Jihadist criminality and Israeli law-enforcement
Navigating Hamas barbarism needs knowledge of what the law allows. And Israel’s war is unequivocally within its rights.
Immediately following the fall of Bashar al-Assad’s regime in Syria, a reconfiguration of jihadi groups began to take shape. In ways not yet fully understood, this complex reconfiguration is being accelerated by Israel-Hamas hostage release agreements. But whatever the precise forms of this worrisome reconfiguration, an authoritative distinction will continue to distinguish between terror criminality and law-based counter-terrorism. In essence, this unhanging distinction will concern the universal jihadi embrace of “criminal intent” or mens rea.
Regarding Israel’s inherent right to survival and self-defense, pertinent law is fully clarifying and exculpatory. While the harms inflicted by Israeli counter-terrorism operations are collateral to international law-enforcement, the harms perpetrated on Israeli civilian hostages by Hamas and kindred jihadists are invariably the product of intentional law violation. Inter alia, it was improper for the International Criminal Court to issue coinciding arrest warrants for the Israeli prime minister and leaders of Hamas. On its face, this ICC-declared symmetry was political and contrived. It was not in any way jurisprudential.








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