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Why Palestinian Terrorism Is Never Legal or Justified: A Fact-Based Retort
Partygoers at the Supernova Psy-Trance Festival who filmed the events that unfolded on Oct. 7, 2023. Photo: Yes Studios
In a world of international anarchy, law-based counter-terrorism is never just about strategy, tactics, or doctrine. Whatever an insurgency’s specific features, this critical arena of national security planning should remain intellect-based and logic-centered.
For Israel in the Islamic Middle East, this means an ongoing awareness of enemy concepts of death. It signifies, among other things, that Israel’s counter-terrorism planners ought continuously to bear in mind the primacy of an historically under-examined form of geopolitical power.
This neglected form of power, abstract but incomparable, is “power over death” — meaning, in what manner should have jihadi promises of immortality been affected by the Assad regime collapse in Syriaand the still-unresolved Gaza War?
“An immortal person,” says Jewish philosopher Emmanuel Levinas, “is a contradiction in terms.” Accordingly, any promise of immortality to jihadi terrorists will be densely problematic. It will, however, still resonate among those many insurgents who routinely prefer mystery to reason.
Assuming that others use decision-making rationality often make sense in explaining world politics, but there remain enough significant exceptions to temper any mundane generalities.
If Israel’s national decision-makers were to survey the prevailing configuration of global jihadi terrorist organizations (Sunni and Shiite) from a suitably- augmented analytic standpoint, the nexus between “martyrdom operations” and “life-everlasting” could become more conspicuous and understandable.
At that point, Israel’s national security planners could begin to place themselves in a better position to deter murderous hostage-takers and suicide-bombers, in microcosm (i.e., as individual human terrorists) and in macrocosm (i.e., as law-violating organizations or states that support the terrorist microcosm).
Those jihadi insurgents who seek to justify gratuitously violent attacks on Israelis in the name of “martyrdom” are acting contrary to codified and customary international law.
All insurgents, even those who passionately claim “just cause,” must still satisfy longstanding jurisprudential limits on permissible targets and levels of violence. Moreover, as a binding matter of law, such limits can never be tempered by any actively contending claims of religious faith. Under law, Palestinian claims of insurgency “by any means necessary” remain nothing more than an empty witticism.
Under established rules, even the allegedly “sacred” rights of insurgency always exclude any deliberate targeting of civilians or any intentional use of force to inflict unnecessary suffering. When Hamas terrorists kidnapped and beheaded Israeli infants on October 7, 2023, they were acting not on behalf of sovereignty or self-determination, but rather to cultivate the grotesque pleasures of a lascivious barbarism.
Law and strategy are interrelated. At the same time, they remain analytically distinct. The legal “bottom line” is unambiguous: Violence becomes terrorism whenever “political” insurgents murder or maim noncombatants, whether with guns, knives, bombs or automobiles. Always irrelevant to assessments of “just means” (jus in bello) is whether the expressed cause of terror-violence is just or unjust (jus ad bellum). Under the universal “law of nations,” unjust means used to fight for allegedly just ends are still law-breaking ipso facto.
Sometimes, Israel’s martyrdom-seeking jihadi foes advance the supposedly legal argument of tu quoque. This argument stipulates that because “the other side” is guilty of similar, equivalent or even greater criminality, “our side” is innocent of any wrongdoing.
Jurisprudentially, any such argument is disingenuous and incorrect, especially after landmark legal judgments by the Nuremberg (Germany) and Far East (Japan) ad hoc tribunals. Historically, tu quoque is always an immutably discredited posture.
For conventional armies and insurgent forces, the right to use military force can never supplant “peremptory” rules of humanitarian international law. Nonetheless, without a scintilla of law-based evidence, supporters of jihadi terror-violence against Israeli noncombatants continuously insist that “ends justify means.”
Leaving aside the ordinary ethical standards by which any such argument should be dismissed on its face, ends can never justify means in the law of armed conflict. Indeed, there can be no authoritative argument against this civilizing affirmation.
Witless banalities of politics ought never be taken as valid expectations of international law. In such law, whether codified or customary, one person’s terrorist can never be another’s “freedom-fighter.”
