RSS
Israel’s Targeting of Hamas Commander Marwan Issa Was a Legal Operation
Palestinian fighters from the armed wing of Hamas take part in a military parade to mark the anniversary of the 2014 war with Israel, near the border in the central Gaza Strip, July 19, 2023. REUTERS/Ibraheem Abu Mustafa
Under authoritative international rules, Israel’s mid-March targeting of senior Hamas commander Marwan Issa was law-enforcing. Among other egregious crimes, Issa was a key planner of the October 7 rampage against Israeli civilians. Maj. Gen. Tamir Hayman, former chief of Israeli military intelligence, accurately described this Palestinian terrorist leader as Hamas’s “strategic mind.” To fully understand this law-based action, geopolitical context is necessary. In essence, the world legal structure compels a vigilante system of justice. It is against the background of continuing global anarchy that terror-beleaguered states must identify and operationally shape their counter-terrorism options.
Responding to intentionally indiscriminate, grand-scale Hamas violence, Israel’s terrorist-removing airstrike in March was an authentic act of law enforcement, one that precisely targeted Hamas commander Marwan Issa while he cowered in an underground Gaza compound. Faced with the persistent threat of Palestinian terrorism — a threat that could eventually escalate to include weapons of mass destruction — Israel has no reasonable choice but to eliminate Hamas leadership wherever deemed possible and cost-effective. This means a periodic resort to the targeting of terror-criminals.
Abandoning such a primary obligation would express more than an existential threat to Israel itself. It would also represent a potentially devastating threat to regional and even global security. An overriding example of such threat would be a direct Iranian attack on Israel that escalates into unconventional or nuclear war. Though Iran is pre-nuclear, any accelerating search for “escalation dominance” by Israel and Iran could still produce a nuclear conflict. This is because Iran already has access to radiation dispersal weapons and can already launch a conventional attack on Israel’s Dimona nuclear reactor.
Under binding international law, terrorism represents a crime that must be prevented and punished. As we may learn from both Roman and Jewish law (Torah), a “higher law” obtains. This core rule affirms the immutable principle of “No crime without a punishment.” It can be found, among other valid sources, in the London Charter of August 8, 1945, the founding document of the historic Nuremberg Tribunal.
In law, terrorists are known as hostes humani generis or “common enemies of humankind.” While the world legal system allows certain insurgencies in matters of self-determination, there is nothing about such matters that can ever justify deliberate attacks on civilians. In this connection, it is important to remember that an integral part of all criminal law is the underlying question of mens rea, or “criminal intent.”
On this point, there can be no reasonable comparison of Marwan Issa’s deliberate mass murder of Israeli noncombatants and the civilian harms now being suffered in Gaza. As an unambiguous matter of humanitarian international law, responsibility for all these harms falls entirely upon the “perfidious” behavior (i.e., use of “human shields”) of Hamas and Iran. It does not fall on Israeli forces acting to support legitimate and indispensable rights of national self-defense.
Under the binding laws of war, even where an insurgent use of force has “just cause,” it must still wage its fight with “just means.” The phrase “One man’s terrorist is another’s freedom fighter” is never more than an empty witticism. Jurisprudentially, this comparison contradicts the law.
Ordinarily, assassination, like terrorism, is a crime under international law. Under certain conditions, however, the targeted killing of terrorist leaders can represent a life-saving and heroic example of necessary law enforcement. In our self-defense-oriented world legal system, the only alternative to states launching precise targeting actions against terrorists would be to allow incessant terror-violence against the innocent. This is because terror-organizations like Hamas and terror-mentoring states like Iran display undisguised contempt for all ordinary criminal law expectations of extradition. The formal term for this openly ignored expectation is “extradite or prosecute” or (for the lawyers) aut dedere, aut judicare.
At first glance, to accept the targeted killings of terrorist leaders as law-enforcing remediation would seem to disregard the usual obligations of “due process.” But international legal relations are not overseen by the same civil protections offered by individual national governments, and terrorist leaders like Marwan Issa orchestrate unspeakably brutal attacks on men, women and children with manifest enthusiasm. On October 7, 2023, Hamas attackers perpetrated the rape-mutilation of males as well as females, of children as well as adults. Let no one forget the details. This assault was not about Palestinian “sovereignty,” “national self-determination” or “statehood.” It was an expression of the visceral “joys” of pure barbarism.
