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Israel Has a Legal Option to Prevent Iranian Nuclear Weapons: The Use of Force

FILE PHOTO: Iranian demonstrators attend an anti-Israeli gathering in front of the British Embassy in Tehran, Iran, April 14, 2024. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS

Though Iran describes its drone and missile attack on Israel as “retaliation,” it is actually an act of aggression. If Iran were an already-nuclear enemy state, Israel’s capacity for lawful self-defense would be glaringly limited. But as Iran is still pre-nuclear, the Iranian aggression could prove net-gainful for Israel. In essence, this Iranian crime offers Israel an 11th hour opportunity to prevent enemy nuclearization. In formal legal terms, such opportunity falls under the heading of “anticipatory self-defense.”

To be sure, the tangible human and material costs to Israel of any further escalation could be very high, but fighting against a not-yet-nuclear enemy that initiated the aggression would represent Israel’s best chance to avoid an eventual nuclear war.

Among other derelictions, Tehran’s earlier assurance that its strike against Israel would be limited “to avoid escalations” was disingenuous. After all, during any crisis search for “escalation dominance” by an already-nuclear Israel and a not-yet-nuclear Iran, competitive risk-taking would favor the former.

Under authoritative international law, defensive first strikes or acts of “preemption” could be permissible in existential-threat circumstances. But even if resorts to anticipatory self-defense would be deemed lawful or law-enforcing, they could still prove unreasonably dangerous, strategically misconceived, tangibly ineffectual, and/or irrational. It follows, going forward, that Israel will need to evaluate all anticipatory self-defense options along the two discrete standards of law and strategy.

From the standpoint of international law, preemption could represent a fully permissible option. Though subject to important constraints and conditions, the right of “anticipatory self-defense” is well established. And while a “bolt from the blue” Israeli preemption against Iran could involve assorted difficulties, such difficulties are unlikely to apply in an ongoing conventional war. In this connection, Iran had repeatedly declared its intention to strike Israel as “punishment.”

In law, this declaration, now fulfilled, was an open admission of mens rea or criminal intent.

The right of self-defense by forestalling an attack appears in Hugo Grotius’ Book II of The Law of War and Peace in 1625. Recognizing the need for “present danger” and threatening behavior that is “imminent in a point of time,” Grotius indicates that self defense is to be permitted not only after an attack has been suffered, but also in advance, that is, “where the deed may be anticipated.” Or, as he explains a bit further on in the same chapter, “It be lawful to kill him who is preparing to kill….”

A similar position was taken by Emmerich de Vattel. In Book II of The Law of Nations (1758), Vattel argues: “The safest plan is to prevent evil, where that is possible. A Nation has the right to resist the injury another seeks to inflict upon it, and to use force and every other just means of resistance against the aggressor. It may even anticipate the other’s design, being careful, however, not to act upon vague and doubtful suspicions, lest it should run the risk of becoming itself the aggressor.”

Grotius and Vattel draw upon the early Jewish interpreters, although the latter speak more generally of interpersonal relations than about international relations. Additionally, the Torah contains a prominent provision exonerating from guilt a potential victim of robbery with possible violence if, in self defense, he struck down and if necessary even killed the attacker before he committed any crime. (Ex. 22:1).

Even if Iran were not in a condition of active belligerency with the Jewish state, an Israeli preemptive action could still be law-enforcing. Israel, in the fashion of every state under world law, is entitled to existential self-defense. Today, in an age of uniquely destructive weaponry, international law does not require Israel or any other state to expose its citizens to atomic destruction. Especially in circumstances where active hostilities are already underway — that is, during times of conventional warfighting — Israel’s legal right to attack selected Iranian nuclear facilities would be unassailable.

Under current conflict circumstances, an Israeli non-nuclear preemption would represent the best available way to reduce the risks of a regional nuclear war. If Israel waits until the next “ordinary” war with Iran, that recalcitrant foe could conceivably launch nuclear attacks. Even if a then-nuclear Tehran would strike first with conventional weapons, Israel could still have no meaningful tactical choice but to undertake a nuclear retaliation.

