The Right to Defend

By Alan M. Dershowitz

FrontPageMagazine.com Monday, January 05, 2009

Israel’s military actions in Gaza are entirely justified under international law, and Israel should be commended for its act of self-defense against international terrorism. Article 51 of the United Nations Charter reserves to every nation the right to engage in self-defense against armed attacks. The only limitation international law places on a democracy is that its actions must satisfy the principle of proportionality. Israel’s actions certainly satisfy that principles.

When Barack Obama visited the city of Sderot this summer, he saw the same things that I had seen during my visit on March 20 of this year. Over the last four years, Palestinian terrorists—in particular, Hamas and Islamic Jihad—have fired more than two thousand rockets at this civilian area, which is home to mostly poor and working-class people. The rockets are designed exclusively to maximize civilian deaths, and some have barely missed schoolyards, kindergartens, hospitals, and school buses. But others hit their targets, killing more than a dozen civilians since 2001, including in February 2008 a father of four who had been studying at the local university. These anticivilian rockets have also injured and traumatized countless children.

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