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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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Races to watch: As staunch Israel critics notch wins, these candidates could be next
(JTA) — A wave of left-wing candidates with sharply critical Israel stances have won their Democratic primary this year and are set to head to Congress. Who else of like mind could join them in the coming months?
Several candidates who fit the bill have benefited from the endorsement and vast volunteer infrastructure of the Democratic Socialists of America. Others are simply meeting the moment for the growing number of Democratic voters who think the U.S. government is too supportive of Israel. Meanwhile, some Jewish groups and other critics have been concerned that their campaign rhetoric in this election cycle has at times veered into antisemitism.
Last week’s New York City results showed the power of Mayor Zohran Mamdani’s endorsement and alarmed some Jewish leaders who watched as two pro-Israel incumbents lost their seat. Some onlookers questioned whether those victories could be replicated in other parts of the country, but Melat Kiros’ decisive win in Tuesday’s Colorado Democratic congressional primary for a district representing Denver answered the question with a resounding yes.
With just over two months left in the primaries, here are the upcoming races featuring left-wing insurgents whose results may hinge, at least in part, on sentiment toward Israel, Zionism and the American Israel Public Affairs Committee lobbying group.
Arizona: 4th Congressional District (July 21)
Democratic Rep. Greg Stanton is facing a primary challenge from activist Kai Newkirk in Arizona’s 4th District, which covers parts of Phoenix and Maricopa County.
Stanton, who took office in 2018, is pro-Israel and has picked up the endorsement of AIPAC — support that Newkirk, whose activism has largely focused on campaign-finance reform, has blasted.
Newkirk’s platform includes imposing a complete arms embargo on Israel and ending all military subsidies to the Jewish state, which he accuses of committing genocide. He identifies as a democratic socialist (though he’s not endorsed by the DSA), and is backed by a number of progressive organizations, including Vermont Sen. Bernie Sanders’ group Our Revolution and Track AIPAC.
“Kai is Israel Free and has fought to get money out of politics his whole life,” wrote Cenk Uygur, the host of the Young Turks, who has spread conspiracy theories about Israel.
Newkirk spoke out against last year’s killing of two Israeli Embassy staffers outside the Capital Jewish Museum in Washington, D.C. “I stand always with my beloved Jewish siblings against the scourge of antisemitism just as I will never stop in the nonviolent struggle to end the genocide in Gaza, release all hostages, and open the way to just, lasting peace,” he wrote.
Missouri: 1st Congressional District (Aug. 4)
Former Missouri Rep. Cori Bush is running for Congress in St. Louis again, two years after AIPAC’s super PAC poured millions into her race to oust the former “Squad” member from the House. Bush, who was first elected to Congress in 2020, will now take on Wesley Bell for the second time in the Democratic primary.
Bush, who supports the movement to boycott Israel, has alarmed a number of Jewish leaders in St. Louis over her positions on Israel.
She has expressed reluctance about calling Hamas a terrorist group, saying in a 2024 interview that racial justice protesters in Ferguson were also called terrorists. Bush was one of two members of Congress to vote against a measure to deny entry into the United States to Hamas terrorists who perpetrated the Oct. 7 massacre.
Her opponent, Bell, a supporter of the U.S.-Israel relationship, has the backing of a number of Jewish and pro-Israel groups, including AIPAC, the Democratic Majority for Israel (DMFI) and the Jewish Democratic Council of America, as well as the Congressional Black Caucus.
Bush, meanwhile, has been endorsed by Vermont Sen. Bernie Sanders, former New York Rep. Jamaal Bowman — who was ousted the same year as Bush in a race with heavy spending by AIPAC — St. Louis’ DSA chapter and the anti-Zionist group Jewish Voice for Peace.
Missouri: 4th Congressional District (Aug. 4)
Tenant organizer and radio host Hartzell Gray is running with the DSA’s backing in a Democratic primary in hopes of supplanting AIPAC-backed GOP congressman Mark Alford in the November general election in a solidly Republican district that includes some of Kansas City and its suburbs.
