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Israel Must Confront the Jihadist Desire for Immortality
Effective counter-terrorism is never just about strategy, tactics, or doctrine. Whatever an insurgency’s operational specifics, this area of national security planning should always remain starkly analytic and logic-centered. For Israel in the Islamic Middle East, this means a heightened conceptual awareness of death and “last things” as embraced by its jihadist foes.
It means, inter alia, that Israel’s counter-terrorism planners should continuously bear in mind the primacy of one consistently overlooked and underestimated form of power: the desire for immortality, or “power over death.”
Any promise of immortality is of course densely problematic. By definition, it lies beyond the boundaries of science and logic. How, then, should the desire of Israel’s terrorist adversaries for immortality be assessed by Israeli planners during the Gaza War?
Any such inquiry should begin with certain core questions. The principal query is this: How can one human being meaningfully offer eternal life to another? Reciprocally, it must also be asked: How can any terrorism-opposing state construct components of its national security program upon a determined enemy’s “hunger for immortality?” This phrase is taken from Spanish (Basque) philosopher Miguel de Unamuno’s classic treatise The Tragic Sense of Life (Del Sentimiento Tragico De La Vida; 1921). Unamuno would never, however, have been sympathetic to the twisted idea of a murderous faith-based “martyrdom.”
Though these questions are difficult, they have answers. Even in our age of incessant quantification and verification, there is something in our unreflective species that yearns not for reason-based clarity but for mystery and faith. In facing jihadist terrorist ideologies that promise the faithful eternal life, Israel must remain wary of projecting ordinary human rationality upon Hamas, Palestinian Islamic Jihad, Hezbollah, and others like them.
Projections of decision-making rationality usually make sense in world politics, but there are enough major exceptions to temper hopeful generalities. If Israel’s national decision-makers were to survey the current configuration of global jihadist terrorist organizations (both Sunni and Shiite) from an analytic standpoint, the nexus between “martyrdom operations” and “life everlasting” would be conspicuous. At that point, Israel’s security planners would be in a much better position to deter murderous hostage-takers and suicide-bombers, both in microcosm (individual human terrorists) and in macrocosm (enemy states that support terrorists).
In such time-urgent matters, there are corresponding and converging elements of law. Jihadist insurgents who seek to justify gratuitously violent attacks on civilians in the name of “martyrdom” are acting contrary to international law. All insurgents, even those who claim “just cause,” must still satisfy longstanding jurisprudential limits on permissible targets and on law-based levels of violence.
As a matter of binding law, such humane limits can never be tempered by claims of religious faith. Faith is never legally exculpatory.
According to authoritative jurisprudence, the relevant legal matters are not inherently complicated or bewildering. Under longstanding rules, even the allegedly “sacred” rights of insurgency must always exclude any deliberate targeting of civilians or any use of force to intentionally inflict unnecessary suffering.
Law and strategy are interrelated; but at the same time, they are analytically distinct. Regarding the Gaza War and effective counter-terrorism, the legal bottom line is clear: Violence becomes terrorism whenever politically animated insurgents murder (intentionally kill) or maim noncombatants, whether with guns, knives, bombs, automobiles, or anything else.
It is irrelevant whether the expressed cause of terror-violence is presumptively just or unjust. In the Law of Nations, unjust means used to achieve allegedly just ends are always violations of the law.
Sometimes, martyrdom-seeking terrorist foes such as Hamas advance a supposedly legal argument known as tu quoque. This historically discredited argument stipulates that because “the other side” is guilty of similar, equivalent, or greater criminality, “our” side is necessarily innocent of any wrongdoing. Jurisprudentially, any such disingenuous argument is always wrong and invalid, especially after the landmark postwar judgments of the Nuremberg (Germany) and Far East (Japan) tribunals.
For conventional armies and insurgent forces, the right to use military force can never supplant the rules of humanitarian international law. Such primary or jus cogens rules (rules that permit “no derogation”) are referenced as the law of armed conflict, humanitarian international law, or the law of war. Significantly, these terms apply to both state and sub-state participants in any armed conflict.
