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Israel Has the Legal Right — and Moral Responsibility — to Protect Itself From Terrorism and Jihadi Warfare

Greta Thunberg and UN special rapporteur Francesca Albanese in an embrace with a Hamas terrorist in the artwork “Human Shields” by AleXsandro Palombo. Photo: Provided

In legal terms, intentional acts of injustice call for self-protection. Now faced with multiplying jihadi foes, the State of Israel has a corollary obligation to punish terrorist offenders.

It’s vital to note that a basic difference exists between terror violence (the crime) and Israel’s military response (the punishment). As a matter of international justice, this core difference is legally determinative and politically important.

There are pertinent details. By definition, terrorism is a crime under international law. A vulnerable state’s self-protective actions against terror crimes are law-enforcing. This assessment holds true as long as the terror-beleaguered state (here, Israel) responds with aptly-measured uses of force; i.e. — measures consistent with the codified and customary limitations of humanitarian international law.

During the Gaza War, some argued that the number of Palestinian deaths meant Israel violated the principles of distinction, proportionality, and military necessity. That is not true.

Whether Israel is operating against Shiite Hezbollah in Lebanon, Sunni Hamas in Gaza, or any other jihadi fighting forces based in Iraq, Syria, Yemen, etc., its operations intend to serve legitimate military objectives with minimum civilian harms.

To be sure, noncombatant harm can never be prevented altogether, especially when a perfidious enemy is hiding behind “human shields,” but Jerusalem does what it reasonably can do to keep collateral harms in check. Jerusalem — unlike its Islamist foes — displays no “criminal intent” (mens rea).

There is more. In its law-enforcing wars against jihadist terror, Israel acts on behalf of all law-observant countries. While this point has been difficult to acknowledge by those who focus only on the tangible effects of Israeli counter-terrorism, it is authoritatively supported by long-established global obligations. These are indispensable obligations of “mutual aid.”

By this fundamental principle, each state is required to assist other states imperiled by terror-violence. The most important historical figures in creating and explaining this requirement were Swiss jurist Emmerich de Vattel (The Law of Nations, 1758) and English jurist William Blackstone (Commentaries on the Laws of England, 1765-1769). Subsequently, Blackstone’s Commentaries became the recognizable foundation of US criminal law.

The Palestinian terror crimes of October 7, 2023 — murder, rape, and hostage-taking — represent “Nuremberg-level” violations of humanitarian international law. Under compelling or “jus cogens” rules, all states — not just Israel — have a many-sided obligation to punish such criminals. Jurisprudentially, this obligation is “sacred;” it can never be diminished or removed for geo-political or “practical” reasons.

Principle 1 of The Nuremberg Principles (1950) stipulates unambiguously, “No crime without a punishment.”

Among other conclusions, there would have been no Gaza War and no Palestinian casualties if Hamas had not launched its October 7, 2023, criminal assault and war against Israelis and nationals of other assorted states.

What about Israeli “proportionality”? Under binding laws of war, and contrary to “common-sense” meanings, proportionality has nothing to do with inflicting symmetrical or equivalent harms.

Instead, it derives from a more basic legal principle, namely that belligerent rights always have variously specific limitations. If a “common-sense” definition of proportionality was authentically law-based, then America would have been the principal aggressor during World War II.

Unlike Israel, which expressly laments the collateral damage of its self-defense operations in Gaza and elsewhere, jihadi rocket fire and terror attacks are the relentless product of “criminal intent.” By unhidden design, jihadists aim to maim and kill Israeli noncombatants. In Jerusalem, this overtly criminal aim should now be re-imagined in tandem with growing jihadi access to drone weapons and incrementally/eventually to weapons of mass destruction.

It’s time for further legal details. Deception can be lawful in armed conflict, but Hague Regulations disallow placement of military assets or personnel in civilian areas. Related prohibitions of “perfidy” can be found at Protocol I of 1977, additional to the Geneva Conventions of August 12, 1949. These rules are also binding on the basis of customary international law.

All anti-Israel combatants, including Palestinian insurgents alleging fighting for “self-determination,” are bound by the law of war. Among other things, this basic requirement can be found at Article 3, common to the four Geneva Conventions of 1949. It can never be suspended or abrogated. Israel, too, is bound by the law of war, but its Gaza War actions that killed and injured Palestinian civilians did not violate those laws.