During a recent interview with Hasan Piker, Gray said that American elected officials, including Alford, are “catering to Israel, not to our folks here at home,” and broke down his views on the issue that he called “very much at the core of who I am.”
“I’m very honest. Listen, Israel’s apartheid ethnostate has been committing genocide to Palestinian people since before the Nakba,” Gray said. “They’re committing ethnic cleansing in Lebanon as we speak. We should be ending all ties — all diplomatic ties — with Israel.”
Gray had raised close to $170,000 as of March 31, according to FEC filings, by far the most of the seven Democrats in the running (none of whom are elected officials).
Michigan: U.S. Senate (Aug. 4)
The race for an open U.S. Senate seat between former county health executive Dr. Abdul El-Sayed, Rep. Haley Stevens and the trailing State Sen. Mallory McMorrow has been one of the country’s most closely watched primaries, with Israel and AIPAC at its center.
A physician and former public health official, El-Sayed, who led Stevens by 5 percentage points in the latest poll, has made Medicare for all a core plank of his campaign.
He is also a staunchly pro-Palestinian candidate who’s campaigned alongside fellow hardline Israel critic Hasan Piker. A number of major left-wing figures are backing El-Sayed, including Sanders and a handful of Congress’ most outspoken pro-Palestinian members, such as Michigan Rep. Rashida Tlaib and California Rep. Ro Khanna. New York Rep. Alexandria Ocasio-Cortez added her endorsement on Thursday.
AIPAC’s super PAC, United Democracy Project, has spent more than $2 million on ads boosting Stevens, who describes herself as a “proud pro-Israel Democrat.”
In a recent interview with Semafor, El-Sayed called Stevens “a suit with a large AIPAC bank account,” adding that he hopes AIPAC finds “some way to teach her how to string together two coherent sentences.”
Following the attempted attack on Temple Israel in West Bloomfield, Michigan, earlier this year, El-Sayed drew criticism from some Jewish leaders — including the synagogue’s rabbi — for releasing lengthy remarks that discussed Israel’s war in Lebanon, after initially condemning antisemitism in a statement.
Michigan: 13th Congressional District (Aug. 4)
State Rep. Donavan McKinney could be the next to join the wave of DSA-backed insurgents heading to Congress. He has the backing of major democratic socialists Sanders and Tlaib, as well as Metro Detroit DSA.
Unlike many DSA congressional candidates, McKinney has not made Israel or Gaza a primary focus of his campaign. On his campaign website, AIPAC is not mentioned by name in the section on “getting big money out of politics,” and Israel is not cited in the foreign policy section.
PAL PAC, an anti-AIPAC pro-Palestinian organization, endorsed McKinney. He thanked the group and said that his policies “reflect the growing majority of Americans who want to end US tax funding of weapons to Israel to destroy Palestinian communities, and instead invest resources back into American working families.”
Rep. Shri Thanedar, the incumbent looking to stave off McKinney, is backed by pro-Israel groups AIPAC and DMFl, and has supported military aid to Israel since joining Congress in 2023.
AIPAC mobilized against Thanedar when he ran in 2022 because of legislation he once co-sponsored in the Michigan House that described Israel as an “apartheid state” and urged Congress to end U.S. aid to Israel. Thanedar later walked back his legislation, telling Jewish Insider that it had been an “emotional reaction” to the 2021 conflict between Israel and Hamas in Gaza and that he would support Israel in Congress.
Michigan: 7th Congressional District (Aug. 4)
A Democratic primary between three major candidates is unfolding in a swing district in Michigan, with its winner hoping to unseat Republican Rep. Tom Barrett in November.
William Lawrence, 35, is occupying the race’s left lane, with endorsements from Sanders, Khanna and Tlaib. He co-founded Sunrise Movement, a climate advocacy organization, in 2015. (The group, which he left in 2020, has since become increasingly vocal in advocating for Palestinians.)