Repeatedly, however, and without a scintilla of law-based evidence, supporters of Hamas terror-violence against Israeli noncombatants insist that “the ends justify the means.” Leaving aside the ethical standards by which any such argument should be dismissed on its face, ends can never justify means in the law of armed conflict. There can be no defensible ambiguity regarding such a conclusion.
The witless banalities of politics ought never be taken to accurately represent the expectations of binding law. In such universal law, whether codified or customary, one person’s terrorist can never be another’s “freedom-fighter.” Though it is correct that certain insurgencies can sometimes be judged lawful or even law-enforcing, allowable resorts to force must always conform to humanitarian international law.
Whenever an insurgent group resorts to unjust means, its actions constitute terrorism. Even if adversarial claims of a hostile controlling power were plausible or acceptable (e.g., relentless Palestinian claims concerning an Israeli “occupation”), corollary claims of entitlement to “any means necessary” would still remain false. Recalling Hague Convention No. IV: “The right of belligerents to adopt means of injuring the enemy is not unlimited.”
What about Israeli attacks on Gaza? Though Israel’s ongoing bombardments of Gaza are producing many Palestinian casualties, the legal responsibility for these harms lies entirely with Hamas “perfidy,” or what is more colloquially called Hamas’s use of “human shields.”
It is also noteworthy that while Palestinian casualties are unwanted, inadvertent, and unintentional, Israeli civilian deaths and injuries are always the result of Palestinian terrorist criminal intent or “mens rea.” In law, there is a great difference between deliberately murdering innocent celebrants at an Israeli music festival and the lethal consequences of indispensable Israeli counter-terrorist operations in Gaza.
International law is not an intuitive or subjective set of standards. Such law always has determinable form and content. It cannot be casually invented and reinvented by terror groups to justify their interests. This is especially true when their inhumane terror-violence intentionally targets a designated victim state’s most fragile and vulnerable civilians.
National liberation movements that fail to meet the test of just means can never be protected as lawful or legitimate. Even if the law were to accept the questionable argument that relevant terror groups had fulfilled all valid criteria of “national liberation” (e.g., Iran-supported Hamas or Hezbollah), these groups would still not satisfy the equally significant legal standards of distinction, proportionality, and military necessity.
These enduring critical standards were specifically applied to insurgent or sub-state organizations by Article 3 of the four Geneva Conventions of 1949 and by the two 1977 Protocols to these Conventions.
Standards of humanity remain binding upon all combatants by virtue of the broader norms of customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention of 1907. This rule, commonly called the “Martens Clause,” makes “all persons” responsible for the “laws of humanity” and for associated “dictates of public conscience.” There can be no exceptions to this universal responsibility based upon a presumptively “just cause.”
Under international law, terrorist crimes mandate universal cooperation in both apprehension and punishment. As punishers of grave breaches under international law, all states are expected to search out and prosecute or extradite terrorists. Under no circumstances are states permitted to regard terrorists as law-abiding “freedom fighters.” This ought to be kept in mind by states that routinely place their own presumed religious and geopolitical obligations above the common interests of binding law.
The United States incorporates international law as the supreme law of the land in Article 6 of the Constitution, and Israel is guided by the immutable principles of a Higher Law. Fundamental legal authority for the American republic was derived largely from William Blackstone’s Commentaries, which in turn owe much of their clarifying content to jus cogens principles of Torah.
Ex injuria jus non oritur. “Rights can never stem from wrongs.” The labeling by jihadist adversaries of Israel of their most violent insurgents as “martyrs” should have no exculpatory or mitigating effect on their terrorist crimes. As a practical problem, of course, these faith-driven foes are animated by the most compelling form of power imaginable. This is the power of immortality or “power over death.”
For Israel, a primary orientation of law-based engagement in counter-terrorism should always take close account of enemy attraction to “last things.” Philosopher Emmanuel Levinas’s observation that “an immortal person is a contradiction in terms” lies beyond intellectual challenge, but jihadist promises of “power over death” still remain supremely attractive to terrorists. It follows that Israeli counter-terrorist planners ought to focus more directly on the eschatology of its Gaza War terrorist adversaries.
