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What the Law Actually Says About Targeting Jihadist Terrorists

Explosions take place on the deck of the Greek-flagged oil tanker Sounion on the Red Sea, in this handout picture released Aug. 29, 2024. Photo: Houthi Military Media/Handout via REUTERS

During the coming year, the United States, in occasional concert with Israel, must confront expanding terrorist threats. Topping pertinent concerns in Washington and Jerusalem will be an assortment of jihadi groups, some spawned by the al-Assad regime collapse in Syria and some by coinciding reconfigurations of Hamas, Hezbollah, Islamic Jihad, and Houthi criminals. Also predictable are (1) strengthened and dispersed Fatah units beyond Judea/Samaria (West Bank); and (2) variously lethal synergies between criminal terrorist organizations that include al-Qaeda and ISIS remnants.

Under the protective tutelage of an American president, “We the People” are entitled to expect basic safety in world politics. At a minimum, we should all be able to assume that wider and consistently capable circles of public authority remain poised to thwart terror attacks.

In terms of United States law, the authoritative roots of core security assurances go back to 17th century English philosopher Thomas Hobbes. Though likely unfamiliar to America’s current president and his senior defense advisors, Hobbes’ Leviathan was integral to the political thought of Thomas Jefferson. The erudite author of the Declaration was widely read by all categories of educated persons.

Regarding US counterterrorist preparation, America’s national security establishment must get ready for all contingencies, most plainly jihadi terrorists who seek “martyrdom.” This includes fashioning conceptual foundations for future Osama Bin-Laden “elimination-type” operations.

During the Obama years, one conspicuously major targeted killing of a jihadi terrorist was the September 2011 US drone-assassination of Anwar al-Awlaki in Yemen. That case was notably “special” in one generally overlooked or underestimated aspect: Jihadi al-Alwaki was born in New Mexico, and was therefore a US citizen. At the same time, despite the US Constitution’s Fifth Amendment protections regarding “due process,” it represented a tactical option that could sometime need to be repeated.

Here, a presumptively effective tactic would simultaneously undermine American law and justice.

What should be decided in Washington? Each and every trade-off option would be injurious. Even if we take with utmost seriousness Cicero’s reasonable injunction (“The safety of the people shall be the highest law”), it’s not clear which operational choices would best serve such indispensable “safety?”

What precise legal guidelines should Americans follow in these settings?

To respond properly, Trump and his designated counselors will need to inquire: “Is it sufficiently legal to target and kill jihadi terrorists if precise linkages between prospective targets and discernible attack intentions can be documented?”

To meaningfully answer this critical question, it will first be necessary for Trump’s national security officials to ask whether a proposed terrorist killing plan would be gainfully preemptive or just narrowly retributive. If the latter, a judgment wherein national self-defense was not in any way the underlying operational rationale, authoritative determinations of legality could become more problematic. It would not be sensible to launch risky defensive actions against terrorist adversaries solely because these actions could meet jurisprudential standards.

 It gets even more complicated.

Assassination is explicitly prohibited by US law. (See Exec. Order No. 12333, 3 C.F.R. 200 (1988), reprinted in 50 U.S.C.  Sec. 401 (1988)). Generally, it is also a crime under international law, which, though not widely understood, is part of American domestic law.

Still, at least in certain more-or-less residual circumstances, the targeted killing of jihadi terrorist leaders could be correctly excluded from ordinarily prohibited behaviors. Accordingly, such peremptorily protective actions could still be defended as permissible expressions of national law-enforcement.

A similar defense could sometimes be applied to the considered killing of terrorist “rank-and-file,” especially where such selective lethality had become part of an already-ongoing pattern of US counter-terrorism. Earlier, for example, the United States widened the scope of its permissible terrorist targeting in parts of Iraq, Afghanistan, and Syria. This widened arc of permissibility — one which now modifies more stringent rules of engagement concerning human target identification — represented a byproduct of continuously developing drone technologies.

In the best of all possible worlds, there would be no need for any decentralized or “vigilante” expressions of international justice. Obviously, we don’t yet live in such an ideal world. Instead, enduring uneasily in an historically anarchic world order- – a context that international law professors prefer to call “Westphalian.”

