Thursday, June 5, 2025

Here Is Exactly Why Israel’s War Against Hamas Is Legal — and Required — By International Law




 Israel has always had to navigate “new waves.” Today, however, separate but force-multiplying “seas” of jihadi terrorism and Iranian nuclearization define an existential threat. To confront this, Jerusalem’s strategic decision-makers will need to offer assessments in legal and strategic terms.

On these matters, geography remains specific. Gaza is often center stage, and Gazan Palestinians are portrayed as victims of incessant harms. Though the death and victimization of so many Gaza noncombatants seems difficult to reconcile with humanitarian international law, there exists a clarifying distinction between jihadist-inflicted terror violence and Israeli-inflicted defensive measures — measures needed by Israel to survive as a state.

This distinction centers on “criminal intent” or mens rea. For Hamas, Hezbollah, Fatah, the Houthis and assorted other Islamist foes, mens rea is conspicuous and indisputable. These groups aim to kill civilians.

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