By Amos N. Guiora
American decision-makers are on the eve of a decision of monumental importance.
President Barack Obama is considering deploying tens of thousands of additional American soldiers to Afghanistan in a war he called “fundamental to the defense of our people” in his August speech to the Veterans of Foreign Wars. Similarly, Pakistan — an unstable regime with nuclear warheads — is engaged in a fierce internal battle with the Taliban.
If President Obama concludes that using U.S. forces to prevent Afghanistan and Pakistan from falling to the Taliban is an act of legitimate self-defense, then he will face obstacles beyond the strategic and tactical. The recently released “Report of the Goldstone Commission” on the January conflict in Gaza threatens to challenge the legality of the president’s decision.
Much has and will be written about the report — mandated by the U.N. Human Rights Council — regarding what Israel dubbed Operation “Cast Lead.” Some have noted that it is one-sided and lacking objectivity; others have raised significant questions about its intellectual integrity. Even Justice Richard Goldstone now appears to be backing away from aspects of the report he authored.
While Goldstone’s professed surprise that Israel’s enemies would seize on his words seems odd given his extensive experience in international affairs, the issues are far larger than whether Goldstone has been misunderstood.
The essence of the report has long-term ramifications that deserve our immediate attention.
In a nutshell: The report legitimizes terrorism and delegitimizes a nation-state’s right to self-defense as preserved in the U.N. Charter. The fundamental issue is the application of the report to conflicts worldwide — in particular, how nation-states protect their citizens.
Prior to the operation — for four years after Israel disengaged from the Gaza Strip — hundreds of thousands of Israelis within a 40-kilometer radius of the Gaza Strip lived in daily fear of Kassam rockets fired in their towns. By largely dismissing that fact, the report all but suggests that nation-states do not have the right to fulfill its principal obligation of protecting its citizens.
By delegitimizing the nation-state’s right to self-defense, the report places American commanders in Afghanistan, Pakistan and elsewhere in a legal “cross hairs.” If terrorism is legitimate, then counter-terrorism is illegitimate. If that is the case — as the report intimates — then protecting national self-interest is illegitimate.
In other words, the true significance of the report is a minimization of national sovereignty. The ramifications are extraordinary: A fundamental rearticulation of the nation-state’s right to self-defense that may now be deemed no longer legitimate. A nation-state that can’t defend itself is, at the end of the day, unprotected.
President Obama has a serious decision to make with grave consequences for America and the world. The Goldstone report –which incorrectly and dangerously delegitimizes the right to self-defense against terrorism — must not be an added consideration.
To that end, both the administration and its allies must overwhelmingly reject this report. Those the president sends to battle are counting on him, just as he is counting on them. That is the very least the president owes those he places in harm’s way. Our soldiers have our back; we must have theirs.
Amos Guiora will speak for teh Jewish Federation of New Mexico on Monday, November 2nd, 7:00 p.m. at the JCC in Albuquerque. To RSVP, call (505) 821-3214
Amos N. Guiora is a professor of Law at SJ Quinney College of Law, University of Utah. Guiora, who lectured locally last week, was the legal adviser to the Israel Defense Force Commander in Gaza from 1994-97. His latest book is Freedom from Religion: Rights and National Security. E-mail him at: guioraa@law.utah.edu.
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Jihad: “A Wake up Call” By Yoram Ettinger
Categories: General Commentary, Uncategorized
By Yoram Ettinger
1. Jihad (Holy War) has been a cardinal feature of Islam since the 7th century. It constitutes a clear & present danger to Western democracies, irrespective of the Arab-Israeli conflict, independent of the Palestinian issue and regardless of Israel’s policies and existence.
2. The most authoritative analysis of Jihad was published by the late Prof. Majid Khadduri of Johns Hopkins U. in War and Peace in the Law of Islam (http://yoramettinger.newsnet.co.il/Front/NewsNet/reports.asp?reportId=211429).
3. Hebrew University Prof. Moshe Sharon, a world renowned authority on Islam, sheds light on Jihad in Islam Against Israel and the West (2007):
“Jihad is the strategy and, therefore, agreements are a [tactical] interlude in the war [against the infidel]…
“Islam came to being as a fighting religion. Mohammed imposed his authority by means of his military strength…Islam established empire before it crystallized as a systematic religion…The imperial and religious aspects of Islam are interconnected. Without an empire, Islam feels that it lacks a home. The empire expressed Islamic power, prominence and virility. Islam was born in order to rule, as is only fitting for the religion of Allah which is one and exclusive…Jews and Christians cannot claim that they possess true, holy scripture as all of the holy scriptures must be identical to the Qur’an…Islam is supreme… Anyone challenging this Muslim law of nature rebels against Allah and should not be allowed to exist…The establishment of a Jewish state on Islamic land is an open rebellion…insolent towards the Prophet and impudence towards Allah…
“Any territory that was ever Muslim becomes sacred to Islam [Waqf – sacred Islamic endowment]…If the territory is conquered by enemies of Islam, like Spain, Palestine and parts of Europe, it is incumbent upon Islam to do everything to restore it to Islamic rule…Islam has not recovered from the loss of Spain…Spain, which Arabs insist on calling Andalus, is regarded to be a lost Islamic territory, the recovery of which is a religious and political duty…The Jihad for the conquest of Europe already began a few decades ago…[Muslims migrants] are coming to Europe as masters and not as immigrants…Thousands of mosques have been established from Finland to France. Islamic version of history and thought is creeping into al the echelons of [European] political and intellectual life, affecting the educational system on all levels…
“The laws of Jihad…form the basis of the relations between the Muslim world and the West…The only possible relations between Muslims and non-Muslims are war or a limited ceasefire…Any sign of weakness is a clear call to renew Jihad…An agreement which contains anything beyond a limited armistice or ceasefire is null and void. The only agreement with non-believers that is permitted by Islamic law is one that enables Islam to strengthen itself, so that when the time comes it can resume Jihad in better conditions. An armistice/ceasefire is based on the postulation that the infidel enemy will mistake the agreement for peace, lower its defenses and slide into a slumber, thus turning itself into an easy target…
According to Prof. Bernard Lewis, the world’s leading expert on Islamic history, “the Muslims believe that they had caused the fall of the Soviet Union [in Afghanistan]…Dealing with the soft, pampered and effeminate Americans would be easier…The lessons of Vietnam and Beirut (1983) were confirmed by Mogadishu (1993). A murderous attack on Americans was followed by a prompt and complete withdrawal…This was the course of events leading to 9/11…
“The Muslims are now convinced that terror is the most effective weapon in their arsenal. They found out that they can kill civilians without being punished…that terror has become an acceptable phenomenon. Some western writers have even defined terror as ‘the weapon of the weak’…Muslim terrorists are encouraged by ‘experts,’ who keep repeating: ‘There’s no military solution to terror.’
“In the Mideast, negotiations are a method to win time…Terrorists need time to arm themselves with more deadly missiles for more effective attacks on civilians…”
4. Israel is the West’s First Yard Line of defense.
A strong Israel deters Jihad; a weakened Israel fuels Jihad.