At some still-indeterminable point, terrorist escalations could lead to instances of chemical, biological or nuclear attack. These unprecedented attacks (ones that are sui generis in law) might be undertaken by assorted sub-state adversaries or by certain “hybrid” combinations of state and sub-state foes. Ironically, in the policies of US ally Israel, dominant concerns have centered on Iran-Hezbollah and Iran/Hamas combinations. Here, an evident irony stems from the fact that one Iranian surrogate (Hezbollah) is Shiite while the other (Hamas) is Sunni.

In our persistently anarchic and prospectively chaotic world legal system, assorted jihadi leaders are already responsible for the mass killing of noncombatant men, women, and children of many different nationalities. It follows that wherever such leaders are not suitably “terminated” by the United States or Israel in the tumultuous Middle East, egregious terror crimes will almost certainly continue and be left unpunished.

Any impunity would be inconsistent with the universal legal obligation to punish international crimes, a jus cogens or peremptory obligation reaffirmed at the original Nuremberg Tribunal and in the subsequent Nuremberg Principles.

Inevitably, complex considerations of law and tactics will intersect and inter-penetrate. In this connection, the glaring indiscriminacy of most jihadist operations is rarely if ever the result of adversarial inadvertence. Typically, it is the intentional outcome of violent terrorist inclinations, unambiguously murderous ideals that lay embedded in the jihadist terrorist leader’s operative views of insurgency.

For jihadists, there can never be meaningful distinctions between civilians and non-civilians, between innocents and non-innocents. For these active or latent terrorist murderers, all that really matters are unassailably immutable distinctions between Muslims, “apostates” and “unbelievers.”

As for the apostates and unbelievers, it’s quite simple. Their lives, believe the jihadists, have no value. Prima facie, they have no immunizing sanctity. In law, both international and national, every government has the right and obligation to protect its citizens against external harms.

Usually, assassination is a certifiable crime under international law. Yet, in our essentially decentralized system of world law, extraordinary self-help by individual states is often necessary, and more-then-occasionally the only real alternative to passively sufferance of terror crimes. In the absence of particular targeted killings, terrorists would continue to create havoc against defenseless civilians almost anywhere of their choosing and with unjust impunity.

A basic difficulty is that jihadi terror criminals are usually immune to the more orthodox legal expectations of extradition and prosecution (aut dedere, aut judicare). This is not to suggest that the targeted killing of terrorists will always “work” — there is literally nothing to support the logic of any such suggestion — but only that disallowing such killing ex ante might not be operationally gainful or legally just.

If carried out with aptly due regard for pertinent “rules,” targeting terrorist leaders could remain consistent with the ancient legal principle of Nullum crimen sine poena, “No crime without a punishment.” Earlier, this original principle of justice had been cited as a dominant rationale for both the Tokyo and Nuremberg war crime tribunals. Subsequently, it was incorporated into customary international law, an authoritative source of law identified inter alia at Article 38 of the Statute of the International Court of Justice.

 By both the codified and customary standards of contemporary international law, all terrorists are hostes humani generis, or “common enemies of humankind.” Still, choosing precisely which terrorists ought to be targeted remains a largely ideological rather than jurisprudential matter.

Overall, in his consideration of assassination or targeted-killing as counter-terrorism, President Trump should consider the clarifying position of 18th century Swiss scholar Emmerich de Vattel in his most famous work, The Law of Nations, or the Principles of Natural Law (1758): “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.”

Even earlier, the right of self-defense by forestalling an attack had been asserted by the foundational Dutch scholar, Hugo Grotius, in Book II of The Law of War and Peace (1625). Recognizing the need for what later jurisprudence would reference as threatening international behavior that is “imminent in point of time,” Grotius indicated that self-defense must be permitted not only after an attack has already been suffered, but also in advance, where “the deed may be anticipated.”

Further on, in the same chapter, Grotius summarized: “It be lawful to kill him who is preparing to kill.” Interestingly, Vattel, Pufendorf and Grotius were all taken into primary account by Thomas Jefferson in the American Declaration of Independence.

