Israel, ‘Palestine,’ and the Law Of War (First of two parts)

For the moment, at least, a state of Palestine does not exist. Historically, of course, such a country has never existed. Nonetheless, current supporters of Palestinian statehood (sometimes Jews as well as Arabs) have discovered substantial practical benefit in persistently referring to Israel and "Palestine" as if there were some existing legal equivalence between them. Indeed, repeated again and again, ritualistically, as if it were an incantation, such propagandistic usage is already transforming "Palestine" into a jurisprudential fait accompli.

At some point, perhaps sooner than later, Hamas and the Palestinian Authority will be able to agree on the basic boundaries and parameters of an independent Palestine. Though Prime Minister Netanyahu has insisted that any such twenty-third Arab state must immediately be demilitarized, Palestinian leaders will be under no actual legal obligation to comply. This is the case even if they should initially agree to demilitarization in their pre-independence compacts with Jerusalem.

What will happen next? Once it is formally established, a new state of Palestine will quickly become a staging area for incrementally expanding terror and war against Israel. More than likely, this transformation will take place while Hizbullah escalates its own rocket operations against Israel from Lebanon. Depending on the still uncertain outcomes in Syria, and also in Iran, the ferocity of such aggressions could compel Israel to launch renewed forms of self-defense in several theatres of conflict, and at the same time....

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.