Israel Is Not Acting in “Self-Defense”

            “Thou shalt not kill” is probably the oldest and most widespread moral and legal edict in human civilization, common to nearly every culture. However, there is one universal exception: even in countries that prohibit capital punishment and euthanasia, murder is permitted in self-defense.

            At this writing, Israel has murdered more than 7,000 Gazan residents over the last three weeks. Israel and its supports say this bloodbath is justified as self-defense. “Israel has a right to defend itself and its people,” President Biden said on October 7th, hours after Hamas fighters killed more than 1,400 Israelis.

            Is it really “self-defense”?

            Israel is framing its war against Gaza as a nation’s legitimate right, under international law, to defend itself. “We are in a war for our sovereignty, for our existence, and we have set ourselves two fundamental objectives: to eradicate Hamas’s military and governmental capabilities and to do everything possible to bring the hostages held by the Palestinian Islamist group back home,” Israeli Prime Minister Benjamin Netanyahu told TV viewers. “There is no place for a balanced approach. Hamas must be erased off the face of the planet!” added Israeli Foreign Minister Eli Cohen.

            There is nothing balanced about Israel’s response. Carpet bombing has destroyed nearly half the homes in the Gaza Strip. Israel has killed many times more Palestinian civilians than it lost on October 7th. A ground invasion will unleash more misery and mayhem.

            Reasonable people may disagree over whether Israel’s response is justified or likely to prove effective.

No one should call it self-defense.

            International law clearly governs how a nation like Israel is supposed to respond to an attack like October 7th. Article 51 of the U.N. Charter permits “self-defense if an armed attack occurs against a Member of the United Nations”—the exact situation here—“until the [U.N.] Security Council has taken measures necessary to maintain international peace and security.” As a U.N. member state, Israel should have requested assistance from the Security Council. They still ought to.

            Israel’s claim to self-defense ended hours after the Hamas attack, when the IDF had killed or routed all Hamas fighters on Israeli territory and retaken control of the areas that had previously been overrun. The status quo ante was restored as of October 8th, with the exception of the more than 200 hostages seized from Israel and now held by Hamas in Gaza.

            After Israel secured the areas broached by Hamas, a different body of law applied. Israel’s bombing campaign, which began on October 8th, might only be justified as a preemptive act of self-defense—a military campaign to prevent future terrorist attacks by Hamas. The Bush Administration claimed that its invasion of Iraq fell into this category, but that war clearly failed the so-called “Caroline test” formulated by the U.S. in the 19th century and which now guides international law. In 1837, Secretary of State Daniel Webster declared that a nation-state could only justify the use of military force in a case of imminent threat that was “instant, overwhelming, leaving no choice of means, and no moment of deliberation” and, these conditions being satisfied, military action should be proportional: “nothing unreasonable or excessive; since the act, justified by the necessity of self-defense, must be limited by that necessity, and kept clearly within it.”

Self-defense is not a blank check for unlimited vengeance or retribution. Being angry or insulted or traumatized does not justify revenge. A nation-state is only permitted to apply the bare minimum of force necessary to repel or neutralize a threat.

That’s not what Israel is doing to Gaza. Dropping 8,000 bombs on a tiny densely-populated area, cutting power and communications and indiscriminate assaults are not needed to keep Hamas from reentering Israel. Netanyahu’s stated goal of regime change, toppling the Hamas government, is hardly a bare minimum requirement to reduce the threat to minimal levels. It is maximalist. It is illegal.

It is an obscenity.

If anyone doubted that Israel has already gone far beyond what is permitted under international law, the heated rhetoric of Israel’s leaders and its patron the U.S. make that clear: the State Department sent internal memos to its officials warning them not to use the phrases “de-escalation/ceasefire;” “end to violence/bloodshed” or “restoring calm.”

When you’re censoring calls for calm, you’re probably on the wrong side of the law.

What constitutes self-defense for a nation-state is similar to that for an individual. Laws in the U.S. vary by state; Florida’s “stand your ground” law grants more leeway than New York, which requires you to retreat if possible and only permits you to use deadly force if you believe you or someone else are at imminent risk of physical harm. Basically, though, self-defense as a defense to a murder or manslaughter charge ends when the threat, which must be substantial and likely to occur, ends.