International law is not a suicide pact. “Where the ordinary remedy fails, recourse must be had to an extraordinary one.”

Donald Trump is obligated to comply with the rules and procedures of humanitarian international law, yet he must also bear in mind that jihadist enemies will remain unaffected by these or any other jurisprudential expectations. Assassination and broader forms of preemption may sometimes be not only allowable under binding international law, but indispensable.

Conversely, there are occasions when strategies of assassination could be determinedly legal but be operationally ineffectual. Recalling the close connections between international law and US law — connections that extend to direct and literal forms of “incorporation” – -an American president can never choose to dismiss the law of war on grounds that it is “merely international.”Always, President Trump should consider decipherable connections between targeted killings, counter-terrorism, and United States Constitutional Law.

Under US law, we are bound to inquire, should an American president ever be authorized to order the extra-judicial killing of a United States citizen — even one deemed an “enemy combatant” — without meaningful reference to “due process of law?” On its face, any affirmative response to this query would be difficult to defend under the US Constitution.

Operational approval would need to be based upon a reasonably presumed high urgency of terror threat. Any such allegedly “authorized” targeted killing of US citizens would express potentially irremediable tension between indissoluble citizen rights and peremptory requirements of public safety. Going forward with obligatory counter terrorist preparations, the US president will need to keep this firmly in mind.

US policy on assassination or targeted killing will have to reflect a very delicate balance. Most important, in any such calculation, will be the protection of civilian populations from jihadist terror-inflicted harms. In those circumstances where harms would involve unconventional weapons of any sort — chemical, biological or nuclear — the legal propriety of targeting jihadists could be patently obvious (per Cicero, above) and “beyond reasonable doubt.”

In sum, for both the United States and Israel, legal assessments of targeted killing ought never be undertaken apart from correlative operational expectations. This means that before any “extraordinary remedies” should be applied, these measures would be not only legally correct, but tactically cost-effective. In the end, as we may finally be reminded by Cicero in The Laws, “The safety of the people shall be the highest law.”

Louis René Beres, Emeritus Professor of International Law at Purdue, is the author of many books and articles dealing with nuclear strategy and nuclear war, including Apocalypse: Nuclear Catastrophe in World Politics (University of Chicago Press, 1980) and Security or Armageddon: Israel’s Nuclear Strategy (D.C. Heath/Lexington, 1986). His twelfth book, Surviving Amid Chaos: Israel’s Nuclear Strategy, was published by Rowman and Littlefield in 2016. A version of this article was originally published by Jewish Business News.

The post What the Law Actually Says About Targeting Jihadist Terrorists first appeared on Algemeiner.com.

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When Did the Current Wave of Antisemitism Begin?

Jewish-American Wall Street journalist Daniel Pearl. Photo: Screenshot

JNS.orgIn nearly 30 years of writing and speaking about global antisemitism, I’ve been asked more than once if it’s possible to pinpoint when this present wave of hatred first reared its head. It’s a question that takes on added significance in the wake of the Oct. 7, 2023 Hamas pogrom in Israel—the event that continues to drive the topic of antisemitism to the top of the headlines around the world.

Of course, antisemitism never faded away entirely, as most Jews know all too well. The decades that followed the Allied victory over Nazi Germany, whose 80th anniversary we marked last week, ushered in an unprecedented age of empowerment for the Jewish people. In most of the Diaspora (the Soviet Union and the Arab states being glaring exceptions), the civil and political rights of Jewish communities were enshrined, bolstered by the widely shared taboo on antisemitic rhetoric and activity that coalesced alongside revelations of the horror of the Nazi concentration camps. More importantly, for the first time in two millennia, the Jews finally achieved their own state, with armed forces that proved eminently capable of defeating the threats to Israel’s existence from around the region.

We had been, in the parlance of the early theorists of Zionism, “normalized”—or at least we thought as much.

