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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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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.
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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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