It’s really not complicated. Whenever an insurgent group resorts to unjust means, its actions constitute terrorism. Even if adversarial claims of a hostile controlling power could be plausible or acceptable (e.g., relentless Palestinian claims concerning an Israeli “occupation”), corollary claims of entitlement to “any means necessary” 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 targets? Though Israel’s bombardments of Gaza are spawned multiple Palestinian casualties, the legal responsibility for these harms lay entirely with Hamas “perfidy” or “human shields.” While Palestinian casualties were always unwanted, inadvertent and unintentional, Israeli civilian deaths and injuries were always the result of jihadi criminal intent or “mens rea.”
International law does not provide an intuitive or subjective set of standards. This law has determinable form and content. Therefore, it can never be casually invented or reinvented by terror groups to justify selective adversarial interests. This is especially the case when inhumane terror-violence intentionally targets a designated victim state’s most fragile and vulnerable civilians. Murdering captive infants is never defensible. Never.
National liberation” movements that fail to meet the test of just means can never be protected as lawful or legitimate in themselves. Even if relevant law were to accept the questionable argument that jihadi terror groups had fulfilled all valid criteria of “national liberation,” these groups would still fail to satisfy equally significant jurisprudential standards of distinction, proportionality, and military necessity.
These standards were specifically applied to insurgent or sub-state organizations by the common Article 3 of the four Geneva Conventions of 1949, and (additionally) by the two 1977 Protocols to these Conventions.
There is more. 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.
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 individual terrorists. This is emphatically true for the United States, which incorporates international law as the “supreme law of the land” at Article 6 of the Constitution.
For the foreseeable future, jihadi “martyrs” could present an incrementally existential threat to Israel. If these criminals should ever get their hands on usable fissile materials, however, this threat could become more immediately existential. This does not mean that terrorists would necessarily require a “chain-reaction” nuclear explosive, but only the essential ingredients for an advanced radiation dispersal device.
In a worst case scenario, jihadi use of radiation dispersal weapons against Israel could spur Iran into protracted and enlarged military conflict with Israel. At that unpredictable point, Israel’s policy considerations of adversarial “last things” could become all-important.
In essence, for Israel, a jihadist enemy that links terror-violence to faith-based hopes of immortality could pose an incomparable threat. To suitably deter this fearsome peril, Israel’s national security planners should more expressly examine all strategic, geographic, and legal dimensions of the problem. For these science-based planners, jihadi searches for “power over death” ought immediately to become a subject of highest policy urgency.
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, Prof. Beres was Chair of Project Daniel (PM Sharon). His 12th and latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2016; 2nd ed., 2018).
The post Why Palestinian Terrorism Is Never Legal or Justified: A Fact-Based Retort first appeared on Algemeiner.com.
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US Clamps Sanctions on Israel-bashing UN Rights Monitor Albanese
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
The Trump administration has imposed sweeping sanctions against Francesca Albanese, the United Nations Special Rapporteur for the Occupied Palestinian Territories, citing the UN official’s lengthy record of singling out Israel for condemnation.
In a post on X, US Secretary of State Marco Rubio announced the sanctions under a February executive order targeting those who “prompt International Criminal Court (ICC) action against U.S. and Israeli officials, companies, and executives.” He accused Albanese of waging “political and economic warfare” against both nations and asserted that “such efforts will no longer be tolerated.”
“Today I am imposing sanctions on UN Human Rights Council Special Rapporteur Francesca Albanese for her illegitimate and shameful efforts to prompt [International Criminal Court] action against U.S. and Israeli officials, companies, and executives,” Rubio announced on X/Twitter.
“Albanese’s campaign of political and economic warfare against the United States and Israel will no longer be tolerated,” declared the Trump administration’s top foreign affairs official. “We will always stand by our partners in their right to self-defense.”
Rubio concluded: “The United States will continue to take whatever actions we deem necessary to respond to lawfare and protect our sovereignty and that of our allies.”
The decision to impose sanctions on Albanese marks an escalation in the ongoing feud between the White House and the United Nations over Israel. The Trump administration has repeatedly accused the UN and Albanese of unfairly targeting Israel and mischaracterizing the Jewish state’s conduct in Gaza.
Albanese, an Italian lawyer and academic, has held the position of UN special rapporteur on human rights in the Palestinian territories since 2022. The position authorizes her to monitor and report on alleged “human rights violations” by Israel against Palestinians in the West Bank and Gaza.
Last week, Albanese issued a scathing report accusing companies of helping Israel maintain a so-called “genocide economy.” She called on the companies to cut off economic ties with Israel and warned that they might be guilty of “complicity” in the so-called “genocide” in Gaza.