If Hamas and related groups are held immune for their crimes by civilized states, terror attacks could escalate to exploit chemical, biological or even nuclear elements. For the moment, a nuclear option would be limited to “only” a “dirty bomb” (radiation dispersal weapons), but this can change. In the foreseeable future, Iran could fashion and deploy an authentic chain-reaction nuclear explosive. In short order, such actions could spawn joint Iran-Hamas crimes against peace, crimes of war, and crimes against humanity.
The willfully indiscriminate nature of jihadist terrorist operations (not just Hamas) is well documented. The intentional blurring of lines between lawful and unlawful targets is rooted in certain generic principles of “holy war.” Several years ago, a recorded remark by Sheikh Omar Bakri Muhammad, then a prominent Muslim cleric in London, explained doctrinal linkages between Islamic terror and “holy war:” Said the sheikh, “We don’t make a distinction between civilians and non-civilians, innocents and non-innocents. Only between Muslims and unbelievers. And the life of an unbeliever (a Jew or Christian) has no value. It has no sanctity.”
As was learned yet again on October 7, 2023, jihadist attackers include gratuitous murder in their primal or pre-civilizational ideologies. The bottom line is that jihadist belief systems embrace the sacrificial slaughter of “unbelievers.” For Hamas and related terror groups, “military objectives” normally include elementary schools, bomb shelters, ice-cream parlors, civilian bus stops and elderly pedestrians. In law, these perpetrators ought never to be called “militants.” Whatever their alleged “just cause,” they always display criminal intent or mens rea.
Hamas, Hezbollah, Islamic Jihad and other terror groups remain dedicated to the primal idea that any peace agreement with Israel would represent an intolerable abomination to Islam. Facing these implacable enemies within the system of international law, Israel is entitled to the self-defending right to target terrorist leaders. Determining whether such remedies are militarily sound raises another question altogether.
In the final analysis, what is most noteworthy about the targeted killing of terrorist leaders like Marwan Issa is not its permissibility in law but its widespread unacceptability. Why is there a near-global unwillingness to endorse or merely acknowledge this established right?
International law is not a suicide pact. In current jurisprudence, an ancient principle still holds true: Ubi cessat remedium ordinarium, ibi decurritur ad extraordinarium, or “Where the ordinary remedy fails, recourse must be had to an extraordinary one.” It would be best, of course, if Israel didn’t have to resort to the targeted killing of terrorist adversaries, but in the present system of world law, this beleaguered country – which is smaller than Lake Michigan – has no choice.
Under international law, every state maintains the inherent right and corresponding obligation to protect its citizens from transnational criminal harms. In exceptional circumstances, this dual responsibility can extend to the targeted killing of terrorist leaders. If it were otherwise, world law would indeed be a suicide pact.
Under established international law principles governing insurgencies, the ends can never justify the means. A cause, even if it is arguably or seemingly legitimate, even if it is presumptively “sacred,” can never excuse premeditated violence against the innocent.
Furthermore: By the authoritative standards of contemporary international law, terrorists are akin to pirates in earlier times, subject to punishment (originally, hanging) by the first persons into whose hands they fall. At present, Hamas terrorists are international outlaws who fall within the operational scope of “universal jurisdiction.” This means, among other things, that any state can claim a valid right to arrest, prosecute and potentially target terrorist murderers even where there exist no geographic or citizen ties to the pertinent criminals.
In these matters, history warrants pride of place. Support for a limited right to the targeted killing of “common enemies of humankind” can be found in the classical writings of Aristotle, Plutarch and Cicero as well as in Jewish history. This history ranges from the Sicarii, who flourished at the time of destruction of the Second Temple, to the Lehi, who fought the British mandatory authority after World War II. If the worldwide community of states should ever choose to reject this right, it would then have to accept responsibility for any reciprocal violence launched upon innocent human beings.
The calculations are straightforward. Targeted killings, subject to applicable legal rules of distinction, proportionality, and military necessity, can on occasion offer the least unwelcome form of national self-protection. In such cases, especially where additional terror-crimes are still in the planning stage, the legal acceptability of violent self-help measures should be self-evident.