The age of empowerment was not a golden age. Jews still languishing in the Soviet Union were persecuted and forbidden to make aliyah. The flourishing of multiple armed Palestinian organizations after the 1967 war subjected Israelis and Diaspora Jews to terrorist outrages, among them airplane hijackings and gun attacks on synagogues. The United Nations, whose General Assembly passed a 1975 resolution equating Zionism with racism, became the main incubator of the loathing directed at Israel. The brief postwar honeymoon between the Jews and the political left ended around the same time, replaced with the defamatory barbs about “apartheid” and “Zionist racism” that still plague us today.

Even so, at the turn of this century, there was a notable deterioration. For much of the 1990s, the conflict between Israel and the Palestinians had seemed close to resolution, symbolized by the brief handshake on the White House lawn between the late Israeli Prime Minister Yitzhak Rabin and PLO leader Yasser Arafat. But in 2000, five years after Rabin was assassinated in Tel Aviv, Arafat launched a second intifada against Israel, and the old hardline positions were reinstated. Much of the world followed Arafat’s cue, as demonstrated at the U.N.’s 2001 conference against racism in Durban, South Africa, held a few days before the Al-Qaeda atrocities in the United States on Sept. 11. There, NGOs and governments alike berated Israel, and Jewish delegates were subjected to the kind of abuse (“Hitler was right”) that has become all too common in the present day.

In tandem with the collapse in relations between Israel and the Palestinians, antisemitism returned with a vengeance, particularly in Europe, spurred by an unholy alliance of Islamist organizations rooted in the continent’s various Muslim communities, and a far left baying for Israeli and American blood after 9/11. It was in Pakistan, however, that the murder that came to symbolize this new reality occurred.

At the end of January 2002, Wall Street Journal reporter Daniel Pearl, an American Jew, was abducted from a hotel in Karachi by Islamist terrorists. A few days later, video surfaced online (at that time, the technology was still novel) of Pearl’s savage execution. After uttering his final words—“My father is Jewish, my mother is Jewish, I am Jewish”—Pearl was beheaded on camera by his captors.

To my mind, his sickening fate signaled the beginning of the revived trend that Jews are still confronting. I say that because this wasn’t a case of ugly rhetoric or graffiti, a smashed window or even an unsuspecting Jewish passerby getting punched in the face. This was a cold-blooded, ideologically driven murder that exposed the lethal violence that lurks inside every committed Jew-hater.

Last week, one of the terrorists involved in Pearl’s kidnapping and murder was reportedly eliminated during the Indian airstrikes on Pakistan undertaken in response to the killing of 26 civilians by Pakistani-backed terrorists in Kashmir on April 26. Abdul Rauf Azhar was a leader of the Jaish e-Mohammad terror organization who collaborated in Pearl’s abduction with fellow terrorists Khalid Sheikh Mohammed, one of the planners of the 9/11 attacks; and Omar Saeed Sheikh, a Pakistani national who grew up in England and briefly studied at my alma mater, the London School of Economics, before dropping out. Along with the murder of Pearl, Azhar was responsible for the 1999 hijacking of an Indian passenger plane, as well as attacks on the Indian parliament and an Indian army base in 2001 and 2016, respectively.

The significance of Azhar’s elimination now, when antisemitism is raging with far greater intensity than at the time of Pearl’s killing, should not be lost on anyone. During the 23 years that separate the deaths of Pearl and Azhar, Jews have endured insults and vandalism, assault and even murder. Much of this has tracked the troughs and peaks of conflict in the Middle East, especially the Second Lebanon War in 2006, and earlier wars in Gaza in 2008-09, 2014 and 2021.

Not all of the antisemitic outpouring is so closely connected. Some of the worst instances of hatred and violence, like the 2017 torture and murder of Sarah Halimi, an elderly Jewish woman living on her own in public housing in Paris, did not occur at a time of unusually high conflict in the Middle East. Rather, they were a consequence of the demonizing tropes and false claims about Jews that have become embedded in our culture over the course of this century.

We should feel a strong degree of satisfaction at the news that Azhar is dead and therefore unable to ruin the lives of other innocents like Daniel Pearl. However, that’s not the same as full justice, which would involve a comprehensive reckoning by politicians, influencers and thought leaders with the antisemitism that has stained our culture and our civilization. We know, more or less, where all this started. What we don’t know is where it will end.