Critics of Albanese have long accused her of exhibiting an excessive anti-Israel bias, calling into question her fairness and neutrality.
Albanese has an extensive history of using her role at the UN to denigrate Israel and seemingly rationalize Hamas’ attacks on the Jewish state.
In the months following the Palestinian terrorist group’s atrocities across southern Israel on Oct. 7, 2023, Albanese accused the Jewish state of perpetrating a “genocide” against the Palestinian people in revenge for the attacks and circulated a widely derided and heavily disputed report alleging that 186,000 people had been killed in the Gaza war as a result of Israeli actions.
The action comes as Israeli Prime Minister Benjamin Netanyahu visits Washington, where he has received a warm reception from the Trump administration. Netanyahu has been meeting with US officials to discuss next steps in the ongoing Gaza military operation.
Gideon Sa’ar, Minister of Foreign Affairs for Israel, commended the Rubio announcement with his own post on X/Twitter, exclaiming: “A clear message. Time for the UN to pay attention!”
The post US Clamps Sanctions on Israel-bashing UN Rights Monitor Albanese first appeared on Algemeiner.com.
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Hardball: Trump Administration Reports Harvard to Accreditor Over Antisemitism Allegations
US President Donald Trump speaks during a Cabinet meeting at the White House in Washington, DC, July 8, 2025. Photo: Kevin Lamarque via Reuters Connect.
The Trump administration escalated its showdown against Harvard University on Wednesday, reporting the institution to its accreditor for alleged civil rights violations resulting from its weak response to reports of antisemitic bullying, discrimination, and harassment following Hamas’ Oct. 7, 2023 massacre across southern Israel.
The US Department of Education (DOE) announced the action on Wednesday. Citing Harvard’s admitted failure to treat antisemitism as seriously as it treated others forms of hatred in the past, the DOE called on the New England Commission of Higher Education to review and, potentially, revoke its accreditation — a designation which qualifies Harvard for federal funding and attests to the quality of the educational services its provides.
“Accrediting bodies play a significant role in preserving academic integrity and a campus culture conducive to truth seeking and learning,” said Secretary of Education Linda McMahon. “Part of that is ensuring students are safe on campus and abiding by federal laws that guarantee educational opportunities to all students. By allowing anti-Semitic harassment and discrimination to persist unchecked on its campus, Harvard University has failed in its obligation to students, educators, and American taxpayers.”
The DOE, McMahon added, “expects the New England Commission of Higher Education to enforce its policies and practices, and to keep the Department fully informed of its efforts to ensure that Harvard is in compliance with federal law and accreditor standards.”
As previously reported by The Algemeiner, Harvard’s Presidential Task Force on Combating Antisemitism has acknowledged that the university administration’s handling of campus antisemitism fell well below its obligations under both Title VI of the Civil Rights Act of 1964 and its own nondiscrimination policies.
In a 300-plus-page report, the task force compiled a comprehensive record of antisemitic incidents on Harvard’s campus in recent years — from the Harvard Palestine Solidarity Committee’s endorsement of the Oct. 7 terrorist atrocities to an anti-Zionist faculty group’s sharing an antisemitic cartoon depicting Jews as murderers of people of color. The report identified Harvard’s past refusal to afford Jews the same protections against discrimination enjoyed by other minority groups as a key source of its problem.
Coming several weeks after President Donald Trump ordered the freeze of $2.26 billion in federal research grants and contracts for Harvard, the task force report found it was “clear” that antisemitism and anti-Israel bias have been fomented, practiced, and tolerated not only at Harvard but also within academia more widely.”
The university is now suing the federal government over the funding halt.
President Trump has spoken scathingly of Harvard, calling it, for example, an “Anti-Semitic, Far Left Institute … with students being accepted from all over the world that want to rip our Country apart” in an April post to his Truth Social platform.
In recent weeks, however, both Trump and McMahon had commended Harvard’s constructive response in negotiations over reforms the administration has asked it to implement as a precondition for restoring federal funds. The requested reforms include hiring more conservative faculty, shuttering diversity, equity, and inclusion [DEI] programs, and slashing the size of administrative offices tangential to the university’s central educational mission.
The administration has since changed its tone in the wake of a report by The Harvard Crimson that interim Harvard President Alan Garber has said “behind closed doors” that he has no intention of doing anything that would make Harvard more palatable to conservatives.
