What legally constitutes self-defense


I'm copying the lengthy tweet posted by lawyer Captain Allen @CptAllenHistory on Twitter X here because it's too long for a post. I put his previous long post on "proportionate response" into a PDF that I uploaded here https://www.linkedin.com/posts/ariellab_legal-definition-of-proportionate-response-activity-7129932991581081601-oZ56?utm_source=share&utm_medium=member_desktop


Hi, lawyer here again. You’ve heard Israel has a right to "self-defense," but you may have noticed politicians & media stars disagree on what Israel is permitted to do in #SelfDefense. Want to know how international law really defines the limits of “self-defense?” Then read on.


“Self-Defense” Under International Law


Self-defense is the most basic legal right afforded to all sovereign nations.


Under both customary international law & Article 51 of the #UN Charter, all countries acknowledge one another’s “inherent right” to self-defense against armed attack.


You may hear some claim Israel’s self-defense is limited to what he or she claims is “#proportionate” to the #HamasMassacre of October 7-only. That is incorrect.


Israel’s right to self-defense under international law continues until it has eradicated the ongoing threat of further attacks by #Hamas.


Why? Well, the #October7massacre was only the latest & most deadly #TerroristAttack by Hamas against Israel.


Hamas’ Goals Stated in its Charter


For anyone paying attention, Hamas does not hide its intentions. Its raison d’être is expressly stated in its 1988 Charter, which includes the following (just a few examples):


(1) Hamas is in a worldwide religious “struggle against the #Jews”;


(2) Hamas intends to “raise the banner of #Allah over every inch of Palestine” (“from the Jordan River to the Mediterranean Sea”) where it plans an Islamic Caliphate; and


(3) Hamas vows no #peace with Israel, claiming “Palestine is an #Islamic land.”


Hamas’ Early Attempts to Thwart Peace with Terror


Hamas has been carrying out terror attacks against Israeli civilians for ~35 years.


To help kill the 1993 & 1995 “Oslo Accords” in the cradle, Hamas carried out & celebrated multiple terror attacks, just a few of which include:


(1) Oct 19, 1994: suicide bomber murdered 22 Israeli civilians & wounded 56 on a public bus in Tel Aviv;


(2) Feb 25, 1996: suicide bomber murdered 26 Israeli civilians & wounded 80 on a public bus in Jerusalem; and


(3) Feb 25-March 4, 1996: three Hamas suicide bombings in seven days murdered 65 Israeli civilians & wounded 164 (two on public busses in Jerusalem & one in Tel Aviv’s largest shopping mall).


Camp David 2000 & the Second Intifada


At Camp David in 2000, U.S. #President Bill Clinton hosted #Israeli Prime Minister Ehud Barak & Palestinian Authority President Yasser Arafat to finalize a peace agreement.


Barak accepted the "Clinton Parameters" & agreed to recognize a Palestinian state on 100% of the Gaza Strip & up to 97% of the #WestBank (with land swaps to make up for the remaining ~3%) with East #Jerusalem as its capital in return for “the end of belligerency and any further claims.”


Arafat rejected the offer.


Arafat made no counter offer.


Arafat, instead, ordered the Second #Intifada.


Arafat released dozens of Hamas & Islamic #Jihad terrorists from #Palestinian jails & made a strategic return to #terrorism.


The Second Intifada saw bloody, almost-daily terrorist attacks for ~five years, during which more than 1,000 Israeli civilians were murdered.


In fact, more than 200 terror attacks were carried out against Israeli civilians between May 2003-July 2004 alone.


The constant terror - especially in response to Israel’s offer of peace & a Palestinian state - left scars on Israeli society that remain to this day.


2005 - Israel Withdrew from Gaza Entirely & Hamas Took Over


Israel believed it had no "peace partner" in the PA, so Prime Minister Ariel Sharon adopted a “disengagement plan” from #Gaza in 2005, which saw Israel forcibly remove 9,000 Israelis living in 21 Jewish settlements in Gaza and dismantle 38 synagogues, 42 daycare centers, 36 kindergartens, seven elementary schools, and three high schools at a total cost of ~$900 million. Israel even dug up all Jewish graves and moved them out of Gaza.


There was no #siege & no #blockade - Gaza was under the complete control of the PA.


But here is a general overview of the unfortunate two years post-disengagement:


Sept 12, 2005: not a single Jew - alive or dead - was left in Gaza; PA took control.


Sept 23, 2005: Hamas fired 40 rockets at Israeli civilians in Sderot.