The right of anticipatory self defense has its modern origins in the Caroline incident, an event that concerned the unsuccessful rebellion of 1837 in Upper Canada against British rule. Following this event, the serious threat of armed attack has generally been taken to justify a state’s militarily defensive action. In an exchange of diplomatic notes between the governments of the United States and Great Britain, then-US Secretary of State Daniel Webster outlined a framework for self defense which did not require an actual attack. In it, military response to a threat was judged permissible so long as the danger posed was “instant, overwhelming, leaving no choice of means and no moment for deliberation.”

These are bewildering matters. What should Israeli planners conclude? The answer depends in part upon their view of Iran’s reciprocal judgments concerning Israel’s leaders. Do these judgments suggest a leadership that believes it can gain the upper hand with a nuclear counter-retaliation? Or do they suggest a leadership that believes such counter-retaliation would bring upon Israel variously intolerable levels of adversarial destruction?

All relevant calculations assume rationality. In the absence of calculations that compare the costs and benefits of strategic alternatives, what will likely happen between Israel and Iran would remain a matter of conjecture. The prospect of non-rational judgments in this relationship is always plausible, especially as the influence of Islamist/Jihadist ideology remains strongly determinative among Iranian decision-making elites.

Iran’s attack on Israel is anything but a lawful retaliation.

Under all pertinent international law, Iran’s attack represents an overt act of aggression, but one that now also leaves Jerusalem with a not-to-be ignored opportunity to preemptively destroy selected Iranian military targets. Such a non-nuclear preemption opportunity could express the optimal way to prevent future and irremediably destructive nuclear aggressions from Iran.

While Israel’s active defenses have been remarkably successful against the Iranian missile and drone attacks, more offensive measures will be required. It could never be sufficiently purposeful or law enforcing for Israel to confine its reaction to the current Iranian attacks to passive strategies of interception. Above all other strategic considerations, the Iranian attacks, whether halted or ongoing, offer Israel a life-saving opportunity to avoid later preemptions against an already-nuclear enemy.

“The safety of the People,” observed ancient Roman philosopher Cicero, “is the highest law.” Now, the safety of the People of Israel could best be served by waging a just war against a pre-nuclear Iran. Though such a war might still involve significant human and material costs, it would be substantially less catastrophic than war between two already-nuclear powers. This is the case even if an Iran that had crossed the nuclear threshold was verifiably “less powerful” than a nuclear Israel. In any pertinent nuclear conflict scenario, even a “weaker” Iran could wreak intolerable harms upon Israel.

All things considered, if an ongoing or future war with Iran is inevitable, it would be much safer for Jerusalem to proceed as the sole nuclear combatant. Accordingly, this is not a moment for Israeli strategic thinking to become confused or shortsighted. Calculating that immediate war curtailment is necessarily the best available option would subject Israel to future instances of existential harm. This could include a full-scale nuclear war.

The author is Emeritus Professor of Political Science and International Law at Purdue University. Educated at Princeton (Ph.D., 1971), he is the author of twelve major books dealing with international relations, military strategy and world affairs. Dr. Beres was born in Zürich, Switzerland on August 31, 1945, and lectures and publishes widely on issues of terrorism, counter-terrorism, nuclear strategy and nuclear war. Professor Beres’ latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (2016; 2nd ed. 2018).  A version of this article was originally published by Israel National News.

The post Israel Has a Legal Option to Prevent Iranian Nuclear Weapons: The Use of Force first appeared on Algemeiner.com.

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US Senators Urge Secretary of Homeland Security to Secure Northern Border From Gaza Refugees

US Sen. Ted Cruz (R-TX) speaking at a press conference about the United States restricting weapons for Israel, at the US Capitol, Washington, DC. Photo: Michael Brochstein/Sipa USA via Reuters Connect

Six US senators sent a letter to US Secretary of Homeland Security Alejandro Mayorkas this week requesting that he increase security measures along the northern border in response to Canada accepting an influx of refugees from Gaza, the Palestinian enclave ruled by the terrorist group Hamas.

