INSS Insight No. 566, June 27, 2014
Following the abduction of three teenagers on June 12, 2014, Israel launched a campaign against Hamas in the West Bank that involves intensive activity on the ground, including searches, arrests, interrogations, confiscation of property, and other actions. The campaign is consistent with Israel’s obligations and rights to guarantee its security and the security of its citizens. To the extent that these measures involve arrests, there is a legal framework that regulates their implementation. Legal difficulty, however, arises mainly in regard to two potential measures, the expulsion of Hamas members from the area and the demolition of terrorists’ homes. The questionable legality of these steps must be factored into the decision making process undertaken by the Israeli leadership.
Playing footsie with the small fry isn’t going to get action anyway.
Better to resume the policy of targeted assassination of the leaders
— till they get the message that the party’s over.
@ SHmuel HaLevi 2:
Hamas does not recognize Israel’s existence and has no claim upon Israel’s legal protection. Islamic terrorists can and should be executed without the benefit of trial. This is exactly what they do to those who fall into their hands. Hamas doesn’t always follow this Islamic doctrine literally but only because Israel has something in exchange to offer it. When Israel can no longer do so, the privileged status of Jewish prisoners in Hamas captivity will come to an abrupt end. Israel should not fool itself about the true nature of Hamas.
HAMAS, an Iranian surrogate, is effectively at war with Israel. So are all Arab/Muslim States except Egypt and Jordan. That war is waged by irregular combatants who act in flagrant violation of all Conventions.
The “legality” issues raised by the writer are utterly irrelevant if not offensive, considering the status of the conflict. It is self wounding to pipe about “legality” of punitive actions against a mortal enemy.
Just as much, it is incumbent upon the legal experts to expand their field of view to include all facts, before issuing opinions serving our enemies.
The problem is the squeamishness and moral cowardice of Israel’s leadership and its belief Israel’s need for a good press and enhanced international standing outweigh the need to save Jewish lives.
Israel does not even have the strongest deterrent on its law books, the death penalty for kidnapping and murder. There is no rational reason why Hamas should refrain from committing such crimes – its members pay no real price for harming Jews.
Executing offenders would bring Israel into open conflict with European governments and so-called international human rights NGOs. But Israel’s desire to avoid it cannot be invoked as a rationale to avoid fulfilling a government’s basic duty to protect the lives and the rights of its people.
In Israel, the death penalty is a moral question. Jews need to ask themselves if Jewish life is the highest value. If the answer is “yes” – then its Israel’s duty to execute those who put Jews in danger.
In the end, its all about priorities.