The post When Did the Current Wave of Antisemitism Begin? first appeared on Algemeiner.com.

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How One University Dealt with Pro-Hamas Protesters

Anti-Zionist protesters at Rutgers University, New Brunswick on December 23, 2023. Photo: Kyle Mazza via Reuters Connect

JNS.orgIn the four academic semesters since Oct. 7, 2023, anti-Israel protests organized by Hamas sympathizers have overtaken some US colleges and tarnished the reputation of American academia. Ivy League schools have been particularly soiled by a combination of ignorant students, radical professors and weak administrations that coddle them.

On the contrary, the Rochester Institute of Technology in New York, where I teach, dealt with pro-Hamas, antisemitic protests differently. While many schools are destroying their brands, RIT fought back.

The RIT brand has always centered on innovative and creative uses of technology. The university prides itself on its career-driven, motivated students of engineering, imaging, and computer science, and more recently, game design, film and animation. It has US Army and Air Force ROTC programs, and various defense and military research, including funding from the Space Force.

Just as important as what RIT has is what it doesn’t; there is no Middle East Studies department and no Students for Justice in Palestine (SJP) chapter. The absence of the former protects us from the most educated Israel haters, while the absence of the latter protects us from the least educated Israel haters.

However, nearby are the University of Rochester and Syracuse University, which have both, so we are not immune to Israel haters.

Anti-Israel, pro-Hamas demonstrations seemed ubiquitous on college campuses almost immediately after Oct. 7, though RIT was spared such ugliness for a month. On the lookout for demonstrations, I was proud of students for not aping the antics of those at other colleges in the state. Nor were there any fliers around campus commenting on the war in the Gaza Strip or announcing upcoming protests.

On Oct. 13, I saw about a dozen masked people—some sporting keffiyehs—loitering on one of the green spaces, but there were no chants or signs. If this was a protest, then these were amateurs.

A month later, on Nov. 13, the pro-Hamas infection came to RIT. The Muslim Students Association (MSA) held a demonstration during which protesters, many of them masked, openly cheered for the elimination of Israel, defended the Hamas murder-rape-decapitation massacre and called for an intifada “from New York to Palestine.” This was not the school I knew. The event was dominated by outsiders. Speakers were from the University of Rochester’s SJP chapter; the Party for Socialism and Liberation; and local, non-academic, anti-Israel organizations. The ringleader was Basem Ashkar, a local protester active in anti-Israel demonstrations since at least 2021.

Evidence of professional agit-prop organizations was visible in the protestors’ signs. Black lettering on a yellow background provided by the ANSWER Coalition proclaimed that “Resistance is justified when people are occupied.” Black lettering against a white background provided by the Party for Socialism and Liberation proclaimed that “Resistance against occupation is a human right!”

The crowd did not look like a typical gathering of the RIT students I have seen in the last 26 years. I wondered how many of those in attendance were paid professionals. One person who stood a head taller and looked decades older than most college students held a hand-written sign in Arabic that translated to “We will sacrifice ourselves for you, holy Aksa mosque. Freedom and independence for Jerusalem and Palestine.”

Shouts of Allahu Akbar (Arabic for “God is great”), the jihad battle cry, rang through the crisp November air, and sounds of ululating women reminded me of the infamous video of Palestinians in Jerusalem celebrating news of the Sept. 11, 2001 attacks in the United States as their loathsome leaders handed out candy to children.

At one point, protesters were led in an Arabic chant that former PLO leader Yasser Arafat used to promote suicide bombings during the Second Intifada in Israel. The translation? “With our souls and blood, we will sacrifice for Al-Aqsa. With our souls and blood, we will sacrifice for Palestine. With our souls and blood, we will sacrifice for Gaza.”

I wondered how many students, gleefully repeating what someone had instructed them to chant, knew what they were saying.

I believed that the hostile and antisemitic protest constituted a violation of RIT policy, so I initiated a complaint. I had meetings with the provost, and eventually, the president about the event.

RIT’s lawyers determined that the “river to the sea” chant was protected speech open to interpretation. And since the MSA had permission for its protest, it was determined that no policy had been violated.