There is something markedly ironic. The alleged jihadi goal of Palestinian “self-determination” is founded on an intended crime — that is, total “removal” of the Jewish State by attrition and annihilation. This explicitly genocidal orientation has its origins in the PLO’s “Phased Plan” of June 9, 1974.

In its 12th Session, the PLO’s highest deliberative body, the Palestinian National Council, reiterated the terror-organization’s aim “to achieve their rights to return, and to self-determination on the whole of their homeland.”

In its 1974 plan, a clarifying sequence of Palestinian violence was specifically identified “…to start a Pan-Arab War to complete the liberation of the all-Palestinian territory” (Art. 8). Ironically, this was and still remains the annihilationist plan of more mainstream Palestinian terror groups than Hamas.

At some still-indecipherable point, Hamas or other jihadi criminal forces could launch mega-terror attacks on Israel. Such potentially “perfidious” aggressions could include chemical, biological, or radiological (radiation-dispersal) weapons. Foreseeable perils could also include a non-nuclear terrorist attack on the Israeli nuclear reactor at Dimona. There is already a documented history of enemy assaults against this plutonium-production facility, both by a state (Iraq, in 1991) and by a Palestinian terror group (Hamas, in 2014).

International law is not a suicide pact. When jihadists celebrate the explosive “martyrdom” of manipulated Islamic civilians and when Islamist leaders seek “redemption” (i.e., “power over death”) through the mass-murder of “Jews,” the wrongdoers have no correct claims to immunity from law-based punishment.

Under international law, terrorists are considered hostes humani generis or “common enemies of humankind.” Among other things, this most egregious category of criminality invites punishment wherever the wrongdoers can be found. Concerning their required arrest and prosecution, all pertinent jurisdiction is “universal.”

What next? In all law, truth is exculpatory. Regarding the Gaza War, that conflict is anything but over. Hamas and other jihadist forces are already rearming and President Trump’s so-called international stabilization force is effectively a protracted cover for Israel’s jihadi enemies. Taken as a whole, the American president’s “peace” is merely a bitter self-parody.

In the end, Hamas and other jihadists argue they are fighting a “just war” and entitled to employ “any means necessary.” Under authoritative international law, however, even if a war is determinedly “just,” it must still be fought with determinedly “just means.” In this binding jurisprudence, ends can never justify means. Under no circumstances can there ever be law-based justifications for terror-violence.

We should recall 18th century Swiss scholar Emmerich de Vattel’s still-valid declaration in The Law of Nations: “An intentional act of injustice is an injury. A nation has therefore the right to punish it. … This right … is derived from the right of self-protection.”

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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French Jewish Community Marks 20 Years Since Ilan Halimi’s Brutal Murder

A crowd gathers at the Jardin Ilan Halimi in Paris on Feb. 14, 2021, to commemorate the 15th anniversary of Halimi’s kidnapping and murder. Photo: Reuters/Xose Bouzas/Hans Lucas

France’s Jewish community on Tuesday commemorated the 20th anniversary of the death of Ilan Halimi, a young Jewish man who was brutally tortured to death, as his memory continues to be defaced amid a rising tide of antisemitism threatening Jews and Israelis across the country.

“Twenty years on, Ilan Halimi’s memory still needs to be protected and honored, yet it continues to come under attack, as recent vandalism at his memorial site shows,” the Representative Council of Jewish Institutions of France (CRIF) — the main representative body of French Jews — wrote in a post on X.

“Antisemitism remains a persistent threat in France today,” the statement read. 

Last week, another olive tree planted to honor Halimi’s memory was vandalized and cut down, as French authorities continue efforts to replant trees in remembrance of the young Jewish man who was murdered in 2006.

“We will bring those responsible to justice,” French Interior Minister Laurent Nunez wrote in a post on X. “Our collective outrage is matched only by our unwavering determination to combat antisemitic and anti-religious acts that continue to tarnish the memory of an innocent man.”

This latest antisemitic act came after a plaque honoring Halimi was vandalized in Cagnes-sur-Mer, a town in southeastern France, prompting local authorities to open an investigation for “destruction and antisemitic damage.”

According to local reports, a 29-year-old man with no prior criminal record has been arrested. While he admitted to the acts, he denied any antisemitic motive and is now awaiting trial.