May I kill a robber who points a gun at me? Maybe. The moment he drops his weapon and turns tail, however, the answer is no. If at that point an assailant has hurt and/or robbed me, it is completely understandable that I might want to chase him down and hurt him to get even. It would also be illegal.

What should I do, nothing? No. I should call the cops. For a nation-state the U.N., not Israel or the U.S., is the world’s policeman. Israel should request assistance from the U.N.

Of course, a threat does remain from Hamas. Specifically, Israeli hostages are in danger. Rockets are fired into Israel. But neither justifies carpet-bombing or a ground invasion.

Bombing actually imperils the hostages. Hamas’ primitive rockets without guidance systems kill an average of three Israelis a year. As deplorable and tragic as those killings are, a bombing campaign that has killed over 7,000 people in three weeks is wildly disproportionate under the Caroline test.

The “rules-based international order” has obviously broken down. Who can remember the last time U.N. troops parachuted into a crisis zone in order to establish peace and order, much less did it well? Israel can be forgiven for dismissing that option out of hand. But just because everyone breaks the rules doesn’t mean they’re not still the rules.

What Israel is doing can be characterized in many ways.

But it’s not “self-defense.”

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Fun for the Whole Country! Race Trial!

Every so often there’s another so-called “race trial.” Whether the defendant is white as in the Arbury trial or Black as with O.J. Simpson, or a racially-tinged trial like that of Kyle Rittenhouse, Americans increasingly root for their side the same way that they support their favorite sport team. These clown shows substitute for rolling up our sleeves to try to get rid of racism once and for all.

They Are Not Going to Take Me

According to media reports, a hodgepodge of federal agencies are contributing to an identified goon squad roaming the streets of cities like Portland and Seattle. They are kidnapping, not arresting, protesters. Unidentified men are not policemen. No one has to go with them. No one should go with them.

Mutual Assured Destruction

After yet another mass shooting, this one claiming 28 lives in Newtown, Connecticut at a local elementary school, right-wing politicians including Texas Governor Rick Perry are calling for students and/or teachers to be allowed to carry guns at school so they can defend themselves from future massacres.

SYNDICATED COLUMN: The Occupier’s Choice: Violence or Failure

Don’t Know What They Want, But They Know How To Get It

Here’s how U.S. state-controlled media covered events at Occupy Oakland:

“A day of demonstrations in Oakland that began as a significant step toward expanding the political and economic influence of the Occupy Wall Street movement, ended with police in riot gear arresting dozens of protesters who had marched through downtown to break into a vacant building, shattering windows, spraying graffiti and setting fires along the way,” reported the AP.

Then they quoted an Occupy Oakland member: “‘We go from having a peaceful movement to now just chaos,’ said protester Monique Agnew, 40.”

The lede of this November 3rd AP story frames a larger narrative. “Political and economic influence” cannot be achieved through violence. Ms. Agnew’s quote is used to support that framing. The move from “peace” to “chaos” represents a setback for the Occupy movement.

Violence = tragedy.

Considering that recorded history does not include a single instance of a nonviolent movement effecting radical change, it is interesting that anyone would argue that violence is by definition a negative development. It is equally astonishing that anyone would believe it.

In a revolution, one set of elites gets supplanted by another. There has never been a nonviolent revolution.

Never.

Gandhi was nonviolent. But his allies did resort to violence on numerous occasions. And India wasn’t a revolution. It was an independence struggle. The rich remained rich; the poor stayed poor. Conversely, there has never been a revolution in which violence was the primary tactic. Even the bloodiest revolutions—France, Russia, China—relied more on national strikes, sabotage, marches and demonstrations than shooting people. Revolutions are mostly nonviolent. But violence must always part be of the revolutionist’s toolkit.

Movements move.

Sometimes against the will of many of its members, the nascent Occupy movement is being propelled forward into its second phase: increasingly direct confrontation with the security apparatus of the American police state. The consideration of violence as a tactic is the inevitable result of Occupy’s own internal logic, resulting from a combination of its timing—at a time when revolution is needed and desired by millions of Americans, it’s the only insurrection in town—and its leaderless structure.

Never in history have the wealthy or powerful voluntarily relinquished substantial amounts of money or power. The corporate elite and the political class that enables them—the “1%,” as Occupy calls them—will never give into the Occupier’s demands to reduce their power or wealth unless faced with violence or the credible threat thereof.