Lawrence is facing off against retired Navy SEAL Matt Maasdam and former U.S. Ambassador to Ukraine Bridget Brink, who’s said she resigned because Trump “kept siding” with Russian President Vladimir Putin over Ukraine.
At a candidates’ forum in June, Lawrence was the only participant to refer to Israel’s military campaign in Gaza as genocide. Lawrence opposes weapons sales and American military aid to Israel. Though not endorsed by the DSA, Lawrence is a member of the left-wing group.
Wisconsin: Governor (Aug. 11)
In the crowded Democratic primary for Wisconsin’s open gubernatorial seat — a seat that is seen as winnable by either party in November — state Rep. Francesca Hong has established herself as the left-wing candidate, with backing from two DSA chapters in the state.
She introduced statewide legislation earlier this year that would repeal a 2018 law banning state contracts with businesses that boycott Israel. In March, Hong criticized outgoing Gov. Tom Evers after he signed into law the International Holocaust Remembrance Alliance’s definition of antisemitism. Progressives have criticized the definition for characterizing some criticism of Israel as antisemitism. Hong wrote that adopting it “will compromise free speech across the state and academic freedom at our universities.”
She recently appeared on both Hasan Piker’s show and on the stream hosted by Michael Beyer, an influencer known as “Mike from PA” who came under fire after saying that Jewish identity is “a constructed ethnicity, this demonic ethnicity, wholly invented.”
“If Wisconsin is going to be a state that actually values human rights, then we have to ensure that we’re supporting, we’re fighting for the pro-Palestine movement,” Hong said on Beyer’s show.
The race’s most recent polling, conducted in March, had Hong leading with 14% of votes ahead of former Lt. Gov. Mandela Barnes, at 11%. Sixty-five percent of voters were undecided.
Florida: 25th Congressional District (Aug. 18)
Oliver Larkin, a 34-year-old democratic socialist, has made an effort to compare himself to Zohran Mamdani.
Larkin is up against the staunchly pro-Israel, AIPAC-backed Rep. Jared Moskowitz in the district that includes Fort Lauderdale and Boca Raton. Larkin is being backed by DSA and advocates for the suspension of U.S. military aid to Israel, which he accuses of committing genocide. His platform also includes the right of return for Palestinian refugees.
Now, some of the energy generated by the Mamdani-backed candidates’ success in New York appears to be lifting Larkin’s candidacy: His campaign reportedly raised $115,000 in the week after the New York primaries.
In an appearance on Piker’s show, Larkin differentiated his policies on Israel from those of Florida gubernatorial candidate James Fishback, the anti-Israel, fringe GOP candidate who has courted the online far right.
“The key difference is that when we talk about banning U.S. military aid to Israel, banning U.S. colleges and government from investing in Israel bonds, we’re talking about universal economic benefits,” Larkin said, meaning those tax dollars would go toward domestic programs for all.
November’s general election for the recently redistricted seat is seen as a toss-up. Should Larkin win the primary, his candidacy could serve as a test of how left-wing candidates fare in swing seats as opposed to moderate Democrats.
A recent poll showed Moskowitz with a 32-point lead; 72% of voters were unfamiliar or had no opinion of Larkin.
Massachusetts: 4th Congressional District (Sept. 1)
Rep. Jake Auchincloss, another staunchly pro-Israel Democrat, is facing a primary challenge from AI and policy researcher Jason Poulos.
Poulos’ platform calls to end U.S. support for Israel by signing onto legislation like the Block the Bombs Act and Tlaib’s bill stating that Israel is committing genocide. He also calls for AIPAC and DMFI to register as foreign lobbying groups.
Poulos told the Newton Beacon that Israel was an animating force in his entrance into politics.
“What really was radicalizing for me was watching the United States send tens of billions of dollars in military arms to Israel and watch them participate actively in the genocide of the Palestinian people,” Poulos said. He also said that he sided with the campus pro-Palestinian encampments in 2024 and their aim of lobbying the schools to divest from Israel.