In our anarchic system of international law, this proposition lies beyond logical doubt. The world legal system is designed to protect everyone from foreseeable infringements of human rights and includes the corollary principle of universal cooperation.
In the best of all possible worlds, targeted killing would hold no defensible place in law-based counterterrorism. But we do not yet live in the best of all possible worlds, and the negative aspects of any such defensive action ought never to be evaluated apart from alternative policy consequences. If Israel had chosen not to target Marwan Issa so as not to injure the sensibilities of “civilized nations” (a phrase codified at Article 38 of the Statute of the International Court of Justice), more violence and death would have been inflicted upon many innocent human beings.
In the end, counterterrorism should always be governed by both legal and tactical criteria of assessment. If the expected human costs of a targeted assassination appear calculably lower than the expected costs of all other plausible self-defense options, such an assassination must emerge as the rational and moral choice. However odious it might at first appear, targeted killing in these circumstances could offer Israel the least injurious path to civilian security from insidious terror-violence.
Prof. Louis René Beres was educated at Princeton (Ph.D., 1971) and is the author of many books and scholarly articles dealing with international law, nuclear strategy, nuclear war, and terrorism. In Israel, Professor Beres was Chair of Project Daniel (PM Sharon). His twelfth and latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2016; 2nd ed., 2018). A version of this article was originally published by The BESA Center.
The post Israel’s Targeting of Hamas Commander Marwan Issa Was a Legal Operation first appeared on Algemeiner.com.
RSS
Jewish leaders welcome Canada’s decision to convene a second national antisemitism forum
Just one day after Israel’s president Isaac Herzog called on Prime Minister Justin Trudeau to take “firm and decisive action” to combat the “intolerable wave of antisemitic attacks against the Canadian Jewish community”, the federal government announced on Dec. 20 it is convening a national forum on combating antisemitism.
Details are scarce, but the forum will take place in Ottawa in February 2025, under the direction of the justice department and the department of public safety. Political leaders from all three levels of government will be invited to discuss how to better coordinate the justice system and law enforcement and focus specifically on “the growing public safety threat of antisemitism,” according to a media release from the Department of Justice on Dec. 20.
“Canada has seen a troubling rise in antisemitic incidents, threats, and hate crimes,” the release stated. “The Government of Canada recognizes the urgent need for national leadership to ensure Jewish Canadians feel safe in their synagogues, schools, and communities.”
This announcement comes at the end of a turbulent week that saw Congregation Beth Tikvah Ahavat Shalom Nusach Hoari, west of Montreal, firebombed overnight on Dec. 18. It marked the second time since Oct. 7, 2023, that the Dollard-des-Ormeaux shul and adjacent Jewish school were targeted, as well as the West Island office of Montreal’s Federation CJA.
Then, on Dec. 20, in Toronto, the Bais Chaya Mushka girls’ school was attacked by unknown gunmen who opened fire at 2:30 a.m. into the front of the building. It was the third time this year that the school has come under fire. No one was injured in either incident.
Jewish leaders have been pressing Ottawa to do more than issue sympathetic statements condemning antisemitism. They want to address meaningful gaps in policing across jurisdictions, and to press police to better enforce existing laws. In 2023, there were 900 hate crimes against Jews reported to Canadian police; Jews were the target of 70 percent of all religion-motivated hate crimes.
However, many community leaders point out that there have been few prosecutions, and are decrying that many of the charges eventually get dropped. Weekly antisemitic and anti-Israel street protests continue in many Canadian cities. Canadian and U.S. federal authorities have recently foiled several terrorist plots involving suspects who were charged with planning attacks on Jews in Ottawa, New York and Richmond Hill, Ont.
Second antisemitism summit since 2021
The February forum is being convened less than three years after the first antisemitism summit was held in July 2021, in the wake of the brief Hamas-Israel war earlier that year. Canada’s first special envoy on antisemitism, Irwin Cotler, helped steer that day-long event, which was held virtually due to the COVID pandemic. The guest list was restricted at first to Liberal ministers and lawmakers.
