque

Secretary of State Marco Rubio said Monday that the US is denying visas to foreigners who publicly celebrate the killing of conservative activist Charlie Kirk, a move he cast as part of a broader posture against extremist rhetoric.

While traveling in the Middle East, Rubio told reporters that the State Department has been denying visas to individuals glorifying Kirk’s murder online. He added that officials are also reviewing existing visas and that he expects some to be revoked.

“It isn’t just about Charlie Kirk. If you’re a foreigner and you’re out there celebrating the assassination of someone who was speaking somewhere, I mean, we don’t want you in the country,” Rubio said. “Why would we want to give a visa to someone who think it’s good that someone was murdered in the public square? That’s just common sense to me.”

When asked if the US has actually revoked any visas yet, Rubio responded, “We’ve revoked visas of people. I don’t know if we’ve revoked visas of people that are inside the country. We’ve most certainly been denying visas.”

Rubio also addressed the issue in a social media post on X while sharing a video from a Fox News interview during which he was asked if he planned to restrict visa access or revoke visas for those celebrating Kirk’s killing.

“America will not host foreigners who celebrate the death of our fellow citizens,” Rubio said in the post accompanying the video. “Visa revocations are under way. If you are here on a visa and cheering on the public assassination of a political figure, prepare to be deported. You are not welcome in this country.”

Kirk, a prominent conservative activist and founder of the influential Turning Point USA organization, was shot and killed last week while speaking at Utah Valley University. Authorities have formally charged 22‑year‑old Tyler Robinson of Utah with aggravated murder and several related offenses, including discharge of a firearm, obstruction of justice, and witness tampering.

Rubio’s announcement comes amid intensifying efforts by the Trump administration to expel foreigners who express support for violence or terrorism. The administration has launched an overhaul of the US visa system, part of what officials describe as an effort to root out individuals deemed a potential threat to the country. The sweeping measures include expanded social media vetting for new applicants, continuous monitoring of the 55 million current visa holders, and the revocation of thousands of student visas.

Several of the online posts praising Kirk’s assassination have emerged from the Middle East, with individuals condemning the slain political activist over his vocal support for Israel. During his life, Kirk repeatedly spoke in defense of the Jewish state and expressed support for its military campaign in Gaza.

Deputy Secretary of State Christopher Landau concurred with Rubio’s statement, calling on consular officials to prevent the distribution of visas to anyone “praising, rationalizing, or making light of” the murder of Kirk.

Rubio has not explained the standards the State Department is using to determine what qualifies as “celebrating” the assassination. Some critics have speculated that this ambiguity could set up legal challenges from advocacy groups, who are already warning about the First Amendment and due process implications.

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‘Down With Fascists’: Columbia Activist Who Said ‘Zionists Don’t Deserve to Live’ Celebrates Charlie Kirk’s Murder

Khymani James, Columbia University student who filmed himself saying Zionists should be murdered. Photo: Screenshot

A former leader of the anti-Israel movement at Columbia University expressed full support for the murder of conservative activist Charlie Kirk last week.

Khymani James, who made the posts, was a “campus a leader in the pro-Palestinian student protest encampment” at Columbia, according to The New York Times.

In the aftermath of Kirk’s assassination, James posted on X, “More. MORE!!!,” referencing the killing. He followed up that post by saying, “Down with all the fascists 😍.” (He later also called California Gov. Gavin Newsom a fascist.)

In another post, James wrote, “‘Be careful what you post’ and it’s people rightfully celebrating the inevitable and just fate of fascists. anywho… NO ONE MOURNS THE WICKED 😩🤣.”

In addition to the posts he wrote, James also reposted statements such as “Thoughts and prayers for the bullet,” “rest in piss,” and “saw that s–t and started giggling and kicking my feet and shouting YOOOOOO.”

In James’s biography on the social platform X, he notes, “Anything I said, I meant it. DEATH TO EMPIRE.”

This is not the first time James has rhetorically supported violence. Last year, he was on video saying, “Zionists don’t deserve to live,” and proclaiming that people should “be grateful that I’m not just going out and murdering Zionists.”

