On War Crimes in Gaza
While the human rights organizations are pointing an accusing finger at Israel due to the operation in Gaza, according to international law it is precisely Hamas that committed war crimes. The widespread accusation regarding disproportional use of force does not meet the test of international law that places the emphasis on intention rather than results.
The Saudi Connection to the Mumbai Massacres: Strategic Implications for Israel
The Mumbai attacks have been linked to Lashkar-e-Taiba and radical Islamic groups in Kashmir generally. Yet it would be a mistake to see Lashkar only as a local organization with only a local agenda. Saudi Arabia has contributed very much to what Lashkar-e-Taiba looks like, how it thinks, its motivation, ideology, and funding. Saudi Arabia presents itself as the protector and the spearhead of the defense of Muslims around the world against what they define as the Western cultural attack.
Piracy and International Law
For centuries, aggressive international enforcement, facilitated by a legal regime that was the model of international cooperation, has been key to suppressing piracy on the high seas. Today, as a long-simmering piracy problem boils over off the Horn of Africa, nations have begged off from enforcing the law against this group of international criminals that threatens to bring much of international shipping to a standstill. The global shirking of prosecutorial responsibility is particularly hard to square with the eagerness with which the same countries have sought to prosecute much more complex and politically sensitive offenses. Coming at a time when increasingly bold claims have been made about international law’s ability to resolve massive problems like genocide and decades-long ethnic conflict, its incapacity to deal with the international equivalent of ordinary street crime.
European Reactions to Israel’s Gaza Operation
As of January 1, 2009, the Czech Republic took over the role of the Presidency of the European Union. On January 3, the presidency described the Israeli ground operations in Gaza as an act of self-defense. Israel should try to make the most of the current situation, since the upcoming Swedish presidency, which starts on July 1, 2009, will most likely be a more difficult time for Israel.
Hamas’ War Crimes
On January 7, the Washington Post reported that Hamas “opted for a tactical withdrawal, with its fighters melting away into the strip’s sprawling cities and refugee camps, according to Gaza residents and Israeli military analysts and officers. Now, Hamas appears to be daring the Israeli troops to follow.” This appears to be a deliberate and illegal attempt to use Gaza’s urban population as civilian shields.
Can the Palestinian Authority’s Fatah Forces Retake Gaza? Obstacles and Opportunities
It is widely believed that the PA in Ramallah only pays the salaries of civil service employees in Gaza to encourage them to stay at home to avoid working with Hamas. However, PA Prime Minister Fayyad also pays the monthly salaries of between 6,000 and 12,000 Hamas Executive Force operatives in Gaza, in line with the 2007 Mecca national unity agreement, as well as to Palestinian Islamic Jihad and Al Aksa Martyrs Brigades terrorists. The U.S. must avoid the temptation of once again blindly relyin
The George Mitchell Appointment: The Tactics of “Symmetrical Negotiations” May Not Work in “Asymmetrical Conflicts”
The Middle East that Senator George Mitchell will confront today is much changed from the one he wrestled with eight years ago as chairman of the committee to investigate the outbreak of the Second Intifada. The 2001 Mitchell Report was issued before the 9/11 al-Qaeda attack, prior to the capture of two weapons-laden ships bound for Gaza, and before Hamas’ coup in Gaza. Hamas’ alliance with Iran and its affiliation with the Muslim Brotherhood mark it as an enemy of moderate Arab regimes.
The Birthright Israel Program: Present and Possible Future Impacts
By autumn 2008, nearly two hundred thousand young Jewish adults aged eighteen to twenty-six from around the world had participated in Taglit-Birthright Israel, which consists of ten-day educational experiences in Israel. The aim of Birthright Israel is to make the participants’ Jewish identity more relevant to them, to enhance ahavat Yisrael (love of Israel), and to promote a sense of Jewish peoplehood. Research shows a great uniformity of impact on each of these measures, regardless of the par
Averting Iranian Influence in Post-War Gaza: The Rehabilitation Issue
It is of prime importance to prevent Iran from acquiring influence in post-war Gaza through any assistance programs.
Israel and the international community should transform the Palestinian Authority into the principal factor, along with Egypt, entrusted with the rehabilitation work in Gaza.
International Responses to Territorial Conquest
While territorial conquest has been relatively infrequent in the post-World War II period, most conquests have not been condemned by the international community. Indeed, open acceptance is as common as condemnation. The small likelihood of international opposition to conquest suggests that the relatively low incidence of conquest should be attributed to causes other than the non-recognition norm. This does not mean that the anti-conquest norm has no force or “compliance pull,” but it does suggest that condemnation and nonrecognition are not likely play a significant role in decisions about whether to conquer.
Jewish-Muslim Relations in Sweden
The last decade has seen a rise in Jewish-Muslim tensions on the grassroots level, and attacks on Jews by Muslims have occurred. Tensions increased particularly with the outbreak of the Second Intifada.
The Gaza-Egypt Smuggling Tunnels Must Be Closed
When Israelis look back on what caused the current conflict in Gaza, they point to their government’s decision in September 2005 to leave the narrow “Philadelphi Route” that runs along the border between the Gaza Strip and Egypt’s Sinai Peninsula. More than Israel’s disengagement from the Strip as a whole, the abandonment of this strategic area made full-scale war inevitable.
Double Jeopardy and Multiple Sovereigns: A Jurisdictional Theory
This Article offers a coherent way of thinking about double jeopardy rules among sovereigns. Its theory has strong explanatory power for current double jeopardy law and practice in both U.S. federal and international legal systems, recommends adjustments to double jeopardy doctrine in both systems, and shar pens normative assessment of that doctrine.
Rivkin and Brown on Libel Tourism
David Rivkin and Bruce Brown have a fascinating op-ed in the Wall Street Journal on libel tourism. Railing against the chilling effects of libel tourism on free speech, Rivkin and Brown review some of the most interesting recent cases, including Bin Mahfouz’s suit against Rachel Ehrenfeld. However, interestingly, Rivkin and Brown also reject many of […]
Courting Genocide: The Unintended Effects of Humanitarian Intervention
Invoking memories and imagery from the Holocaust and other German atrocities during World War II, many contemporary commentators and politicians believe that the international community has an affirmative obligation to deter and incapacitate perpetrators of humanitarian atrocities.