For the foreseeable future, Hamas “martyrs” will present an incrementally existential threat to Israel. If these barbarous criminals should ever get their hands on fissile materials, however, this threat could become more immediately existential. Hamas would not require a chain-reaction nuclear explosive but only the much more accessible ingredients for a radiation dispersal device.
In a worst-case scenario, the use of a primitive nuclear device by Hamas or Hezbollah could spur Iran to enter into direct military conflict with Israel. At that point, Israeli policy considerations of “last things” could become all-important and determinative. For Israel, the primary battlefield will always be intellectual, not territorial. A jihadist enemy that links terror-violence against the innocent to delusionary promises of immortality poses a potentially irremediable threat.
Louis René Beres is Emeritus Professor of International Law at Purdue and the author of many books and articles on terrorism and international law. His latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2nd ed., 2018). A version of this article was originally published by The BESA Center.
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Argentine Jews Express Outrage After Venezuela’s Maduro Blasts Argentina Government as ‘Nazi and Zionist’
Venezuelan President Nicolas Maduro speaks during a march amid the disputed presidential election, in Caracas, Venezuela, Aug. 3, 2024. Photo: REUTERS/Maxwell Briceno
The Jewish community in Argentina lambasted Venezuelan leader Nicolás Maduro this week after he described Argentina’s government as “Nazi and Zionist” while addressing on ongoing dispute between the two countries over the arrest of an Argentine military officer in Venezuela.
“A terrorist like this famous Argentine has been captured. The Nazi and Zionist government of Argentina wants us to award him a decoration,” Maduro said during an event on Wednesday in Caracas, the Venezuelan capital.
Maduro was addressing the situation of Nahuel Gallo, a corporal in Argentina’s Gendarmería security force who was arrested in Venezuela last month and charged with terrorism. The socialist Venezuelan government accused Gallo of “being part of a group of people who tried to commit destabilizing and terrorist acts [in Venezuela] with the support of international far-right groups.”
Argentina is currently governed by the right-wing administration of President Javier Milei, whose security minister, Patricia Bullrich, described the charges as “another lie” by Venezuela’s government and said that Gallo should be returned to Argentina “immediately.”
Gallo’s relatives said that he had traveled to Venezuela to visit his wife, who is Venezuelan and was reportedly in the country to spend time with her mother.
Venezuela broke diplomatic relations with Argentina in August after Milei and several other Latin American leaders refused to recognize Maduro’s reelection in July. While Argentina’s diplomats were expelled, some Venezuelan opposition activists, who had sought refuge at the ambassador’s residence to avoid arrest, have since then remained in the building, having been denied safe passage in Venezuela and seeking political asylum in Argentina.
On Monday, Maduro accused Gallo of being part of a plot to assassinate his vice president, Delcy Rodríguez. The next day, Venezuelan opposition leader María Corina Machado said that Gallo is being held “hostage” by Maduro’s government.
Against this backdrop, Argentina’s Jewish umbrella organization, the Delegation of Argentine Israelite Associations (DAIA), on Thursday released a statement slamming Maduro for using the term “Nazi and Zionist” to describe their government.
“In the context of the conflict with Argentina over the gendarme Nahuel Gallo detained in Venezuela, Nicolás Maduro called the government of our country ‘Nazi and Zionist.’ The phrase not only trivializes the tragedy of the Holocaust, diminishing its importance and impact, but also refers to Zionism as a disqualifying insult, even though it represents the legitimate existence of the State of Israel,” the DAIA said in its statement.
“At the same time,” the group continued, “it reveals the violent characteristics of the dictatorial regime that has subjected the Venezuelan people to slavery for years. It does so by exercising terror and oppression on those who fight to reestablish the path of democracy. DAIA condemns Maduro’s violent expressions and expresses its support for those who seek to live in a free and pluralistic society in which human rights are respected.”
Maduro has regularly used antisemitic rhetoric during his time in power in Venezuela. In August, for example, he blamed “international Zionism” for the protests against his reign following the country’s July 28 elections after which he claimed victory despite widespread suspicions of foul play.
The “extremist right,” referring to his opposition, “is supported by international Zionism,” Maduro claimed in an address at the time. “All the communication power of Zionism, who controls all social networks, the satellites, and all the power behind this coup d’état.”