Jan 25, 2006: PA Legislative elections resulted in a Hamas victory.


March 29, 2006: Hamas formed PA government under arch-terrorist Ismail Haniyeh.


June 25, 2006: Hamas terrorists crossed from Gaza into Israel, murdered two, wounded two, & kidnapped Gilad Shalit.


Feb 8, 2007: Hamas and Fatah (PA President Mahmoud #Abbas’ organization) agreed to share power; Hamas reiterated it would “never” recognize Israel.


June 10-14, 2007: Hamas murdered or exiled every Fatah member from Gaza in a bloody coup.


Once the #genocidal Hamas terror organization completed it takeover of Gaza, both Israel & #Egypt (which also shares a border with Gaza) placed a “blockade” on Gaza that attempted to restrict smuggling of weapons & terrorists.


Hamas Terror & Israeli Responses


After Hamas fired more than 10,000 rockets & mortars at Israeli civilians, Israel launched Operation Cast Lead in 2008; but international pressure forced Israel to end the operation with a “stalemate” #ceasefire instead of destroying Hamas.


In 2012, after Hamas continued to rain thousands of rockets on Israeli civilians, Israel launched Operation Pillar of Defense; but international pressure forced Israel to end the operation with a ceasefire.


In 2014, Hamas was still firing thousands of rockets on Israeli civilians, and Israel launched Operation Protective Edge; again, international pressure forced Israel to end its operation with a ceasefire.


In 2021, Hamas fired six rockets on Jerusalem (an Israeli “red line”) and then fired hundreds of rockets aimed at Israeli civilian population centers, including #TelAviv. Israel launched Operation Guardian of the Walls; but, again, international pressure forced Israel to end its operation with a ceasefire.


Oct 7, 2023: ~3,000 Hamas terrorists & their collaborators infiltrated Israel & committed mass atrocities including mutilations, rapes, torture, & murder of Israeli men, women, children, the elderly, the infirm, & infants. More than 1,200 Israelis were murdered, ~8,000 were wounded, and ~240 were kidnapped.


Extent of Israel’s Legal Right to Self-Defense


Israel’s legal right to self-defense permits it to do everything “necessary” to ensure Hamas can never attack Israeli civilians again.


At a minimum, this is because of: (1) the genocidal brutality of Oct 7; (2) Hamas’ history of genocidal warfare against Israel & Jews; and (3) Hamas’ express commitment to repeat massacres like Oct 7 “over and over.”


Thus, Israel’s right to “self-defense” extends beyond just stopping Hamas’ immediate attacks (it still fires rockets daily at Israel), it permits Israel to completely eradicate Hamas’ military capability.


One way to think of how/why it is “necessary” for Israel to destroy Hamas’ military capability in self-defense is to understand countries not only have the right to eliminate threats to their civilian population, but they also have the right to restore a sense of security.


On October 7, Hamas shattered Israel’s sense of security since Hamas showed it had the capability to defeat Israel’s defensive measures.


Israel had invested heavily in defensive-only military capabilities such as building the #IronDome system that intercepts the majority of rockets fired from Gaza & by constructing bomb shelters across the country.


However, on October 7, Hamas got around Israel’s defenses & carried out a genocidal massacre.


As a result, Israel is legally justified under international law to take necessary action in self-defense by completely destroying Hamas’ ability to make war or commit atrocities again by doing things such as: (1) capturing or killing Hamas’ command & control; (2) destroying Hamas’ combat capabilities by taking out operatives, launch sites, & military equipment; and (3) taking steps to prevent Hamas from reconstituting & rearming.


One additional thing to keep in mind with regard to Israel’s legal right to self-defense is the possibility that Israel could extend this right to #Iran given its role as the main sponsor of Hamas in both weapons and terror training.


Whether Israel thinks it is a good idea to strike Iran directly remains to be seen; however, it is clear that Israel would be legally justified in doing so in order to stop Iran from funding attacks against its civilians.


#Education #Israel #Palestine

Ariella B.

Say no to ordinary marketing. Bring your brand story to life with an unbeatable combination of creativity, analytics, and a bias for action! 🎯 Strategy 💼Project Management 📖Storytelling 👻Ghostwriting 📑Editing

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Ariella B.

Say no to ordinary marketing. Bring your brand story to life with an unbeatable combination of creativity, analytics, and a bias for action! 🎯 Strategy 💼Project Management 📖Storytelling 👻Ghostwriting 📑Editing

11mo
Like
Reply

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