Poulos has slammed Auchincloss for his endorsement from AIPAC. At a recent town hall, Auchincloss said it “concerns” him that there are numerous lobbying groups influencing politics, but only “one group of people get pummeled above all others.”
The next day, Poulos called Auchincloss “comically out-of-touch.”
“The reason why AIPAC is singled out is because it has already poured nearly $50m into congressional races nationwide, is bankrolled by MAGA mega-donors, and is in lockstep with the foreign policy interests of a foreign gov’t,” he wrote.
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Quiz: For America 250, how well do you know U.S. Jewish history?
The Forward produced The Great American Jewish History Quiz! using Claude, a generative artificial intelligence tool by Anthropic. All questions and answers were researched and written by Louis Keene, who prompted Claude to create the user interface and underlying code and to track statistics.
Questions or feedback? Send us an email: forwardquiz@forward.com.
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Mazel tov, Taylor and Travis: A rabbi’s imagined wedding speech under the celebrity chuppah
I have to admit, as a rabbi, I never imagined I’d be standing at a wedding bringing together two of America’s great religions: football and Taylor Swift.
And yet here we are. I’ve officiated weddings in synagogues, in backyards, on beaches. I was not prepared for Madison Square Garden.
Before I get to the blessings, I need to share a little Torah with you. Don’t worry: I’ll keep it short. Half this room is Swifties and half is Chiefs fans, and the only thing you agree on is that you didn’t come here for a sermon.
The very first matchmaking story in the Torah involves a man named Eliezer, sent by the patriarch Abraham on a mission: find a wife for Abraham’s son Isaac. Eliezer travels far, he arrives at a well, and he devises a test. A test that looked past beauty, past pedigree, past fame, past achievement.
The test is simple: When a stranger arrives tired and thirsty, what do you do?
Rebecca does more than just offer water to Eliezer. She sees his camels are also thirsty, and without being asked, she waters every single one. Ten camels. Anyone who has ever watered a camel knows this is not a small thing.
And the Torah stops to tell us: this is the wife for Isaac.
The Torah could have stopped to admire her talent or her beauty. Instead, it stopped to admire her kindness. Because she saw need in the world and responded to it, just because that’s who she was.
Taylor and Travis, I think about that story when I think about the two of you. Because what we know about you isn’t just about the Grammys or the Super Bowls. It’s about the friendships. It’s about the family. It’s the way Travis’s eyes light up when he talks about his brother Jason. It’s the way Taylor has shown up, year after year, for her crew — the people who have been with her since the beginning, long before the sold-out stadiums.
These are people who know how to love. Eliezer traveled hundreds of miles looking for exactly that. Turns out it was worth the trip.
Red zones and red carpets
Now, because we have a professional athlete here, permit me a football analogy.
Every great quarterback needs protection from a tight end like Travis. Every championship team depends on its offensive line. The line doesn’t get the glory. They don’t score the touchdowns. But without them, nothing works.
Marriage is the same. Protect one another. Protect each other’s dignity. Protect each other’s dreams. Protect each other’s hearts. Be each other’s offensive line on the hard days.
And because we also have one of the greatest songwriters in history standing before me — someone who has written the soundtrack to a generation — permit me a music analogy as well.
Every beautiful song has both melody and rhythm. Sometimes one instrument leads. Sometimes another does. But what makes the song truly beautiful is that each makes room for the other. The goal is never the solo. The goal is the harmony.
Marriage is exactly the same. There will be seasons when one of you carries more. Seasons when one of you needs extra support. Seasons of celebration and seasons of challenge. The goal is to reflect each other’s light. The goal is to create something together that neither of you could have created alone.
So, Taylor and Travis, here is my blessing for you: May you always remember what drew you to each other, the soul beneath the spotlight. May you protect each other fiercely and gently, in the stadiums and in the quiet rooms where no one is watching. May you make room for one another — to lead and to follow, season by season, era by era.
And may the love you build together — the real love, the private love, the love that has absolutely nothing to do with cameras or crowds — be the greatest thing either of you ever creates.
Mazel tov.
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