Deborah Lipstadt, the US special envoy to monitor and combat antisemitism, called Maduro’s claims “absurd,” “antisemitic,” and “unacceptable.”
Maduro has been in power since 2013 and has overseen a dramatic economic decline in Venezuela. Redirecting personal failures as the fault of Jews, or, in this case, “international Zionism,” has long been a tactic of antisemites looking for a scapegoat.
Protests and unrest erupted in Venezuela after the presidential election in July, when Maduro’s government was accused by his political opposition, outside observers, and foreign governments of committing fraud to secure a victory.
Nonetheless, Maduro on Friday began his third term as Venezuela’s president, despite US Secretary of State Antony Blinken referring to his “illegitimate presidential inauguration in Venezuela” as a “desperate attempt” to seize power.
“The Venezuelan people and world know the truth — Maduro clearly lost the 2024 presidential election and has no right to claim the presidency,” Blinken said in a statement. “The United States rejects the National Electoral Council’s fraudulent announcement that Maduro won the presidential election and does not recognize Nicolás Maduro as the president of Venezuela.”
Edmundo González Urrutia should have been sworn in as the Venezuelan president, according to the US State Department.
Israeli Foreign Minister Gideon Sa’ar agreed, posting on X/Twitter that the Jewish state “expresses concern over the political persecution and arbitrary arrests by the regime and joins the call of many in the international community to restore freedom and democracy in Venezuela.”
“Today, Jan. 10, Edmundo González Urrutia, the elected president of Venezuela, who won the presidential elections by a significant majority, was supposed to be inaugurated,” Sa’ar added. “However, the election results are not being respected, and his inauguration is not taking place. The ruler, Nicolás Maduro, an ally of Iran, must honor the will of the people in his country.”
In Argentina, meanwhile, Milei has expressed admiration for Judaism and support for Israel. He appointed Rabbi Axel Wahnish, who has served as his spiritual advisor for the last two years, as Argentina’s ambassador to Israel and has studied Torah and other Jewish texts. The Catholic Milei has previously said that were it not for the duties of his office, which require him to work on the Sabbath and on Jewish holidays, he would convert to Judaism.
Argentina has become a key player in organizing efforts to combat antisemitism in recent months. In July, for example, more than 30 countries led by the United States adopted “global guidelines for countering antisemitism” during a gathering of special envoys and other representatives from around the globe in Argentina.
The gathering came one day before Argentina’s Jewish community commemorated the 30th anniversary of the 1994 targeted bombing of the Argentine Israelite Mutual Association (AMIA) Jewish community center in Buenos Aires. Milei promised to right decades of inaction and inconsistencies in the investigations into the attack.
In April, Argentina’s top criminal court blamed Iran for the attack, saying it was carried out by Hezbollah terrorists responding to “a political and strategic design” by Iran.
Iran is the chief international sponsor of Hamas, providing the terror group with weapons, funding, and training.
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Tlaib Sports Palestinian Keffiyeh at Carter Funeral, Thanks Late President for ‘Speaking Out Against Apartheid’
US Rep. Rashida Tlaib (D-MI) addresses attendees as she takes part in a protest calling for a ceasefire in Gaza outside the US Capitol, in Washington, DC, US, Oct. 18, 2023. Photo: REUTERS/Leah Millis
US Rep. Rashida Tlaib (D-MI), one of the most strident opponents of Israel in Congress, wore a Palestinian keffiyeh to the funeral of former President Jimmy Carter, commemorating the late American leader’s advocacy against so-called “apartheid” in the Jewish state.
“Rest in peace, President Jimmy Carter. It was an honor to be there with your family. I wore my Palestinian keffiyeh to show my gratitude for your courageous stance in speaking out against apartheid and standing up for peace,” Tlaib posted on X/Twitter, along with a picture of her keffyeh.
Rest in peace, President Jimmy Carter. It was an honor to be there with your family. I wore my Palestinian keffiyeh to show my gratitude for your courageous stance in speaking out against apartheid and standing up for peace. pic.twitter.com/Vf0XLN2BtJ
— Rashida Tlaib (@RashidaTlaib) January 9, 2025
The keffiyeh, a traditional Arab headscarf, has become known as a symbol of solidarity with the Palestinian cause and opposition to Israel since the outbreak of the war in Gaza in October 2023.
