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Is This Really a ‘Peace’ Agreement? History Says No
An aerial view shows the bodies of victims of an attack following a mass infiltration by Hamas gunmen from the Gaza Strip lying on the ground in Kibbutz Kfar Aza, in southern Israel, Oct. 10, 2023. Photo: REUTERS/Ilan Rosenberg
Whatever else is offered under the Israel-Hamas agreement, offering Palestinian statehood would undermine authoritative international law. To wit, beyond any reasonable doubt, both the Palestinian Authority (PA) and Hamas have been responsible for decades of barbarous anti-Israel terrorism. Moreover, the entities that operate this continuous criminality have never sought a Palestinian Arab state that would co-exist with the existing Jewish State. Always, its unhidden objective is to destroy Israel.
Corroborative evidence of this is abundant. In this “One-State Solution,” all of Israel would become part of “Palestine.” Already, on official PA and Hamas maps, all of Israel, not just Judea/Samaria (West Bank) and Gaza, is identified as “Occupied Palestine.” Cartographically, therefore, Israel has already been removed.
The PA and Hamas both remain clear about their commitment to terror-violence as the sole path to Palestinian “self-determination.” It follows that Palestinian prisoners now being exchanged for Israeli hostages will escalate criminal harms against the innocent. In all likelihood, the Trump-brokered agreement will set the stage for a force-multiplying encore of October 7 defilements. Significantly, previous prisoner releases by Israel produced new waves of anti-Israel terrorism.
In the future, what should Jerusalem say to new victim families of agreement-generated crimes?
Plausibly, over time, some freed terrorists will likely plan calibrated escalations to chemical, biological, or nuclear (radiation dispersal) terrorism. Also likely will be variously coordinated rocket attacks on Israel’s nuclear reactor at Dimona. Though generally forgotten, Hamas already launched such an attack in the past, but was not yet technically able to inflict serious levels of destruction. This earlier terrorist incapacity is rapidly disappearing.
Terrorism is a codified and customary crime under binding international law. Its explicit criminalization can be discovered at all listed sources of the UN’s Statute of the International Court of Justice. This signifies that whenever Palestinian jihadists claim the right to use “any means necessary” against an Israeli “occupation,” their arguments are unsupportable in relevant law.
After the “peace agreement,” the PA and Hamas will mirror their long-bloodied past. From the beginning, all supporters of Palestinian terror-violence against Israelis have maintained that the “sacred” end of Palestinian insurgency justifies the means. Leaving aside the everyday and ordinary ethical standards by which any such argument must be unacceptable, ends can never justify means under conventional or customary international law
Empty Palestinian witticisms notwithstanding, one person’s terrorist can never be another’s freedom-fighter.
While it is true that certain insurgencies can be lawful (for prominent example, “just cause” is at the heart of the US Declaration of Independence), even residually permissible resorts to force must conform to humanitarian international law. These resorts are distinction, proportionality, and military necessity — standards that were made applicable to insurgent armed forces by Article 3 of the four Geneva Conventions of 1949 and the 1977 Protocols to these Conventions.
Regarding the rule of “proportionality,” this does not demand equivalent or symmetrical force, only force that is measured against clearly-stated and legitimate goals.
Whenever an insurgent force resorts to unjust means, its actions become terroristic ipso facto. Even if ritualistic Palestinian claims of an Israeli “occupation” were reasonable, any corresponding right to oppose Israel “by any means necessary” would be false. Specifically, any openly unjust means would be an expression of criminal terrorism.
These unchallengeable or “peremptory” legal standards are also binding on all combatants by virtue of customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention (1907). This foundational rule, called the “Martens Clause,” makes all persons responsible for upholding the “laws of humanity” and the “dictates of public conscience.”
History deserves some pride of place. The Palestine Liberation Organization (PLO) was formed in 1964, three years before there were any “occupied territories.” What, therefore, was the PLO attempting to “liberate” between 1964 and 1967? There can be only one logical answer.
