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Who is Responsible under International Law for the New Gaza Wars? by Louis René Beres (Gatestone Inst.)

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Sept. 2, 2016

  • Recurrent Hamas rocket attacks upon Israeli noncombatants are terrorism. Such terrorism — all terrorism, irrespective of so-called “just cause” — represents a distinct crime under international law.
  • When Palestinian terrorism reflects populations that enthusiastically support terror attacks, and where the terrorists can find hospitable refuge among local populations, the legal responsibility for all ensuing counterterrorist harms lies with the perpetrators.
  • Under international law, which also happens to be part of the law of the United States, all Palestinian terrorists are hostes humani generis: “Common enemies of humankind.”
  • Hamas’ lack of distinction between “Jews” and “Israelis” is intentional. For Hamas, the true enemy is identifiable by religion, not territory, and is therefore irremediable. For “the Jews,” this means that the only way to avoid Arab terror is to disappear, or submit to Islamic control — to become persecuted, second-class dhimmi citizens in their own country, just as the indigenous Christians are now in Egypt and much of the Middle East.

“The safety of the People Shall be the highest law.” — Cicero, The Laws.

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