Who is right? International law does not consist of moral precepts that you or I might like. It consists of rules that states have agreed to, typically for self-interested reasons. A major theme of international law is that states have rights and privileges, while non-state entities like Gaza or Hamas do not. So while Israel can cite a right to self-defense, Hamas cannot. Many states (probably most) regard Hamas’ missile attacks as terrorism, and terrorism as an international crime. But a large group of states—mainly Islamic and Arab—deny that the use of violence by populations that seek liberation from a foreign oppressor violates international law. Remember that many countries owe their independence to anti-colonial insurgencies that used violence against civilians. Various attempts to conclude treaties criminalizing international terrorism have foundered over this dispute about the rights of “national liberation movements.”
Is Israel or Hamas breaking international law in Gaza?
Current Status: Published (4)
Seeded on Wed Nov 28, 2012 6:30 AM

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