He also said, “I don’t fight to injure or for there to be a winner or a loser. I fight to kill.”

The comments triggered widespread backlash, and James was suspended by Columbia. The incident also resulted in what was widely seen as an apology for James on behalf of Columbia University Apartheid Divest (CUAD), one of the most notorious anti-Israel campus groups in the US. Months later, however, the group retracted its previous apology.

“All CUAD organizers were complicit in not maintaining our political line, keeping the statement public on our Instagram, and in neglecting the mental and physical safety of Khymani,” the post read. CUAD apologized for causing “irrevocable harm” to him.

Despite James’s comments about the possibility of murdering Zionists, CUAD’s post claimed that he was criticized and socially ostracized for “fight[ing] back against state violence.”

James also responded to this post, writing on X, “Thank you to my comrades for posting this beautiful, powerful letter. I never wrote the neo-liberal apology posted in late April, and I’m glad we’ve set the record straight once and for all. I will not allow anyone to shame me for my politics.”

“Anything I said, I meant it,” he concluded.

Kirk, 31, was shot and killed during a speaking event at Utah Valley University, where he was engaging in dialogue with students. He is survived by his wife and two young children. A young Utah man — Tyler Robinson, 22 — was taken into custody last week as the suspected shooter, about 33 hours after the assassination, according to state and federal law enforcement.

Kirk was an outspoken supporter of Israel and advocate against antisemitism. He regularly debated students on the subject of Israel and brought his ideas to young people at a time when, according to recent polling, that age group was turning decidedly against the Jewish state.

“There’s a dark Jew hate out there, and I see it,” Kirk told a student during a podcast episode which aired earlier this year. “Don’t get yourself involved in that. I’m telling you it will rot your brain. It’s bad for your soul. It’s bad. It’s evil. I think it’s demonic.”

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Spain’s PM Sánchez Faces Backlash for Fueling Anti-Israel Hostility Amid Surge in Antisemitic Incidents

Cycling – Vuelta a Espana – Stage 21 – Alalpardo to Madrid – Madrid, Spain – Sept. 14, 2025: Barriers are smashed by anti-Israel protesters during Stage 21. Photo: REUTERS/Ana Beltran

Spanish Prime Minister Pedro Sánchez is facing backlash from his country’s political leaders and Jewish community, who accuse him of fueling antisemitic hostility after incidents at the Vuelta a España disrupted the prestigious cycling race.

Amid a sharp rise in anti-Jewish hate crimes and anti-Israel sentiment, Lorenzo Rodríguez, mayor of Castrillo Mota de Judíos in northern Spain, accused the country’s leader of “fueling a discourse of hatred” against Israel and the Jewish people.

“The government is fostering antisemitism that will prove deeply damaging for Spain,” Rodríguez said in an interview with the local outlet El Español.

“Sánchez’s moves are less about serious foreign policy and more about deflecting attention from his trials and failures in governance,” he continued. “Spain isn’t leading anything — it’s merely whitewashing Hamas and other terrorist groups.”

On Sunday, anti-Israel protests forced the finale of the Vuelta a España cycle race to be abandoned as police tried to quell demonstrations against the participation of an Israeli team.

In his interview, Rodríguez blamed Sánchez for fostering a hostile climate in Spain, saying the country is witnessing “hatred toward an entire people.”

He also criticized the Spanish leader for failing to take a strong stand on other international crises, including those in Russia and Venezuela.

“We all recognize that the Palestinian people are suffering, but the solution cannot be to blame the Jewish people,” Rodríguez said.

“People are afraid. There’s growing concern because our town was recently targeted,” he continued. “We are being singled out and threatened even though we have nothing to do with this war.”

Before the incidents on Sunday that led to the race’s cancellation, Sánchez expressed “admiration for the Spanish people mobilizing for just causes like Palestine” through their protests.

Madrid’s Mayor José Luis Martínez-Almeida strongly condemned Sánchez’s statement, accusing him of encouraging hostility and fueling tensions.