The six Republican lawmakers — Sens. Marco Rubio (FL), Ted Cruz (TX), Joni Ernst (IA), Tom Cotton (AK), Mike Braun (IN), and Josh Hawley (MO) — said they were “deeply concerned” that refugees from Gaza could sneak into the United States. The senators warned that allowing unvetted Palestinian refugees to cross the border poses a serious national security threat. 

“On May 27, 2024, the Government of Canada announced its intent to increase the number of Gazans who will be allowed into their country under temporary special measures,” the senators wrote. “We are deeply concerned and request heightened scrutiny by the US Department of Homeland Security should any of them attempt to enter the United States at ports of entry as well as between ports of entry.”

After arriving in Canada, the Palestinian refugees will be given a “Refugee Travel Document,” which serves as a valid form of identification, the letter claimed, adding that US Citizenship and Immigration Services recognizes these documents as a valid substitute for a passport. The senators warned that “individuals with ties to terrorist groups” could potentially enter into the United States. 

The letter argued that the US should maintain “common-sense terrorist screening and vetting” for any individual attempting to enter its borders from a foreign country. The lawmakers lamented that the Biden administration’s “”ax border enforcement” has rendered the country vulnerable to potential terrorist attacks. From April 1, 2023 to March 31, 2024, the US Customs and Border Protection’s Office of Field Operations intercepted over 233 suspected terrorists at the northern border, according to the letter.

“[T]he possibility of terrorists crossing the US-Canada border is deeply concerning given the deep penetration of Gazan society by Hamas,” the senators wrote. “It would be irresponsible for the US to not take necessary heightened precautions when foreigners attempt to enter the United States.”

On Oct. 7, Hamas launched the ongoing war in Gaza with its Oct. 7 invasion of and massacre of 1,200 people across southern Israel. The Palestinian terrorist group also kidnapped over 250 hostages.

In response, Israel launched defensive military operations in Gaza with the aim of freeing the hostages and permanently dislodging Hamas from the neighboring enclave.

The vast majority of Palestinians in Gaza, as well as the West Bank, still support Hamas’ Oct. 7 massacre across southern Israel that started the ongoing war, and they would prefer a “day after” scenario in which Hamas remains in control of Gaza rather than the Palestinian Authority, which governs in the West Bank, or other Arab countries, according to recent Palestinian polling. The same polling found that, when asked about support for Palestinian political parties and movements, a plurality chose Hamas.

US lawmakers are split along party lines as to whether the United States should accept refugees from Gaza. Republicans are largely opposed to importing refugees from  Gaza, arguing that individuals from the war-torn enclave present “a national security risk” to the United States.” In May, Ernst and Sen. Mitch McConnell (R-KY) sent US President Joe Biden a letter, urging him not to accept any refugees from Gaza.

In June, however, a group of 70 Democratic lawmakers sent Mayorkas a letter, requesting he create “pathways” for more refugees of the Israel-Hamas war to resettle in America.

The post US Senators Urge Secretary of Homeland Security to Secure Northern Border From Gaza Refugees first appeared on Algemeiner.com.

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Video of Masked Man Vowing ‘Rivers of Blood’ at Paris Olympics Over Israel Support Appears to Be Fake, of Russia Origin

Screenshot of a widely circulated video published on social media showing a masked man vowing that “rivers of blood will flow” at the 2024 Paris Olympics due to France’s support for Israel. According to reports, the video appears to be fake and of Russian origin.

A widely circulated video published on social media this week showing a masked man vowing that “rivers of blood will flow” at the 2024 Paris Olympics due to France’s support for Israel appears to be fake and of Russian origin, according to reports.

The video — published on Tuesday on social media networks including X/Twitter and Telegram — featured a keffiyeh-clad man with his face covered, delivering an Arabic-language address threatening France with violence due to the country’s alleged support for Israel amid its ongoing war with Hamas in Gaza.