Earlier this month, the Trump administration’s Joint Task Force to Combat Antisemitism issued Harvard a formal “notice of violation” of civil rights law. Charging that Harvard willfully exposed Jewish students to a flood of racist and antisemitic abuse both in and outside of the classroom, it threatened to strip whatever remains of Harvard’s federal funding.
“Failure to institute adequate changes immediately will result in the loss of all federal financial resources and continue to affect Harvard’s relationship with the federal government,” wrote the federal officials comprising the multiagency Task Force. “Harvard may of course continue to operate free of federal privileges, and perhaps such an opportunity will spur a commitment to excellence that will help Harvard thrive once again.”
In Wednesday’s announcement, US Department of Health and Human Services Secretary Robert F. Kennedy Jr. said Harvard’s conduct “forfeits the legitimacy that accreditation is designed to uphold.”
“HHS and Department of Education will actively hold Harvard accountable through sustained oversight until it restores public trust and ensures a campus free of discrimination,” he said.
Follow Dion J. Pierre @DionJPierre.
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IDF Strikes Hezbollah Sites in South Lebanon as Terror Group Pushes to Rebuild Amid US Disarmament Talks
IDF operating in southern Lebanon. Photo: IDF Spokesperson
Israeli forces uncovered and destroyed Hezbollah weapons caches in southern Lebanon on Wednesday, as a new report indicated that despite ongoing U.S.-led efforts to secure a disarmament deal, the Iran-backed group is making repeated, largely concealed attempts to rebuild its military presence in the area.
Troops carried out several operations targeting Hezbollah infrastructure in southern Lebanon on Wednesday morning, destroying weapons depots, explosives and multibarrel launchers concealed in forested terrain, the IDF said, in violation of the November ceasefire, which requires Hezbollah to withdraw its forces 20 miles from the Israeli border.
A new report released this week by the Alma Research and Education Center found that Hezbollah is focused on rebuilding in three areas: operational deployment, weapons acquisition, and financial recovery.
“Hezbollah didn’t give up its resistance narrative and motivation,” Alma’s director, Lt. Col. (Res.) Sarit Zehavi, told The Algemeiner.
“It wants to rebuild its capabilities and infrastructures, whether it’s the villages that will be used as human shields or the military infrastructure in South Lebanon and in Lebanon in general.”
According to Zehavi, Hezbollah is attempting to return Radwan fighters to positions south of the Litani River as part of a wider plan to restore its elite forces to operational readiness. The IDF on Monday killed Radwan commander Ali Abd al-Hassan Haidar in a targeted strike. The action came hours after US Special Envoy for Syria Thomas Barrack met with Lebanese President Joseph Aoun, Prime Minister Nawaf Salam and Parliament Speaker Nabih Berri in Beirut to discuss a long-term deal that would include an Israeli withdrawal and complete disarmament of Hezbollah.
Barrack described the Lebanese response to the proposal as positive. Later, he issued a blunt warning to Hezbollah in response to a vow by the terror group’s leader, Naim Qassem, not to lay down its arms. “If they mess with us anywhere in the world, they will have a serious problem with us,” Barrack said in an interview with Lebanese news network LBCI. “They don’t want that.”
Zehavi said it was premature to predict the outcome of the diplomatic efforts. She warned that the challenge of disarming Hezbollah remains enormous and emphasized that the Lebanese Armed Forces have not demonstrated the capability or willingness to confront the group.
“It’s too soon to be optimistic or pessimistic,” she said, noting that no firm commitments have emerged from the Beirut talks.
Hezbollah’s efforts to smuggle and manufacture weapons have been complicated by both Israeli strikes and the regional realignment over recent months. While Israeli strikes have disrupted many supply routes, according to Zehavi, Syrian authorities have intercepted far more Hezbollah-bound weapons than the Lebanese Army, which claims to have uncovered 500 arms caches but has provided no evidence.
The financial front marks the third aspect of Hezbollah’s rebuilding effort. Last week, the group halted cash payments to Shiite civilians whose homes were damaged in the war, citing liquidity problems. Zehavi attributed the shortfall to disruptions in Iran’s funding networks — an outcome of the 12-day war against the regime in Tehran — and said the constraints would likely hamper Hezbollah’s ability to compensate its base and sustain operations.
“I hope they will continue to have problems with the cash flow, that way it will be very difficult for them to recover,” she said.
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