In law, terrorist crimes mandate universal cooperation in apprehension and punishment. As punishers of “grave breaches” under our decentralized system of international law, a system created after the Peace of Westphalia in 1648, all states are required to search out and prosecute, or to extradite, individual terrorist perpetrators. In no circumstances are states permitted to treat terrorists as “freedom fighters.”
There is more. States are never authorized to support terror-violence against other states, whether by direct action or by acting within protective terms of an international agreement. This is emphatically true for the United States, which identifies international law as the “supreme law of the land” at Article 6 of the Constitution and at assorted Supreme Court decisions. The American nation was formed by its Founding Fathers according to timeless legal principles of Sir William Blackstone’s Commentaries and the Hebrew Bible.
If the Trump-brokered Israel-Hamas agreement leads to Palestinian statehood, Israel could expect tangible enlargements of terror violence. And because some of the new state’s assaults on Israel would be ones of direct military action rather than insurgency, international law would identify these actions as “crimes of war.” Here, the only decipherable changes would be linguistic.
There is one final observation. As the Israel-Hamas agreement coincides with President Trump’s new mutual security pact with Doha, Palestinian terrorists and war criminals who flee to Qatar would be granted immunity from law-based punishments. Very quickly, such immunization could lead Hamas and other jihadi fighters to implement new and more insidious cycles of terrorist assault. None of these agreement outcomes could reasonably be called “peace.”
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).
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Shots fired in Jewish neighborhood of Montreal
(JTA) — Montreal police said an alleged shooter in a neighborhood known for its large Jewish population had been “neutralized” after killing one police officer and wounding another officer and a civilian Monday.
“A suspect has been neutralized,” the official police account posted on X after advising residents Côte-des-Neiges to stay indoors. “Two police officers and one citizen have been injured. The police operation is still underway. Continue to avoid the area. Further details to follow.”
The Montreal Gazette later reported that the suspect and the civilian also were dead.
It was not clear if the intended targets were Jewish, but a Chabad emissary in the neighborhood told Ynet, an Israeli news site, that a nearby building was targeted and that he was sheltering about 100 people.
The Yeshiva World News news site posted a video of a SWAT team swarming around a home belonging to a family affiliated with Chabad, the Orthodox Jewish movement.
Côte-des-Neiges was the scene of postwar Jewish settlement as Jewish families ascending from the working to the middle class moved west from the area of St. Laurent Boulevard. The area, with treelined streets studded with duplexes and low-rise apartment buildings, had a friendly neighborhood ambience and lacked the anti-Jewish restrictions some of the wealthier enclaves maintained at the time.
There are a number of Jewish schools and synagogues in the area, including the Spanish and Portuguese synagogue, the oldest congregation in the country, established in 1768 and which moved to the neighborhood in 1947. The neighborhood is now the site of a large Chabad community and a number of Jewish restaurants and delis.
This is a developing story.
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Everyone was a fan of Clive Davis — even if they didn’t know it
Last September I spent about 30 seconds with Clive Davis in a crowded elevator.
I was in the Sony Building, having just seen a press screening of Richard Linklatter’s Blue Moon. The elevator was full of mostly young people — probably Sony employees — and some press. The doors pinged open and in stepped a man with two handlers and an adorable spaniel. I turned to a fellow journalist and whispered “That’s Clive Davis.”
Someone who knew Clive — enough to call him “Clive” — told him we’d just seen a movie about the creative breakup between lyricist Lorenz Hart and musical composer Richard Rodgers.
“Didn’t you play Janis Joplin for Richard Rodgers,” he asked Davis.
Davis replied with perfect comic timing: “Yes. He hated it.”
That anecdote tells us just how much Davis, the legendary music executive and producer who died Monday June 22 at the age of 94, changed the musical landscape.
Davis had been in the music business long enough to serve as a bridge figure between the Great American Songbook and the popular music of the latter half of the 20th Century. The artists he signed at CBS, and later Arista (he was ousted from the CBS/Columbia for allegedly using company money to finance his son’s bar mitzvah), are enduring icons even, in the case of Ms. Joplin, decades after their deaths.
