Does Biden reject Israel’s right to self-defense?

The administration’s effort to stymie military action, coupled with its continued criticism as to how Israel is conducting a just war against a terror group, puts the Jewish state at risk in the region and the world.

Caroline Glick | JNS | May 31, 2024

Israeli troops operating in the Gaza Strip on May 21, 2024. Credit: IDF.

The most basic function of all governments is to provide for the collective defense of the governed. The most basic foundation of sovereignty is a state’s right to defend its country from aggression. Take away a state’s right to self-defense, and you’ve effectively transformed it into a non-sovereign state.

Six Biden administration actions and policies subvert Israel’s right to self-defense. Whether analysed separately or all together, they make it difficult to avoid the conclusion that the administration’s ultimate end is to undermine to the point of ending Israel’s right to self-defense, and so end Israel’s sovereignty, for all intents and purposes.

The six policies the administration is undertaking relate to the battle in Rafah, Gaza’s border town with Egypt; its posture vis-à-vis the International Criminal Court amidst the ICC’s stated intention of issuing arrest warrants against Israel’s leaders on false war crimes charges; the administration’s effort to coerce Israel into accepting Palestinian Authority control over post-war Gaza as a stepping stone towards the swift establishment of a Palestinian state in Gaza, Judea and Samaria, and parts of Jerusalem; the administration’s policies in relation to Saudi-Israeli normalization; and finally, the administration’s determination to block Israel from taking any effective action to prevent Iran from building a nuclear arsenal.

  1. Rafah

Sunday, the IDF carried out an airstrike targeting two senior Hamas terrorists in Rafah. Some 45 people Hamas asserts were civilians were also killed in the bombing. Immediately after the incident, the administration harshly criticized Israel for the operation. Vice President Kamala Harris said “the word tragic doesn’t even begin to describe” the loss of human life in the incident. Other senior officials voiced similar revulsion at Israel’s alleged killing of innocent civilians as a result of its killing of two senior terrorists. The U.S. State Department announced it would investigate the incident, which it referred to as “heartbreaking.”

Within moments of the airstrike, IDF forces on the ground were reporting that the fire that caused the deaths of the additional Palestinians was sparked by a secondary explosion. Early assessments were that the explosion was caused by Hamas rockets hidden adjacent to the encampment.

It was also clear, immediately after the bombing, that the operation was not carried out in a humanitarian safe zone, as Hamas alleged. At Israel’s urging, in recent weeks nearly a million residents of Rafah fled to the zones, which the IDF set up to protect them from the crossfire of battle. The bombing was carried out in the war zone, where civilians had already left.

It was also known immediately after the incident that the Air Force used the smallest ordnance permitted to limit to the greatest degree the possibility of the attack causing additional deaths beyond the two terror commanders Israel targeted.

In the two days after the incident, the IDF released intercepted phone conversations between people on the ground who stated outright that the fire in the tents that caused the additional deaths was the result of a secondary explosion of Hamas munitions. Israel played no role in the carnage. Hamas was entirely responsible for everything that had happened.

Given the fact that Israel’s careful prosecution of the war has led to the smallest ratio of civilians to militants killed in the history of modern war, its ally, the United States, could have been expected to give it the benefit of the doubt and not rush to pile on international condemnations of the Jewish state based entirely on Hamas footage and propaganda.

But the fact is that for months, Washington did everything possible to block Israel from carrying out its vital operation in Rafah, knowing all along that Israel cannot defeat Hamas if it leaves the international border under Hamas’s control. The administration’s latest effort to delegitimize Israel’s operation in Rafah by embracing Hamas’s quickly discredited rendition of events follows the administration’s now-established pattern of undermining the operation.

The administration’s tireless efforts to first block Israel from seizing control over Rafah and then embrace Hamas’s lies to criminalize the Jewish state signal that its opposition is not about humanitarian concerns.

If the United States successfully coerces Israel to abstain from controlling Rafah, including the border zone, then Hamas will survive. And if Hamas stays in power, Israel will lose the war. So by undermining Israel’s operation in Rafah, the administration is protecting Hamas from destruction while effectively criminalizing Israel’s war to protect itself from further aggression against Hamas.

  1. International Criminal Court

The International Criminal Court has been trying to build cases criminalizing Israel and denying it the right to self-defense for at least a decade. Its pursuit of criminal charges have taken many forms and moved in many directions. It is notable, therefore, that when ICC prosecutor Karim Khan began indicating his intention to issue arrest warrants against Israel’s leaders a month ago, his claims ignored years’ long ICC investigations of Israel, and instead, simply parroted the administration’s rhetorical assaults on Israel. For months, the administration has been accusing Israel of denying sufficient “humanitarian aid” to the Palestinians, causing them to live in conditions of acute food insecurity that at a minimum border on starvation. The administration has also consistently accused Israel of killing “too many” civilians

The first allegation was never true. The second is entirely subjective, and given that the civilian-to-terrorist death ratio in Gaza of 1.3:1 is far lower than any similar ratio in the history of modern warfare, the U.S. designation is absurd

The U.S. allegation relating to humanitarian aid formed the basis of the administration’s consistent demand that Israel permit ever-increasing quantities of food, water and medicine into Gaza. That demand, which Israel acceded to, guaranteed Hamas constant resupply. Since Hamas remains the most powerful Palestinian force on the ground, it has been able to maintain total control over the aid and used that to maintain its power over the population. In other words, the U.S. demand that Israel provide all but limitless quantities of goods to enter Gaza protected Hamas and its regime from destruction.

Khan announced on May 20 that he intends to charge Israel’s leaders with war crimes for starving Gazans by preventing sufficient humanitarian aid from entering and for “killing civilians.” It’s difficult to avoid the conclusion that in determining what to charge Israel with, the ICC opted to align itself with the administration

His decision seems to have paid off. On Wednesday, Israel was blindsided when contrary to explicit messaging from U.S. Secretary of State Tony Blinken in testimony before the Senate on May 21, National Security Council communications advisor John Kirby announced on Wednesday that the administration opposes the bill now moving through Congress to sanction ICC personnel for advancing an unlawful and scurrilous prosecution of Israeli leaders.

If the ICC’s bid to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for the crime of carrying out a just, lawful war for Israel’s survival is successful, the ICC will deny Israel’s right to self-defense and so delegitimize its very existence as a sovereign state. By refusing to support sanctions on the ICC for its unlawful, discriminatory action against Israel, the administration is signaling that it supports the ICC’s goal.

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June 1, 2024 | 1 Comment »

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  1. There is an urgency for IL to get to Sinwar ASAP!
    But so many wrongs have been done from day I!
    It almost looks on purpose!