White Paper: International Law, Terrorism, and the Legitimacy of Israel’s Actions in Gaza and the West Bank
The white paper titled "International Law, Terrorism, and the Legitimacy of Israel’s Actions in Gaza and the West Bank" is an incisive analysis that meticulously dissects the legal foundations underpinning Israel’s military operations in one of the world’s most contested regions. In an era where the term "international law" is wielded as both a sword and a shield, this paper powerfully asserts that Israel’s actions, far from being extralegal or excessive, are firmly rooted in the enduring principles of self-defence and international humanitarian law.
At the heart of this argument lies a clear thesis: Israel’s right to defend itself against existential threats is not merely permissible under international law but is an obligation enshrined in the very fabric of legal norms that govern state conduct in times of conflict. Article 51 of the UN Charter, which enshrines the right of self-defence, is not an abstract concept but a vital legal lifeline for nations under siege. For Israel, a state surrounded by adversaries openly committed to its destruction, this right is not just theoretical but a matter of survival.
This white paper does not shy away from confronting the harsh realities of modern warfare, particularly the asymmetric nature of the conflict in Gaza and the West Bank. It scrutinises the frequent allegations made against Israel concerning civilian casualties, placing these within the context of a conflict where Hamas has turned the use of civilians as human shields into a deliberate strategy of war. The paper rightly points out that while every civilian death is a tragedy, the international community’s failure to hold Hamas accountable for its cynical tactics is both hypocritical and dangerous.
The analysis also tackles the glaring inconsistencies in international law, particularly the lack of a universal definition of terrorism. This absence has allowed a pernicious relativism to take hold, where acts of terror are reframed as resistance, and Israel’s legitimate defensive measures are recast as acts of aggression. This observation becomes especially critical when compared to the responses of other states to international terrorism. The paper argues that this selective application of international law not only undermines Israel’s security but also emboldens terrorist organisations who exploit these legal ambiguities to further their aims.
Furthermore, the white paper delves into the complexities of jurisdictional issues in prosecuting transnational terrorism and the ever-present tension between ensuring security and safeguarding human rights. It presents a compelling case that Israel’s actions, when viewed through the correct legal lens, are not only justified but are a necessary part of the global fight against terrorism—a fight that Western democracies must recognise as their own.
In its conclusion, the paper issues a stark warning: The international community’s reluctance to acknowledge Israel’s legal and moral right to defend itself may well set a dangerous precedent. By undermining Israel’s position, Western nations may unwittingly weaken their own ability to respond to similar threats, as the same legal standards they seek to impose on Israel could one day be used to hamstring their efforts to protect their citizens.
This foreword, therefore, serves not merely as an introduction but as a call to re-examine the double standards that have long plagued the discourse around Israel and international law. As the white paper prepares for publication, it offers policymakers, legal scholars, and the informed public a crucial perspective on why Israel’s actions must be seen as not just defensible, but as essential to the preservation of the rule of law in an increasingly lawless world.
Catherine Perez-Shakdam - Executive Director We Believe In Israel