Invidious comparisons are being made between Israel, Hamas's use of violence
IN ITS 1974 plan, a proposed sequence of Palestinian violence is expressed: “First, to establish a combatant national authority over every part of Palestinian territory that is liberated” (Art. 2); “second, to use that territory to continue the fight against Israel” (Art. 4); and “third, to start a pan-Arab war to complete the liberation of the all-Palestinian territory” (Art. 8). Ironically, this was and remains the annihilationist plan of a more mainstream Palestinian terror group than Hamas.Hamas Terrorists Are Playing the West for Fools
For Israel, the existential threat is no longer from a “Pan-Arab War.” At some still-ambiguous point, Hamas (with tangible Iranian support) could prepare to launch mega-terror attacks on Israel. Such potentially unprecedented aggressions could include chemical, biological, or radiological (radiation-dispersal) weapons. Foreseeable perils could also include a non-nuclear terrorist attack on the Israeli reactor at Dimona. There is a documented history of enemy assaults against this Israeli plutonium-production facility, both by a state (Iraq) in 1991 and by a Palestinian terror group (Hamas) in 2014. Though neither attack was successful, various fearful precedents were established.
International law is not a suicide pact. Even amid long-enduring world-system anarchy, it offers a binding body of rules and procedures that permits any beleaguered state to express an “inherent right of self-defense.”
But when Hamas celebrates the explosive “martyrdom” of manipulated Palestinian civilians and when Palestinian leaders seek “redemption” through the mass-murder of “Jews,” the wrongdoers have no supportable legal claims to immunity. Moreover, Hamas celebrations of “martyrdom” underscore the two-sided nature of Palestinian terror/sacrifice – that is, the primal sacrifice of “the Jew” and the reciprocal sacrifice of “the martyr.” Such murderous reasoning is codified within the Hamas charter as a “religious problem.”
Under international law, terrorists are considered hostes humani generis or “common enemies of humankind.” Among other things, this category of criminals invites punishment wherever the wrongdoers can be found. Concerning their required arrest and prosecution, jurisdiction is “universal.” Also relevant is that the Nuremberg Tribunal reaffirmed the ancient legal principle of “Nullum crimen sine poena,” or “No crime without a punishment.”
Generally, Palestinian commanders who control terror-mayhem against Israel cower unheroically in safe towns and cities outside of Gaza. Living in luxury hotels and villas, these commanders are never eager to become “martyrs” themselves. Why? Hamas and wider Palestinian populations believe that because they are fighting a “just war” they are entitled to employ “any means necessary.” Under international law, however, even if a war is determinably “just,” it must still be fought only with “just means.” Here, ends can never justify means.
The PLO, forerunner of Hamas (Islamic Resistance Movement) and of the Palestinian Authority (PA), was formed in 1964. This formation was three years before there were any Israeli “Occupied Territories.” What were the Palestinians then trying to “liberate?” The answer is incontestable and clarifying: “From the River to the Sea.”
The Palestinian objective has always been the “liberation” of Israel as such. For Hamas, the “solution” for Israel remains unambiguously “final.”
Ending the suffering endured by Palestinian civilians seems to be foremost in the minds of those seeking to implement a ceasefire in Gaza. It is now becoming increasingly evident that it is the fanaticism of Yahya Sinwar, the Hamas terrorist mastermind behind the Oct. 7 atrocities, that is thwarting peace efforts. Sinwar once boasted of strangling one suspected Palestinian collaborator to death with his bare hands.Jennifer Rubin: Focus on Hamas War Crimes
Sinwar's sole ambition has been to ensure that Hamas survives in Gaza once hostilities have ended. This explains why, every time the likes of U.S. Secretary of State Blinken arrive in the region bearing new ceasefire offers, the Hamas leadership immediately resorts to its maximalist demand that Israel agree to a complete military withdrawal from Gaza.
Any ceasefire deal that enables Hamas to maintain any vestige of control in Gaza would be seen as rewarding its leaders for committing gross acts of terrorism. Western policymakers should understand that Hamas, not Israel, is the real obstacle to achieving a lasting peace in Gaza.
The Israel Defense Forces' daring operation that rescued four Israeli hostages held for more than eight months provided new context for the war. Hamas committed war crimes on Oct. 7 by killing, raping and abducting civilians. It has continued to commit war crimes by holding civilians hostage and, again, by treating them inhumanely. And in making military targets of civilian homes by turning them into hostage cells, Hamas has again committed war crimes. Any civilian death is regrettable, but in this scenario, Hamas is solely responsible for the casualties resulting from the rescue mission.
To the extent civilians become participants - including hostage-holding - they lose the protection of international law. Hamas has committed a grave legal and moral wrong in erasing the line between civilians and combatants. Hamas wants more civilians to die. It's incumbent on Israel's harshest critics to dissociate themselves from Hamas enablers and antisemites. If not, they have no claim to the moral high ground.