But what hit me in the elevator was the feeling that not everyone there knew who he was. They did, of course, know the music: Pink Floyd, P!nk, Whitney Houston, Sly and the Family Stone, Barry Manilow, Neil Diamond, Leonard Cohen, Bruce Springsteen and Aerosmith, the very authors of “Love in an Elevator.”
It’s not overstating it to say that Davis’ influence across genres and his golden ear provided the soundtrack to American life. His own life was productive until the end.
He was in the Sony building because he was Chief Creative Officer at the company. A week before his death, the streets were thumping with a New York anthem from one of his late career discoveries: Alicia Keys.
Davis’ rise could be taught in Jewish Studies courses. Born in working-class Crown Heights, he — like Barba Streisand — was a graduate of Erasmus Hall High. He made good at NYU and got his law degree at Harvard.
He rose from the legal department at Columbia to become the company’s top tastemaker. Somewhere along the way he discovered Joplin — of a polar opposite disposition and background — and went from strength to strength.
Davis’ true triumph might have been just how adept he was at navigating everything the U.S. had to offer. The musicians he promoted had little in common save for his imprimatur.
In that elevator, which delivered us without much fuss to the lobby, there may have been people whose musical tastes gravitated to rock, R&B, jam bands, easy listening, guitar instrumentals and jazz.
Whether they knew it or not, Davis shepherded something they liked into existence. His genius was in recognizing genius.
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U.S. and Iran announce direct Lebanon track without Israel
(JTA) — Following tense high-level negotiations over the weekend, mediators in Switzerland announced Monday morning that Washington and Tehran have agreed on a 60-day roadmap toward ending the war.
The joint statement released by mediating countries Qatar and Pakistan also unveiled the creation of a Lebanon deconfliction mechanism. According to the mediators, this entails a direct U.S.-Iranian track to terminate military operations in Lebanon and includes the Lebanese government but not Israel. The mediators did not explain how that would operate or resolve the current hostilities between Israel and Hezbollah.
Throughout the weekend Jerusalem, which watched the talks and the announcement from the sidelines with concern, doubled down on its hardline stance against Iran and its proxy group Hezbollah.
Speaking to reporters in Switzerland Monday before returning to Washington, U.S. Vice President JD Vance clarified that Israel had the right to self-defense, but that “every other nation in the region has the right of self-defense” as well. The mechanism was to resolve direct violations of the ceasefire between Israel and Hezbollah, Vance explained, indicating that it augmented the ongoing diplomatic work.
“We also want to make sure that, you know, when things happen, they don’t spiral into a broader escalation,” he said, adding that “there really hasn’t been a mechanism to have those discussions until basically around 4 p.m. yesterday.” He said that the U.S. had been in constant contact with Israel on Sunday.
Prior to Vance’s statement, the Israeli government delivered its first overt criticism of the diplomatic efforts taking place at the Bürgenstock resort in Switzerland.
Addressing the Jerusalem News Syndicate Conference in Jerusalem Monday, Israeli President Issac Herzog said any negotiations to end the Israel-Lebanon conflict should be done by the two countries themselves and not “by Iranian extortion.”
He added, “Tying Iran to Lebanon not only leaves Israel exposed to constant threat; it leaves the Lebanese weak and powerless, and will prevent their president and government from moving forward.”
Herzog also noted that direct talks were already taking place between Lebanon and Israel in Washington under the auspices of the State Department. The next round of negotiations is scheduled for Tuesday, which Herzog said is designed to empower the Lebanese army to be the sole military force in its country. Hezbollah and Iran are not a party to those talks.
“The disarmament of Hezbollah must be inherent to any solution in Lebanon, and Iran cannot dictate the future of Lebanon – on these fundamental points there is full agreement between Israel and Lebanon,” Herzog stated.