Following that first summit, the Canadian heritage ministry promised a series of actions to combat antisemitism, and, as The CJN has reported, some of these have come into being:
- Boosting financial help for Jewish communities in the government’s next anti-racism action plan, which was launched earlier this year
- Adjustment of the Security Infrastructure Program, announced this year, to help Jewish places of worship, camps, schools and offices more easily afford to hire security guards, and fortify their security equipment
- Introduced an online hate bill, aimed at tackling hate speech on social media. It has not been adopted yet, due to concerns about infringement on free speech
- More money and staff for the work of the office of the special envoy to preserve Holocaust remembrance and combat antisemitism, including a new handbook on antisemitism, issued Oct. 31
- Funding to revamp the national Holocaust monument signage in Ottawa
- Hearings into antisemitism held on Parliament Hill, specifically looking at campus antisemitism
However, it has been more than a year since domestic antisemitism exploded in the wake of Oct. 7. The violence has cost the lives of more than 800 Israeli soldiers and thousands of Palestinians, including Hamas terrorists, in Gaza.
As of now, it appears that a Jewish Liberal MP from Montreal could play a key role in the summit. Rachel Bendayan, a lawyer who has represented the riding of Outremont since 2019, was named to the federal cabinet on Dec. 20. Aside from her new duties as minister of official languages, Bendayan was named associate minister of public safety.
While Bendayan’s office did not reply to The CJN by publication time, she said she was “honoured and humbled to be sworn in as Minister of Official Languages and Associate Minister of Public Safety,” in a post on social media. “Grateful to share this moment with my family. Ready to get to work.”
Her colleague Anthony Housefather took it as an important signal that Bendayan’s nomination came on the same day as the antisemitism forum announcement.
In July, Housefather, who has since repeatedly called for the Prime Minister to resign, was named special advisor to Trudeau on matters concerning the Jewish community and antisemitism. Housefather has been lobbying for this new summit, behind the scenes and publicly, for months.
“I will work very hard at this forum to push for immediate action and solutions across the levels of government and am gratified that my friend and colleague Rachel Bendayan is the new Associate Minister of Public Safety as her position will allow the Jewish community voice to be even more prominent in giving priority to the issue of anti-Jewish hate,” Housefather said in a statement to The CJN.
Housefather and the Centre for Israel and Jewish Affairs have been working with Special Envoy Deborah Lyons to get this new summit approved. As The CJN reported on Dec. 11, calls for the summit were growing louder in recent weeks.
However, according to Richard Marceau, a CIJA vice-president, a summit of words was meaningless unless such a forum focused specifically on policing, law enforcement and prosecutions.
“The forum’s ultimate value will be determined only by the concrete results that come from it,” said Marceau, adding that the values of all Canadians are at stake, not just for Jewish Canadians.
“Police need more resources and specialized training. Laws need to be enforced, charges need to be laid, and perpetrators must be fully prosecuted to end the domination of our streets by extremists,” he said. “And the glorification of terrorism must finally be made a criminal offence in this country. Through the Forum, we will push for these and other concrete measures—but what we won’t accept are photo ops and platitudes. Action to protect our community and all Canadians is long overdue.”
Ahead of Friday’s summit announcement, the other Canadian Jewish member of the federal cabinet, Ya’ara Saks, the minister of mental health and addictions, stood in solidarity outside the site of the Bais Chaya Mushka school in North York after it was shot at.
Saks told a media conference that no Jewish girl, including her own daughters, should have to wake up every morning and ask whether it is safe to go to school—although she didn’t give away any hints that such a summit announcement was imminent.
“The community has been very clear in what needs to be done,” Saks said. “We need all hands on deck, all heads coming together to navigate forward collectively, collaboratively and with one unified voice to ensure that the Jewish community stays safe.
“I am hopeful that we will all get together and do the right thing on behalf of the Jewish community.”
While full details of the new summit have not been released, its fate could be in jeopardy even before it begins.
Although Bendayan and the other cabinet ministers were sworn in officially on Friday, it is unclear how long the Liberal government will remain in power. Efforts are underway by the Opposition Conservatives and New Democrats to topple the government soon, either through a non-confidence motion when Parliament reconvenes on Jan. 27 or sooner. Conservative Leader Pierre Poilievre is asking the governor general to force Parliament to come back before sooner than Jan. 27.
The post Jewish leaders welcome Canada’s decision to convene a second national antisemitism forum appeared first on The Canadian Jewish News.