“The prime minister is directly responsible for this violence, as his statements this morning helped instigate the protests,” Martinez-Almeida said after the race was canceled.

“Today is the saddest day since I took office as mayor of this great city,” he continued.

Santiago Abascal, leader of the far-right Vox party, also criticized Sánchez’s remarks, accusing him of stoking division to maintain his hold on power.

“The psychopath has taken his militias to the streets,” Abascal wrote in a post on X. “He doesn’t care about Gaza. He doesn’t care about Spain. He doesn’t care about anything. But he wants violence in the streets to maintain power.”

Shortly after the incidents, the Federation of Jewish Communities of Spain (FCJE) publicly denounced the violence, urging authorities to respond quickly and decisively.

“Violence and intimidation have no place in a democratic society and cannot be excused under the guise of freedom of expression,” FCJE said in a statement.

“These violent demonstrations fuel hatred and contribute to a concerning rise in antisemitism in Spain, which we have been warning about over the past two years,” the statement read. “It is unacceptable that violence is justified on ideological grounds and hostility is directed toward the Jewish community”

Since the start of the war in Gaza, Spain has become one of Israel’s fiercest critics, a stance that has only intensified in recent months, coinciding with a shocking rise in antisemitic incidents targeting the local Jewish community — from violent assaults and vandalism to protests and legal actions.

On Monday, Sánchez called for Israel to be barred from international sports events after pro-Palestinian activists disrupted the finale of the Vuelta cycling race in chaotic scenes in Madrid.

“The sports organizations should ask whether it’s ethical for Israel to continue participating in international competitions. Why was Russia expelled after invading Ukraine, yet Israel is not expelled after the invasion of Gaza?” Sánchez said while speaking to members of his Socialist Party.

“Until the barbarity ends, neither Russia nor Israel should be allowed to participate in any international competition,” the Spanish leader continued.

Israeli Foreign Minister Gideon Saar condemned Sánchez’s remarks, labeling him “an antisemite and a liar.”

“Did Israel invade Gaza on Oct. 7th or did the Hamas terror state invade Israel and commit the worst massacre against the Jews since the Holocaust?” the top Israeli diplomat wrote in a post on X.

The Palestinian terrorist group Hamas started the war in Gaza on Oct. 7, 2023, when it led an invasion of southern Israel, murdered 1,200 people, and kidnapped 251 hostages while perpetrating widespread sexual violence against the Israeli people.

Israel responded with an ongoing military campaign aimed at freeing the hostages and dismantling Hamas’s military capabilities and political rule in Gaza.

As part of its anti-Israel campaign, Spain announced on Tuesday that it will boycott next year’s Eurovision Song Contest if Israel participates, citing the country’s military offensive against Hamas in the war-torn enclave.

Last week, Sánchez also unveiled new policies targeting Israel over the war in Gaza, including an arms embargo and a ban on certain Israeli goods.

The Spanish government announced it would bar entry to individuals involved in what it called a “genocide against Palestinians,” block Israel-bound ships and aircraft carrying weapons from Spanish ports and airspace, and enforce an embargo on products from Israeli communities in the West Bank.

In one of its latest attempts to curb Israel’s defensive campaign in Gaza, Spain has canceled a €700 million ($825 million) deal for Israeli-designed rocket launchers, as the government conducts a broader review to systematically phase out Israeli weapons and technology from its armed forces.

Saar has denounced Sánchez’s latest actions, accusing the government in Madrid of antisemitism and of pursuing an escalating anti-Israel campaign aimed at undermining the Jewish state on the international stage.

“The government of Spain is leading a hostile, anti-Israel line, marked by wild, hate-filled rhetoric,” Saar wrote in a post on X, accusing Sánchez’s “corrupt” administration of trying to “divert attention from grave corruption scandals.”

“The obsessive activism of the current Spanish government against Israel stands out in light of its ties with dark, tyrannical regimes — from Iran’s ayatollahs to [Nicolás] Maduro’s government in Venezuela,” the Israeli diplomat continued.

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