What happened next was remarkable among most college campuses, as far as I can tell. Instead of inaugurating a new era of campus unrest, that November protest was the last one of the year. As the spring 2024 semester turned into the semester of tent encampments throughout North America, there were no more protests at RIT.

In January 2024, rumors spread that the administration had rejected all subsequent petitions for protests. I wasn’t able to confirm those rumors. RIT’s provost, Prabu David, told me that a single attempt to set up an “encampment” was quickly dismantled, and the people pitching tents were immediately removed from campus.

David Munson, the university’s president, is retiring this week. I met with him in November to discuss the RIT protest and how to prevent more in the future. He told me that he believes “RIT has done a good job of navigating the area between free speech and harassment. It has been easier because of the kindness of our student body and the availability of local law enforcement.”

He discussed policy changes, such as setting a limit of six hours for any approved protest, so that RIT would not become an encampment campus. We discussed the troubles that RIT’s previous provost, Ellen Granberg, now president of George Washington University, faced during the academic year when she called the Metropolitan Police in Washington, D.C., to clear an encampment on April 26, 2024, and they refused to come. Munson told me that he knew the sheriffs in Monroe County, N.Y., would respond if he called.

The fall 2024 semester was quiet, and so, too, was this current spring semester—or it was until we returned from spring break in late March.

It started with a single person on March 21, “protesting” in a central location with a Palestinian flag and signs decrying the “genocide in Gaza,” urging RIT to “divest from death” and calling to “Free Khalil.” I called campus security, and the responding officers stopped it quickly and professionally.

On March 26, the same student, along with several others, was in the same spot with the same flag and signs. Again, I called campus security, and, again, they shut it down quickly.

On April 4, there were more protesters. One addressed me by name. When I asked why he was dressed like a jihadi on Halloween, he responded that he was protecting himself from doxxing. I called security, and for a third time, they shut it down. I have seen no evidence of any protests on campus since then.

The university’s president and provost have won the battle, but the war continues. As RIT prepares for a new administration and new president, it will have to watch for the disruptive and potentially illegal SJP front.

To complicate matters, there is now an “unofficial” chapter of SJP at RIT, using the school’s name and violating its brand. The group’s website proclaims that its goal is to “agitate, demonstrate and otherwise make our voices heard on the RIT campus.”

RIT’s struggle with pro-Hamas demonstrations shows that even when a university does what is right and necessary, it must maintain vigilance against the Jew-hatred of today’s anti-Israel demonstrators.

Like preventing dandelions from taking over a pristine lawn, keeping such protests at bay requires continual deterrence. There is no one-time, magical panacea.

The post How One University Dealt with Pro-Hamas Protesters first appeared on Algemeiner.com.

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The Iran Nuclear Deal Trump Wants

Atomic symbol and USA and Iranian flags are seen in this illustration taken, September 8, 2022. Photo: REUTERS/Dado Ruvic/Illustration/File Photo

JNS.orgA fourth round of talks between Tehran’s envoys and Steve Witkoff, US President Donald Trump’s lead negotiator, did not take place in Rome over the weekend as had been expected.

Neither Tehran’s spokesmen nor the US State Department gave a clear explanation for why, but I’ll venture a guess: Iran’s rulers want concessions in exchange for continuing to talk.

They think Trump needs negotiations more than they do. Their assessment is based on years of palaver with presidents Obama and Biden.

Iranian Supreme Leader Ali Khamenei hopes that, concession by concession, he can convince Trump to embrace a warmed-over version of Obama’s Iran nuclear deal, the fatally flawed Joint Comprehensive Plan of Action (JCPOA), which Trump called “a horrible one-sided deal that should never, ever have been made.”

Sunday on “Meet the Press,” President Trump reiterated what he wants: “Total dismantlement [of Tehran’s nuclear weapons program]. That’s all I would accept.”

That means no uranium enrichment or reprocessing, and a halt to the regime’s development of missiles that can deliver nuclear warheads to American cities.

Witkoff is not a career diplomat. That may prove advantageous. Too often, career diplomats are overly eager to conclude deals because doing so brings them professional plaudits.