He also thanked President Donald Trump for his efforts on Israel’s behalf, calling him “our closest friend and ally and leader of the free world.”
The Lebanese Presidency said Monday that President Joseph Aoun had received a phone call from US Vance, senior adviser Jared Kushner and Qatari Prime Minister Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani, but did not clarify when that call occurred.
According to the Lebanese statement, the discussion focused on “consolidating the ceasefire in Lebanon, halting the Israeli military escalation, and the steps that must be taken in this regard, including the possibility of forming a cell for this purpose.”
The ongoing fighting between Israel and Hezbollah and the IDF’s presence in southern Lebanon has been a point of tension throughout the ceasefire deal between the U.S. and Iran. The shaky ceasefire has been in place since April 8 after Israel and the U.S. started the war on Iran at the end of February.
In early March, Iranian proxy Hezbollah joined in by attacking northern Israel. Jerusalem has maintained that the Lebanese front needs to stay separate and has continued to take aggressive retaliatory action against Hezbollah despite the U.S. imposing a separate ceasefire in Lebanon as well.
Meanwhile, Qatar and Pakistan said the U.S.-Iran memorandum included the establishment of a “High Level Committee” to oversee negotiations aimed at a roadmap “towards reaching a final deal within 60 days, laying the foundation for the immediate commencement of further technical talks” on Iran’s nuclear program, sanctions and dispute resolution. These were the first formal discussions as part of the new U.S.-Iran Memorandum of Understanding, with Vance representing Washington.
The vice president told reporters Monday that Sunday “was a very, very good day. We made a lot of good progress; we did exactly what we wanted to do,” including securing an agreement from Iran that inspectors from the International Atomic Inspection Agency be allowed back into Iran.
Negotiators also created a mechanism to ensure that the Straits of Hormuz remain open, Vance said, downplaying reports of disputes between the American and Iranian teams.
However, Iranian media reported that members of Tehran’s delegation briefly left the room during Vance’s remarks after learning that Trump was issuing threats against Iran following Iran’s announcement on Saturday that it planned to once again close the Strait of Hormuz.
Vance said it was true the Iranians had threatened to walk out, but in the end they stayed and negotiated until the early hours of the morning.
Trump told Fox News in a phone call on Sunday morning that he had spoken with Iran overnight and said that if the country closed the Strait, he would “blow the s— out of them.” Fox News also reported that Trump had said, “You won’t even make it back to your f—— country.”
Trump also posted on his Truth Social account on Sunday that unless Iran stops supporting Hezbollah, “We’ll hit Iran very hard again, just like we did last week, only harder!!!”
Iranian officials reportedly responded to what they termed U.S. “verbal threats,” saying that “any form of threat is considered a serious violation of the agreement.”
Iranian Foreign Minister Abbas Araghchi said Sunday the talks had delivered “major progress to end [the] Lebanon War,” and added that discussions included oil exports, sanctions relief, frozen Iranian assets and reconstruction plans.
On Sunday, however, Prime Minister Benjamin Netanyahu declared, “We will remain in the security zone in southern Lebanon for as long as it takes in order to protect the residents of the North.”
Vance on Monday said that Israel would have to withdraw, but only when it can do so safely. The Trump administration, he explained, hoped to reach a situation where both Lebanon’s territorial integrity and Israel’s security were protected, noting that Israel itself has said it doesn’t have permanent “territorial intentions” with regard to southern Lebanon.
In separate remarks at Sunday’s JNS International Policy Summit, Netanyahu said, “We have prevented Iran from carrying out a plan to annihilate us. We removed an existential danger.” He added, “We changed Israel’s security doctrine. We initiate. We attack. We surprise.”
Directly addressing the U.S.-Iran negotiations, he added, “No matter what happens in the talks, with an agreement, without an agreement, I pledge to you that Iran, as long as I am prime minister, will never have a nuclear weapon. Never.”
This article originally appeared on JTA.org.
The post U.S. and Iran announce direct Lebanon track without Israel appeared first on The Forward.