As Peter Gelderloos writes in his book How Nonviolence Protects the State: “Time and again, people struggling not for some token reform but for complete liberation—the reclamation of control over our own lives and the power to negotiate our own relationships with the people and the world around us—will find that nonviolence does not work, that we face a self-perpetuating power structure that is immune to appeals to conscience and strong enough to plow over the disobedient and uncooperative.”

If voting or writing letters to the editor worked, we wouldn’t need Occupations.

The Occupy movement can wind up in one of two ways:

Failure.

Or success, partly via the occasional use of violence and/or the credible threat of violence that results from those sporadic outbursts.

First let’s define terms. Vandalism, theft and destruction of property are not violence. Inanimate objects do not suffer. Violence can only be inflicted upon living beings. Breaking a window may or may not be morally justified, but it is never violence. Further, violent self-defense is not the same as violence. Until now the violence at the Occupations has all been initiated by the police. When policemen fire rubber bullets, bean bags, tear gas and pepper spray at unarmed, peaceful protesters, their victims have every right to defend themselves—to run away, to avoid arrest and yes, to strike back.

Every civilized society recognizes the right to self-defense.

Perhaps because they were retroactively spooked by the bombings, bank robberies and kidnappings that marked the disintegration of the Vietnam protest movement, throughout the last 40 years American leftists have adhered to a strict code of militant nonviolence. Abandoning the tactics of disruption and non-cooperation (both of which were central to Gandhi’s approach), demonstrators’ ridiculous cooperation with government authorities reduced progressivism to farce.

Marchers apply for permits on public streets. Organizers give the police pre-printed lists, last name first, of activists who volunteer to be arrested; they are quickly booked and released, rarely less than $100 poorer. It is theater, a mere pantomime of genuine protest.

And it never works. You need only look back at the political history of the United States between 1971 and 2011 to see what 100% nonviolence has accomplished. Even under Democratic presidents and Congressional majorities, the Left has lost one battle after another.

The Left’s only major victory during that period followed the 1999 Battle of Seattle. Riots and broken windows disrupted the World Trade Organization for years. Countless American jobs were saved as a result. Yet liberals were ashamed.

Violence! How terrible!

Not as terrible as the wars and the massive unemployment, apparently.

At the core of the cowardice of protests carried out by establishment liberals has been slavish adherence to nonviolence at all cost. At most protests over the past few decades self-appointed “peace police” patrol the edges of crowds penned into “free speech zones” (which are inevitably placed out of the way, far from cameras). The peace police don’t lift a finger to protect demonstrators against police brutality. Instead, they act to prevent protesters from doing anything to “provoke” the cops, even when they are trying to protect themselves from brutality.

What makes the Occupy movement different and so compelling is that it moves beyond going-through-the-motions toward real resistance against tyranny for the first time since the 1960s. Seizing territory without a permit and refusing to relinquish it, as has happened at Occupy Wall Street and hundreds of other cities, presents an inherent threat to the system. The authorities can’t win no matter what they do.

They can’t do nothing. Tolerance signals legitimacy, even tacit approval of OWS and their message that rich individuals and big corporations have too much wealth and control over us. Can’t have that. Rupert Murdoch’s house organ, the New York Post, ran a front-page editorial on November 3rd screaming: “Enough!”

But crackdowns make the movement grow even bigger. A video of a NYPD official pepper-spraying four women at OWS without provocation inflamed public opinion and drew more people to Manhattan’s Zuccotti Park. An announced plan to evict OWS was scrapped after hundreds of people traveled there to gird for battle.

Speaking for New York’s business community as well as Murdoch, the Post editorialized: “Time’s up. The Zuccotti Park vagabonds have had their say—and trashed lower Manhattan—for long enough. They need to go. Be it voluntarily—by packing their tents and heading off in an orderly fashion. Or by having the NYPD step in—and evict them.” They blame OWSers for urinating outside. Which merely reminds New Yorkers how unresponsive their government is: there are no public restrooms in Manhattan.

You can smell the fear along with the pee.

Meanwhile, as politicians feel more pressure to crack heads, Occupations will have to move indoors. Freezing temperatures have arrived in New York and much of the country. Tensions will rise. As clashes with the authorities intensify, the ridiculous fetish of nonviolence—a faith-based tactic with no more basis in historical fact or reality than creationism—will be forgotten and, one day soon, laughed at.

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL

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