If those deals turn out to be bummers, so what? By then, the diplomats will have been promoted or awarded a professorship at an elite university where they can hold forth on The Art of Diplomacy.

That’s how North Korea became nuclear-armed after decades of negotiations and agreements.

That’s how Syria retained a stock of chemical weapons after the Obama administration claimed a Russian-mediated dialogue had brought about the destruction of the Assad regime’s CW arsenal.

The 2015 JCPOA is an especially egregious example. As Sen. Tom Cotton observed: “The deal didn’t block Iran’s path to the bomb; it paved the path.”

Obama argued that no one could have achieved a better deal than he had—an unfalsifiable argument. He also said that the only alternative to his deal was war—another unfalsifiable argument.

A policy of “peace through strength”—which was not Obama’s policy but is Trump’s—implies that your adversaries are more fearful of you than you are of them because they recognize your superior might and don’t doubt your willingness to act if push comes to shove.

To be fair, 10 years ago, Tehran had what was believed to be a first-rate missile-defense system supplied by Russia, and commanded powerful terrorist proxies throughout the Middle East and beyond.

You know what happened next: In 2017, Trump became president. The next year, he withdrew the United States from the JCPOA and began to impose serious strains on Iran’s economy.

On Jan. 3, 2020, Trump terminated with extreme prejudice Qassem Soleimani, the skillful commander of Iran’s elite Quds Force, responsible for killing hundreds of Americans and determined to kill hundreds more.

No war resulted and, by the end of that year, Tehran had just $4 billion in accessible foreign exchange reserves, limiting the support it could provide to Hezbollah, Hamas, Palestinian Islamic Jihad, its Shi’ite militias in Iraq and Syria, and the Houthi rebels in Yemen.

These effective policies came to a halt when Trump moved out of the White House and Biden moved in.

Hoping to seduce Iran’s rulers back into some version of the JCPOA, Biden gave them sanctions relief, pouring tens of billions of dollars into their coffers. He lifted the terrorist designation from the Houthi rebels.

Iran’s rulers smelled weakness, which did not mitigate their hostility toward “the Great Satan,” their determination to exterminate “the Little Satan” or their grand ambition to become the most powerful Islamic empire since the fall of the Ottomans.

Deploying thousands of advanced centrifuges, they expanded their nuclear weapons program, producing highly enriched uranium, and began the computer modeling necessary to make a nuclear warhead.

They sold oil to Beijing and drones to Russia for use in its war of aggression against Ukraine. Scores of attacks by Iran’s terrorist proxies in Iraq and Syria against American troops went unanswered by the Biden administration.

On Oct. 7, 2023, Hamas, bolstered by Iranian funds, weapons and training, invaded Israel and staged the worst massacre of Jews—and anyone who happened to be Jew-adjacent—since the Holocaust.

Since then, Israel has fought on multiple fronts. Hezbollah has been decimated. Tehran’s proxy in Syria has been overthrown.

Following two missile and drone attacks on Israel directly from Iranian soil in 2024, the Israeli Air Force destroyed most of Iran’s missile defense systems and severely degraded the regime’s ballistic missile production capability.

Iran’s rulers are now weaker and more vulnerable than they’ve been since the end of its war with Iraq in the 1980s.

President Trump has stated clearly: “We will not allow a regime that chants ‘Death to America!’ access to the most deadly weapons on earth.”

Others who support “dismantlement” include presidential advisers Marco Rubio, Pete Hegseth, Mike Waltz and the Senate Republican Conference, along with evangelical leaders.

So, too, does Witkoff. He has Trump’s ear and trust. If his Iranian interlocutors remain intransigent, there’s no reason for him not to report that to the president. No deal is better than a bad deal.

George Shultz, one of the most skillful American diplomats of the 20th century, left us this insight: “Negotiations are a euphemism for capitulation if the shadow of power is not cast across the bargaining table.”

Shultz had the experience and wisdom to recognize how the real world works. He understood that “peace through strength” is not just a catchy phrase. It’s a policy that must be implemented with confidence, courage and determination.

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