Addressing “the people of France” and “French President [Emmanuel] Macron,” the masked individual said, “You supported the Zionist regime in its criminal war against the people of Palestine. You provided Zionists with weapons; you helped murder our brothers and sisters, our children.”

“You invited the Zionists to the Olympic games. You will pay for what you have done!” continued the man, who wore a shirt adorned with a Palestinian flag. “Rivers of blood will flow through the streets of Paris. This day is approaching, God willing. Allah is the greatest.”

The video, published on X/Twitter by the account @endzionism24 and retweeted by Palestinian activist Ihab Hassan, ended with the speaker holding a prop severed head complete with fake blood up for the camera.

He is not a Palestinian:

A video clip has surfaced showing an individual wearing a keffiyeh and a Palestinian flag badge, threatening France with a “river of blood” at the Olympic Games.

It is glaringly obvious to any Arabic speaker that this person is not Arab; his dialect… pic.twitter.com/rwWGkkbiAi

— Ihab Hassan (@IhabHassane) July 23, 2024

Hassan and other social media users immediately noted that the man speaking was clearly not a native Arabic speaker, citing his reasonably fluent but awkward and occasionally incorrect pronunciation.

Many social media users aware of the mispronunciations seemed to blame Israel for the video, implying the clip was a false flag meant to fearmonger and demonize Palestinians and Muslims. They did not address the fact that Israel has access to hundreds of thousands of native Palestinian Arabic speakers who would sound far more convincing than the man in the video.

On Wednesday, French Interior Minister Gerald Darmanin said that “French secret services and their partners have not been able to authenticate the veracity of this video.”

According to researchers at Microsoft, however, the video appears to be part of a Russian-linked disinformation campaign meant to disrupt the Olympics, which began with the opening ceremony on Friday.

The researchers from Microsoft’s Threat Analysis Center told NBC News that the clip appears to have come from a Russian disinformation group known as Storm-1516, an outgrowth of Russia’s Internet Research Agency.

The latest clip was linked to a similar disinformation video falsely alleging that Ukraine had sent arms to Hamas — a claim for which there is no evidence. According to the researchers, the more recent video appears to be part of a Russian scare campaign meant to disrupt the Olympics.

The video came just days before France’s rail infrastructure was hit on Friday, ahead of the start of the Olympics, with widespread acts of vandalism including arson attacks, paralyzing travel to Paris from the rest of France and Europe just hours before the opening ceremony of the Olympics. French authorities described the acts as “criminal” and “malicious.”

Israeli Foreign Minister Israel Katz said that the sabotage of France’s high-speed rail network was directed by Iran, which Western intelligence agencies have for years labeled as the world’s foremost state sponsor of terrorism.

“The sabotage of railway infrastructure across France ahead of the Olympics was planned and executed under the influence of Iran’s axis of evil and radical Islam,” Katz wrote on X/Twitter. “As I warned my French counterpart [Stéphane Séjourné] this week, based on information held by Israel, Iranians are planning terrorist attacks against the Israeli delegation and all Olympic participants. Increased preventive measures must be taken to thwart their plot. The free world must stop Iran now — before it’s too late.”

Katz was referring to a letter he sent on Thursday to Séjourné raising alarm bells about what he described as a plan by Iran to attack Israel’s Olympic delegation.

Darmanin and French National Police both announced previously that they are taking increased security measures to ensure the safety of Israel’s Olympic delegation while they are in Paris amid mounting threats. These measures include providing them with round the clock security from French police. The Israeli delegation will also receive additional security details from Israel’s Shin Bet security agency during the Olympics.

The post Video of Masked Man Vowing ‘Rivers of Blood’ at Paris Olympics Over Israel Support Appears to Be Fake, of Russia Origin first appeared on Algemeiner.com.