RSS
UN Extends Peacekeeping Mission Between Syria and Golan Heights
Fences are seen on the ceasefire line between Israel and Syria in the Golan Heights, March 25, 2019. Photo: REUTERS/Ammar Awad
The United Nations Security Council on Friday extended a long-running peacekeeping mission between Syria and the Israeli Golan Heights for six months and expressed concern that military activities in the area could escalate tensions.
Since a lightning rebel offensive ousted Syrian President Bashar al-Assad earlier this month, Israeli troops have moved into the demilitarised zone – created after the 1973 Arab-Israeli war – that is patrolled by the U.N. Disengagement Observer Force (UNDOF).
Israeli officials have described the move as a limited and temporary measure to ensure the security of Israel‘s borders but have given no indication of when the troops might be withdrawn.
In the resolution adopted on Friday, the Security Council stressed “that both parties must abide by the terms of the 1974 Disengagement of Forces Agreement between Israel and the Syrian Arab Republic and scrupulously observe the ceasefire.”
It expressed concern that “the ongoing military activities conducted by any actor in the area of separation continue to have the potential to escalate tensions between Israel and the Syrian Arab Republic, jeopardize the ceasefire between the two countries, and pose a risk to the local civilian population and United Nations personnel on the ground.”
Armed forces from Israel and Syria are not allowed in the demilitarized zone – a 400-square-km (155-square-mile) “Area of Separation” – under the ceasefire arrangement.
U.N. Secretary-General Antonio Guterres said on Thursday: “Let me be clear: There should be no military forces in the area of separation other than U.N. peacekeepers – period.” He also said Israeli airstrikes on Syria were violations of the country’s sovereignty and territorial integrity and “must stop.”
The post UN Extends Peacekeeping Mission Between Syria and Golan Heights first appeared on Algemeiner.com.
RSS
Shots fired at Bais Chaya Mushka girls school for the third time this year
Bais Chaya Mushka, an elementary girls’ school in Toronto, was shot at early in the morning on Dec. 20, the third time the school has been targeted in the past seven months.
Shots were fired at the school in May and then again in October, on Yom Kippur.
Officers from Toronto Police Service’s 32 Division responded to reports of gunfire to discover six bullet holes in the building’s exterior. No one was inside the school at the time and no injuries were reported.
“It’s incredibly unfortunate that I stand here to discuss yet another shooting at this school,” Supt. Paul MacIntyre of the Organized Crime Enforcement Unit said during a press conference outside the school Friday morning.
Police have made progress in previous incidents at the school, MacIntyre said, stating that two people, a man and a youth, were arrested in connection with the October shooting, and a firearm was recovered. Investigators are now working to determine whether the latest attack is connected to those earlier cases.
“We’ve solved the second case, and the same teams are now working on this investigation,” he said. “With just a few days before Hanukkah, we know how deeply disturbing this is to the Jewish community. We will leave no stone unturned.”
Insp. Roger Desrochers of the Hate Crime Unit said hate crimes require “careful investigation” to determine whether they meet the threshold for charges under the Criminal Code.
“These matters are challenging. Not all offensive actions meet the threshold for criminal charges, and each case must be weighed carefully,” Desrochers said during the presser on Friday afternoon.
Rabbi Yaakov Vidal, principal of the school, said it was challenging to inform parents about the third shooting this year.
“It’s very, very difficult. It’s very, very hard to be woken up in the middle of the night with such news—and it’s now the third time,” Rabbi Vidal said at a press conference outside the school.
“We were not sure if we were able to have school here, due to the police investigation, then we were told it was possible to have school here. I was actually looking for a different location… Parents are very, very frustrated, very afraid to send their kids to school. I am aware of a few that did not send their kids to school today. We hope they once again feel safe to do so every single day, as they deserve.
The school had full-time security during the day when students were present, but overnight security was too expensive, Rabbi Vidal said. “We may have to do this at this point. We’ll have to see what our next step is.”
The recent violence has raised questions about police efforts to protect Jewish institutions. MacIntyre said police have ramped up patrols in recent months under initiatives like Project Resolute but emphasized that officers are also working to balance broader community safety concerns.
When asked whether Jewish institutions should consider armed private security, MacIntyre said he does not support the idea, adding, “We are here to support the community and will continue providing all available resources to ensure their safety.”