Last year, a tree planted in memory of Halimi was also vandalized and cut down in Épinay-sur-Seine, a suburb north of Paris.

Two Tunisian twin brothers were arrested and convicted for cutting down the tree, but were acquitted of the antisemitism charges brought against them.

Both of them were sentenced to eight months in prison, but one of them received a suspended sentence, meaning he will not serve time unless he commits another offense or violates certain conditions.

According to local media, one of the brothers has reportedly been deported from France.

Halimi was abducted, held captive, and tortured in January 2006 by a gang of about 20 people in a low-income housing estate in the Paris suburb of Bagneux.

Three weeks later, Halimi was found in Essonne, south of Paris, naked, gagged, and handcuffed, with clear signs of torture and burns. The 23-year-old died on the way to the hospital.

In 2011, French authorities planted the first olive tree in Halimi’s memory. However, the young Jewish boy’s memory has faced attacks before, with two other trees planted in his honor vandalized in 2019 in Essonne, where he was found dying near a railway track.

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Mourner’s Kaddish for Bondi Beach victims recited in Australian parliament as tougher hate crime laws pass

(JTA) — A Jewish member of Australian Parliament recited the Mourner’s Kaddish in an address Monday to honor the victims of the Hanukkah massacre on Bondi Beach.

The address, delivered by Jewish parliamentarian and former attorney general Mark Dreyfus, came over a month after two gunmen motivated by what authorities said was “Islamic State ideology” opened fire on a celebration in Sydney, killing 15 and injuring dozens more. Most of the victims were Jewish, and Dreyfus read all of their names aloud.

Dreyfus, who wore a kippah for the presentation, then commended the “acts of extraordinary courage” by bystanders and emergency workers during the attack, naming Ahmed al-Ahmed, the Muslim man who received widespread support from the Jewish community after he was shot while disarming one of the attackers. He also told the Australian House of Representatives that the country’s “response cannot be confined to grief,” exhorting his fellow lawmakers to take action around “upholding our laws against hate.”

Then he invited everyone present to rise for the Mourner’s Kaddish, recited in Jewish communities in memory of the dead.

“You don’t have to be Jewish to feel this in your chest, an attack like this hurts all of us,” Dreyfus said, describing the prayer as “a prayer about life, dignity and the hope for peace at times of profound loss.”

The public recitation was redolent of the decision of the Pittsburgh Post-Gazette to publish the Hebrew text of the prayer on its front page following the murder of 11 Jews in their synagogue there in 2018.

https://www.instagram.com/p/DTtw-r7Dehs/?hl=en

Late Tuesday, Australia’s parliament passed anti-hate speech and gun reform bills initiated in the wake of the attack. The gun reform bill included new checks on firearm license applications and a national gun buy-back program, while the anti-hate speech bill banned hate groups and imposed penalties for preachers who promote hate.

The hate speech component won support from liberal lawmakers who said they had free-speech concerns after it was weakened from its initial version.

“The terrorists at Bondi Beach had hatred in their hearts and guns in their hands,” wrote Prime Minister Anthony Albanese in a post on X. “Today we passed new laws that deal with both. Combatting antisemitism and cracking down on guns.”

The new laws come as Australia grapples with another searing antisemitic incident. Late in the day on Monday, five Jewish teenagers in Melbourne were chased for several minutes by a car whose occupants chanted “Heil Hitler” and performed Nazi salutes at them.

The boys, aged 15 and 16 and easily identifiable as Orthodox Jews, were walking home from Adass High School when the incident occurred in the proximity of Adass Israel Synagogue, which was firebombed in December 2024. No arrests were immediately made.

“The antisemitic hate incident last night in St Kilda targeting young Jewish boys has no place in our country,” Albanese in a statement, according to The Australian. “At a time when Australians are joining with the Jewish community in sorrow and solidarity, it is beyond disgusting to see these cowards shouting Nazi slogans at young people.”

 

The post Mourner’s Kaddish for Bondi Beach victims recited in Australian parliament as tougher hate crime laws pass appeared first on The Forward.

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Number of UK Schools Marking Holocaust Has Dropped by Nearly 60% Since Oct. 7 Massacre

Tens of thousands joined the National March Against Antisemitism in London, Nov. 26, 2023. Photo: Tayfun Salci/ZUMA Press Wire via Reuters Connect

The number of British schools commemorating the Holocaust has plummeted by nearly 60 percent following the Palestinian terrorist group Hamas’s Oct. 7, 2023, invasion of southern Israel.

