Measuring Israel by the Just-War Yardstick: The Case for a Just War is a No-go Theorem
To find out just how unjust Israel has been, we must look at each criterion and the evidence from my scholarship examining some 20 conflicts.
The standard elements used in assessing whether a war is just are just cause, right intent, legitimate authority, net benefit or likelihood of success, last resort, proportionality of means and noncombatant distinction. Ideally a state should meet all of the criteria, but the case for a just war can still be made even if a few of the benchmarks are weak.
While applying these standards to Israel is ultimately a theoretical exercise, a perception that it falls short could have major practical effects, potentially damaging Israel’s diplomatic standing and trade and the world economy while strengthening support for its enemies. Israel does not recognize its jurisdiction in the International Criminal Court so a trial would have to be held at the court in The Hague, though it could be held in any of the countries that have adopted universal jurisdiction to prosecute war crimes.
The Israeli government has legitimate authority. The Israeli government was elected by the people and not by a right-wing coalition.
What is the Threat of the Second World War? Mr. Netanyahu and the Defense of Hamas in the Near-French Sea, and What it Can Do
The criterion of net benefit, weighing the gain against the harm, would include the potential gain of removing Hamas from power or at least neutralizing its capacity to attack Israel in the short term. The war may provide new opportunities for the Palestinians, and eventually free and fair elections. The hostages held by Hamas might be saved by Israel. However, the enormous loss of Palestinian lives will most likely create intergenerational rage against Israel and catalyze recruitment for extremist groups. Even if Hamas is effectively disarmed and loses control of Gaza, more extremist groups are likely to spring up.
Further, there is a great risk of a wider war, with fire already being exchanged over Israel’s borders with Lebanon and Syria, and escalating violence in the West Bank. Damage to Israel’s foreign relations is also likely: the suspension of peace talks with Saudi Arabia and possible withdrawals from the Abraham Accords, which Israel recently signed with certain Arab states with the goal of normalizing relations.
Israel has been vague on who might administer Gaza if and when Hamas is ousted, even as it comes under increasing international criticism for the humanitarian crisis and spiraling death toll from its airstrikes and subsequent ground invasion of the enclave. Gazan health officials say more than 11,000 people have died in the last six weeks.
Mr. Netanyahu told NBC that he needed to see two things. “Gaza has to be demilitarized and Gaza has to be de-radicalized. And I think so far, we haven’t seen any Palestinian force, including the Palestinian Authority, that is able to do it.”
The war was prompted by a cross-border assault by Hamas on Oct. 7 in which an estimated 1,200 people were killed and about 240 more were taken as hostages to Gaza, according to Israeli officials. Israel’s stated goals for the war are to dismantle Hamas’s military strength and ability to rule Gaza, as well as to bring the hostages back home.
When asked if there was a potential deal, Mr. Netanyahu said that it could be, but added that the less he said about it, the more likely it would be. Israel has been in talks with Saudi Arabia and some other countries.
The lack of condemnation and the teaching of hatred to children by the Israeli government are just two of the accusations made by Mr. Netanyahu against the Palestinians.
The Oct. 7 massacre proved that terrorism has a foothold in Israel and it needs security control, according to Netanyahu. “In the end it comes back to hit us, and that is also true of Judea and Samaria,” he added, referring to the West Bank by its biblical names.
Mr. Abu Rudeineh believes that stability will only be achieved with an end to the Israeli occupation and establishment of a Palestinian state in those areas.
The view in the Israeli government is that so long as Mr. Abbas has not directly condemned Hamas for the Oct. 7 attacks, any agreement to install his authority in Gaza as a replacement for the group would make Mr. Netanyahu look weak in the eyes of many Israelis, according to an Israeli government official who was not authorized to speak openly about internal discussions.