High-profile politicians, including all five living US presidents, attended Carter’s funeral at the National Cathedral in Washington, DC on Thursday. The former president died on Dec. 29, 2024 at 100 years old due to heart failure.
Over the past couple of decades, Carter’s public commentary on the Israeli-Palestinian conflict has ruffled feathers among supporters of the Jewish state. In 2006, Carter raised eyebrows after publishing a book titled, Palestine: Peace Not Apartheid, which condemned Israel for constructing settlements in the West Bank and accused the Jewish state of constructing a racially-discriminatory political regime.
In 2009, Carter traveled to the Middle East and held meetings with leaders of the Palestinian terrorist group Hamas. Critics noted that he did not criticize Hamas leadership during his meeting and praised the terrorists as being “frank and honest.”
In 2015, Carter further incensed proponents of the Jewish state when he seemingly defended senior Hamas leader Khaled Mashal and argued that the terrorist group was not an obstacle to peace in the region.
“I don’t believe that [Mashal’s] a terrorist. He’s strongly in favor of the peace process,” Carter said at the time.
“I don’t see that deep commitment on the part of [Israeli Prime Minister Benjamin] Netanyahu to make concessions which [former Prime Minister] Menachem Begin did to find peace with his potential enemies,” Carter continued.
Since entering Congress, Tlaib has positioned herself as one of the most vocal anti-Israel critics in US politics. Tlaib, the first Palestinian American woman to serve in the House of Representatives, has repeatedly used her platform to lodge condemnations against Israel.
The congresswoman has accused Israel of committing “apartheid” against Palestinians. In the year following Hamas’s massacre across southern Israel last Oct. 7, Tlaib has smeared the Jewish state’s defensive military operations as a “genocide,” calling on US President Joe Biden to force a “ceasefire” between Israel and the terrorist group and implement an “arms embargo” against the Jewish state.
On Thursday, Tlaib slammed the House for passing a bill which would sanction members of the International Criminal Court (ICC) over its issuing of arrest warrants for Netanyahu and his former defense minister, Yoav Gallant
“What’s their top priority the first week of the new Congress? Lowering costs? Addressing the housing crisis? No, it’s sanctioning the International Criminal Court to protect genocidal maniac Netanyahu so he can continue the genocide in Gaza,” Tlaib wrote on social media.
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Sydney Synagogue Daubed in Antisemitic Graffiti in Latest Attack on Australian Jews
Southern Sydney Synagogue in the suburb of Allawah, Australia, was vandalized with antisemitic graffiti on Jan. 10, 2024. Photo: Screenshot
A synagogue in Sydney was daubed in antisemitic graffiti on Friday, police said, the latest in a spate of incidents targeting Jews in Australia.
Police will deploy a special task force to investigate the attack on the Southern Sydney Synagogue in the suburb of Allawah that happened in the early hours of Friday morning, New South Wales state Police Assistant Commissioner Peter McKenna told a news conference.
“The people who do the sort of thing should realize we will be out in force to look for them; we will catch them and prosecute them,” he said.
Television footage showed multiple swastikas painted on the building, along with a message reading “Hitler on top.”
“[There is] no place in Australia, our tolerant multicultural community, for this sort of criminal activity,” Australian Prime Minister Anthony Albanese told a news conference.
The incident is the latest in a series of antisemitic incidents in Australia in the last year, including multiple incidents of graffiti on buildings and cars in Sydney, as well as arson attack on a synagogue in Melbourne that police have ruled as terrorism.
Australia has seen an increase in antisemitic and Islamophobic incidents since Hamas attacked Israel in October 2023 and Israel launched its war against the Palestinian terrorist group in Gaza. Some Jewish organizations have said the government has not taken sufficient action in response.
The country launched a task force last month following the Melbourne synagogue blaze, focusing on threats, violence, and hatred towards the Australian Jewish community.
Australia’s ice hockey federation said on Tuesday it had cancelled a planned international qualifying tournament due to safety concerns, with local media reporting the decision was linked to the participation of the Israeli national team.
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