Since Hamas-led Palestinian terrorists perpetrated the largest single-day massacre of Jews since World War II, the number of secondary schools across the UK signed up for events commemorating Holocaust Remembrance Day, which takes place annually on Jan. 27, dropped to fewer than 1,200 in 2024 and 854 in 2025, according to data from the Holocaust Memorial Day Trust.

The figure had been rising each year since 2019, reaching more than 2,000 secondary schools in 2023.

There are about 4,200 secondary schools in the UK.

Sir Ephraim Mirvis, chief rabbi of the UK, commented on the figures in an essay published in The Sunday Times, expressing alarm about an increasingly hostile environment for the British Jewish community.

“I fear for what will happen this year,” Mirvis wrote. “For if we cannot teach our children to remember the past with integrity and resolve, then we must ask ourselves what kind of future they will inherit.”

Mirvis urged readers to put themselves in the shoes of a UK teacher preparing a Holocaust memorial event. “Now imagine that as you begin to organize such an event, you learn that some parents of pupils at your school are unhappy about it,” he added. “One of the claims that Holocaust education is a form of “propaganda”; another insists that the event must not go ahead unless it also highlights the awful suffering of Palestinians in Gaza.”

Karen Pollock, chief executive of the Holocaust Educational Trust, described to The Times how some students “arrive in the classroom with views shaped by social media trends rather than evidence.”

The European Jewish Congress (EJC) released a statement on Monday reflecting on the drop in UK schools recognizing the Holocaust.

“Holocaust Memorial Day is not about politics. It is about memory, responsibility, and education. It exists to honor the 6 million Jews murdered in the Holocaust and to remind future generations of the consequences of hatred, indifference, and extremism,” the EJC stated. “Avoiding commemoration out of fear of controversy undermines the very purpose of education. When remembrance becomes optional, memory itself becomes fragile.”

The EJC continued, “Now is precisely the moment when Holocaust education matters most: when misinformation spreads easily, when antisemitism is openly visible, and when fewer survivors remain to bear witness. Schools play a vital role in preserving this memory, not only for Jewish communities, but for society as a whole.”

Dwindling commemoration of the Holocaust comes amid a steep surge in antisemitism across the UK.

The Community Security Trust (CST) — a nonprofit charity that advises Britain’s Jewish community on security matters — recorded 1,521 antisemitic incidents from January to June this year. This was the second-highest number of antisemitic crimes ever recorded by CST in the first six months of any year, following 2,019 incidents in the first half of 2024.

In total last year, CST recorded 3,528 anti-Jewish hate crimes — the country’s second worst year for antisemitism, despite an 18 percent drop from 2023’s record of 4,296.

“When a trigger event such as the Oct. 7 attack occurs, antisemitic incidents initially spike to a record peak; then gradually recede until they plateau at a higher level than before the original trigger event occurred,” CST stated.

These figures juxtapose with 1,662 antisemitic incidents in 2022, 2,261 in 2021, and 1,684 in 2020.

The struggles of the UK’s educational establishment to counter the rising antisemitism problem mirror the ongoing challenges confronted by its medical institutions.

In November, UK Health Secretary Wes Streeting called it “chilling” that some members of the Jewish community fear discrimination within the NHS, amid reports of widespread antisemitism in Britain’s health-care system.

The comments came weeks after British Prime Minister Keir Starmer unveiled a new plan to address what he described as “just too many examples, clear examples, of antisemitism that have not been dealt with adequately or effectively” in the country’s National Health Service (NHS).

One notable case drawing attention involved Dr. Rahmeh Aladwan, a trainee trauma and orthopedic surgeon, who police arrested on Oct. 21, charging her with four offenses related to malicious communications and inciting racial hatred. In November, she was suspended from practicing medicine in the UK over social media posts denigrating Jews and celebrating Hamas’s terrorism.

Other incidents in the UK included a Jewish family fearing their London doctor’s antisemitism influenced their disabled son’s treatment. The North London hospital suspended the physician who was under investigation for publicly claiming that all Jews have “feelings of supremacy” and downplaying antisemitism.

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