|
Trending Topics
|
Source: https://jcpa.org/article/the-war-in-gaza-can-contemporary-international-law-cope-with-todays-terror/
Can Contemporary International Law Cope with Today's Terror?
(Jerusalem Center for Public Affairs) Amb. Alan Baker - The war between Israel, Hamas, and other terror organizations has heightened the awareness of the question of whether today's international law is capable of addressing armed conflict between a state and terror organizations. How is a sovereign state, obligated by the conventional rules of international humanitarian law and the laws of armed conflict, expected to engage in asymmetrical war with terror organizations that distinctly, and by definition, do not consider themselves bound by such rules? The international community lacks practical and legal means, as well as the basic desire and capability, of obliging such terror groups to abide by the rules. It is questionable whether the law of armed conflict as it exists today is capable of providing legal as well as operative answers to the practical issues arising out of today's struggle against terror. In light of the biased and partisan reaction of the international community and its automatic accusations against Israel of committing war crimes and even genocide, it is high time that responsible states come to terms with the fact that modern-day terror undermines and abuses accepted humanitarian norms and standards. This must be dealt with both militarily and legally. The writer, Director of the Institute for Diplomatic Affairs at the Jerusalem Center, served as Legal Adviser and Deputy Director-General of Israel's Ministry of Foreign Affairs.