Parents picking up their daughters at school expressed both their concern and their determination as the school dealt with a third shooting.
One mother was on the verge of tears as she discussed her decision to send her child to school this morning.
“I don’t even know what to think anymore. It’s the third time. The cops are here, so I feel safe today, but the rest of the time I don’t feel safe,” she said. “These are little girls they’re trying to scare. These idiots should be thrown in jail, but they can’t seem to catch them.”
Her daughter, who suffers from anxiety now, made a grim joke about how easy it is to attack her school, the mother said. “This is my eight year old thinking this. She doesn’t watch violent things.”
Rabbi Yosef Hecht, a Chabad rabbi in Aurora, said he dropped off his two daughters at school this morning “with a very heavy heart,” especially since it was the third shooting.
“Did they catch the people? Do they know who’s behind this? Is it larger than what they are really telling us, is there something larger that we’re not aware of yet?” he asked.
But despite his concerns, he didn’t hesitate to send his children to school. “I felt the school did a good job repairing it temporarily. It shows that, no matter what, we are going to be resolute, strong, and this will just make us stronger and more proud.”
Local leaders call for action
At a press conference earlier in the day, politicians and leaders of the Jewish community were on hand to condemn the shooting and press all levels of government for more action.
The shooting came two days after a Montreal synagogue was firebombed for the second time since Oct. 7, 2023, the date of the Hamas terrorist attacks on Israel and the start of the war in Gaza.
“There are common-sense things that our leaders can do to deal with this problem right away. We need funding for police to get the job done and we need to put a stop to the extremism in our streets that’s inciting this violence. The time for our leaders to speak, to tweet, is over. Now it’s time for them to take action,” said Noah Shack, interim president of the Centre for Israel and Jewish Affairs.
“The fact is, this isn’t an isolated activity, whether it’s a synagogue being firebombed in Montreal or this school here that continues to suffer from gunfire in an effort to intimidate the girls that are here. There should be no daylight between the mayor of this city, the police of this city and the community that is facing this kind of threat day in and day out,” Shack said.
City councillor James Pasternak said Toronto police are stretched thin and need support from provincial police forces and the RCMP, and called for closer ties between elected officials and police forces.
“The police act forbids elected officials from directing police operations but the police act doesn’t stop us from nuance. We have to back up our police services, give them the political will to stop these roving mobs… that are inciting some of the violence that we are seeing in this neighbourhood and across the land,” he said.
Toronto Mayor Olivia Chow, who said in a statement that the shooting was “unacceptable,” was criticized by some Jewish community leaders for her weak stance on the antisemitism that has escalated in the city.
“Mayor Olivia Chow’s continued platitudes in response to antisemitic hate in Toronto ring hollow in the face of her permissive approach to this growing problem,” B’nai Brith Canada stated on social media.
“She has enabled an environment where such acts are allowed to flourish. Banal condemnations without concrete actions leave the Jewish community vulnerable and unsafe.”
Enough is enough. Antisemitism and antisemitic attacks have no place in Toronto.
The latest shooting at the Bais Chaya Mushka Elementary School is unacceptable. Once again students, families, and neighbours are waking up to safety concerns.
My office has been in contact with…
— Mayor Olivia Chow (@MayorOliviaChow) December 20, 2024
Michael Levitt, a former Liberal MP and now the president of the Friends of Simon Wiesenthal Center, who attended the press conference, also laid responsibility on Chow.
“We have not seen the mayor of the city draw a line through this type of activity and come out and be strong enough,” he said. “Sure, when shots are fired, but what about when all the other incidents have gone on? We need our mayor take a stand with the Jewish community and make it clear that keeping the Jewish community safe is a priority.”
MP Ya’ara Saks appeared at the press conference to expressed her support for the Jewish community. She pushed back on the suggestion that Prime Minister Justin Trudeau had not taken the issue seriously enough, pointing to increased funding for federal infrastructure grants, which can now be used for a wider variety of security resources.
This afternoon, the federal government also announced that a second national summit on antisemitism would be convened in February.
The post Shots fired at Bais Chaya Mushka girls school for the third time this year appeared first on The Canadian Jewish News.
You must be logged in to post a comment Login