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Top St. Louis Newspaper Endorses US Rep. Cori Bush’s Opponent, Argues Incumbent’s Israel Stance Is ‘Disqualifying’

US Rep. Cori Bush (D-MO) raises her fist as US Rep. Rashida Tlaib (D-MI) addresses a pro-Hamas demonstration in Washington, DC. Photo: Reuters/Allison Bailey

The editorial board of The St. Louis Post-Dispatch, the largest daily newspaper in Missouri, has endorsed the opponent of US Rep. Cori Bush (D-MO), pointing to the incumbent congresswoman’s lack of legislative accomplishments and stance on the Israel-Hamas war. 

The Post-Dispatch argued that Bush’s position on Israel and the Gaza war should be “disqualifying” for any elected representative. The outlet took umbrage with Bush for equating a close democratic ally of the US with a genocidal terrorist organization. 

Israel’s conduct of the war has been far from perfect, but it remains a democracy fighting for survival against an evil terrorist organization. Bush’s tendency to equate both sides — and even to side with the terrorists, as when she cast one of just two House votes against a resolution to bar Hamas members from the US — should in itself be disqualifying for re-election,” the editorial board wrote.

Bush has established herself as one of the most vocal critics of Israel in the US Congress. Only nine days after Hamas’ Oct. 7 slaughter of roughly 1,200 people in southern Israel, Bush called for an “immediate ceasefire” between Israel and the Palestinian terrorist group. As the war dragged on, Bush’s rhetoric toward Israel sharpened, with the congresswoman accusing the Jewish state of committing “genocide” in Gaza and “apartheid” in the West Bank. Bush has also accused Israel of inflicting a “famine” in Gaza without providing evidence. 

Bush seems more interested in pandering to the far-left fringes of the progressive movement than serving her constituents, the Post-Dispatch argued. Bush’s membership in “The Squad” — a clique of far-left progressive, anti-establishment lawmakers in the House of Representatives — has rendered her completely incapable of “accomplishing anything” in the halls of Congress, according to the newspaper.

The editorial board urged its readers to vote for Wesley Bell, pointing to his moderated approach to the Israeli-Palestinian conflict as an example of his pragmatism and moral clarity. 

“On Israel, Bell offers an appropriately measured stance, acknowledging the need to protect Gazan civilians and work toward a two-state solution, while supporting America’s closest ally in the Middle East,” the outlet wrote. 

In contrast to Bush, Bell has expressed more sympathy to Israel’s military operations in Gaza, emphatically rejecting the notion that Israel’s actions in Gaza constitute “genocide” or “ethnic cleansing.”

Moreover, Bell has strengthened his ties with the Jewish community over the course of his campaign. The American Israel Public Affairs Committee (AIPAC), the foremost pro-Israel lobbying group in the US, donated a reported $5 million to Bell’s campaign through its United Democracy Project super PAC. A group of 30 St. Louis-area rabbis penned a letter endorsing Bell, accusing Bush of a “lack of decency, disregard for history, and for intentionally fueling antisemitism and hatred.” Bell also brought about an official “director of Jewish outreach” to increase turnout among the Jewish community. 

A poll commissioned by McLaughlin & Associates and sponsored by the CCA Action Fund, a pro-Bell super PAC, showed Bell with a commanding 56 percent to 33 percent lead over Bush. 

Supporters of Israel see the primary race as a prime opportunity to oust another opponent of the Jewish state from the halls of Congress. Rep. Jamaal Bowman (D-NY), a progressive lawmaker, lost his primary race to a pro-Israel challenger on June 25. Over the course of his reelection campaign, Bowman accused Israel of committing “genocide” and enacting “apartheid” against Palestinians. Bowman’s comments incensed Jewish constituents in the leafy suburbs of Westchester County, New York. 

Furthermore, observers are looking to the race as a potential indicator of the Democratic electorate’s position on Israel. Opinions of the Jewish state among Democrats have soured in the months following Oct. 7, calling into question whether anti-Israel views are still a liability with American liberals.

The post Top St. Louis Newspaper Endorses US Rep. Cori Bush’s Opponent, Argues Incumbent’s Israel Stance Is ‘Disqualifying’ first appeared on Algemeiner.com.

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