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Everyone acknowledges Israel’s right of self-defense. How could they do otherwise. It is in the UN Charter. Article 51 provides:
Thus this right can only be relied upon and acted upon until such time as “the Security Council has taken measures necessary to maintain international peace and security”. Such measures take the form of resolutions. But surely as long as such measures are intended to maintain peace and security, it matters not whether they have succeeded. And if they haven’t succeeded then surely the right of self defense may still be resorted to.
Secondly, the right of self-defense does not prevent the SC from acting to maintain or restore peace and security. Obviously the SC could deem it necessary to oppose actions taken in self-defense if it deems such acts are detrimental to peace and security. So much for the right of self-defense.
Thus if Hamas stops shooting, there is no need for Israel to act in self-defense. Not exactly. Israel has the right to prevent Hamas from acquiring threatening weapons regardless if Hamas has stopped shooting.
The Report of the Secretary-General’s Panel of Inquiry on the 31 May 2010 Flotilla Incident found:
Since it is “a legitimate security matter” to prevent weapons from entering Gaza, isn’t it such a legitimate security measure to seek out and destroy the weapons that have gotten through? I think so.
Whenever the Arabs want a ceasefire due to the fact that they are losing the war, they simply ask the SC for a ceasefire resolution and once obtained, Israel must stop fighting. She is thereby denied the fruits of victory. This is the way it has always been.
But this scenario does not prevent Israel from maintaining the blockade. Israel could rightfully argue that, ceasefire or not, she has the right to seek out and destroy the weapons which they currently have.
Though Israel has vacated Gaza, the international community still considers it an occupier of Gaza. As such Israel should have the right to reassert control and seek out the terrorists and their weapons out much in the same way she went back into Judea and Samaria after Intifada II.
It is wrong to define such actions as an “invasion”. Gaza is not a sovereign territory. According to the UN it is an occupied territory. Occupation law entitles Israel to maintain peace and security. In fact it imposes a duty to do so.
Original piece is http://www.israpundit.com/archives/50892