Israel’s Argument It has, “The Right to Defend Itself “ Is False Propaganda, Levied Pretextually to Justify Genocide.
Under the clear, unambiguous International Law, Israel did NOT have the legal right to self- defense after the October 7th Massacre because at the time, it was the occupying force in control of Gaza. As a non-expert on International Law, I was able to glean the following summary of International legal duties of any good-faith government, within 10 minutes of research. It makes me wonder why Western politicians (many of which are lawyers) & journalists & the UN , feign ignorance of these very clear uncontroverted legal principles? Why is the UN taking so long to issue a warrant for Netinyahu’s arrest when it is so obvious that he has been committing war crimes and inciting a regional war? Stealing land from numerous countries in the Middle East by pretextually starting wars so he can later acquire land as his, “spoils of war?” Achieving his zealot objectives of a “Greater (larger) Israel?”
An occupying country, Israel does not have the right to self-defense against the country being occupied under international law (I.e., Palestine). The concept of self-defense, as outlined in Article 51 of the United Nations Charter, applies to states responding to armed attacks from OTHER states, NOT to actions within territories they occupy. Part of the laws of armed conflict, prohibits an occupying power from justifying military force as self-defense within the occupied territory. Instead, the occupying power is responsible for maintaining order and protecting the population under its control, using police powers rather than military force. Israel has been undisputedly the occupying force in all of Palestine, Gaza & The West Bank, since 1967. Gaza’s status as an “Occupied Territory,” which occupation was only intended to be temporary, is often used by Israel to justify its Apartheid rule over Palestinians. Israel had almost complete control of Gaza . Under the law of Occupation, Israel was prohibited from taking military action within Gaza, even for alleged self-defense, an argument that is frequently made disingenuously to justify Israel‘s revenge slaughter of civilians in the Gaza Genocide from October 7th till today. Moreover , the law of proportionality in war is a key principle of International Humanitarian Law (IHL). This law requires that the anticipated incidental harm to civilians and civilian property during an attack must NOT be excessive in relation to the concrete and direct military advantage expected from the attack. This principle aims to balance military necessity with humanitarian considerations, ensuring that military operations do not cause unnecessary suffering or excessive damage to civilians. This again, is International Law that is flagrantly being ignored by Israel to punish the Palestinians civilians for the October 7th Massacre by Hamas.
By constantly repeating this incorrect legal standard of Israel’s “Right to defend itself, “ and repeatedly ignoring the extreme obvious lack of proportionality of Israel’s non-existent right in its brutal response, western journalists & politicians are actually encouraging Israel bad faith “war” on Gaza. The law of proportionality applies specifically when attacking legitimate military targets, mandating that commanders assess and minimize collateral damage. Violations of this principle can constitute war crimes if the harm to civilians is deemed manifestly disproportionate to the military gain. Military commanders determine if civilian casualties are proportionate to the military advantage by conducting a proportionality assessment, which involves weighing the anticipated incidental harm to civilians and civilian property against the expected concrete and direct military advantage of an attack. This assessment requires a “reasonable commander” standard, where the decision is based on whether another reasonable commander, with the same information, would make a similar judgment. Commanders must take all feasible precautions to minimize civilian harm and ensure that any collateral damage is not excessive in relation to the military gain. This process involves evaluating target information, selecting appropriate weapons, and considering timing and tactics to mitigate risks to civilians. It is apparent to even a casual observer that Israel has taken no precautions to minimize civilian harm or property damage . By demolishing 80% of the civilian infrastructure and killing 43,000 people in Gaza, a plausible argument can be made that Israel is actually trying to increase civilian suffering as much as possible in Gaza. Nonetheless, the core principle remains consistent: minimizing civilian harm relative to military objectives. Here, Israel has actually not even stated any military objectives to justify its military actions against civilians so its actions are doubly indefensible.
There is something about Gaza that elicits an immediate extreme sense of outrage in many people. I could never quite put my finger on it. The US has killed millions of more civilians in all its wars all over the world for decades without eliciting the kind of protests and public outcry we are seeing all over the world about Gaza. Genocides have occurred and are currently occurring elsewhere. Entire peoples have been exterminated. What is it about Gaza that makes it so distinctive so as to draw the world’s attention and outrage ?
The only way I can explain it is, the obvious overwhelming barbarism and unequal strength between the parties. Israel is flagrantly abusing its power over a captive civilian population to slaughter an entire civilian population and infrastructure before our eyes. Civilians & children are unable to escape Israel’s non- stop viscous slaughter. The most advanced weapons, like 2,000 lbs bombs, which can take out an entire city block, are being freely used on a defenseless civilian population which is being forced to remain in Israel’s man-made outdoor prison which is Gaza. Civilian structures like schools, hospitals, churches, orphanages, cemeteries & refugee tent camps are being targeted.
Because Gaza is an occupied territory, it is almost completely under Israel’s total control. Things which ordinary citizens have a right to expect for the their survival like food, water& electricity can & have been almost entirely shut off callously by Israel to cause as much human suffering as possible. These war crimes are being broadcast to anyone who bothers to notice, in the entire planet, daily, for a year.
While it commits this human carnage over its captive occupied people in Palestine, with its gifted overwhelming military might, Israel baldly lies to the world to justify its Genocide as “self-defense” and glosses over the lack of proportionality of its response. It uses the Gaza genocide as a distraction, while it also increases the rate in which it slaughters Palestinians in the West Bank & steals Palestinian land through its illegal settlements, to a 20 year high. It censures the press world- wide and excludes it from witnessing the horrors it is committing. Individuals who dare to speak out about this atrocity are falsely labeled “antisemitic “ to silence them and are fired from their jobs or otherwise punished for pointing out the obvious Genocide. Western politicians have overwhelmingly been bought off through campaign bribery/ donations to blindly support, arm & defend Israel and all costs.
Israel can extend its war on Gaza to the entire Middle East freely with the military and diplomatic support of the West. Continuing its brutal carnage everywhere and potentially starting WWIII, unchecked, as it preposterously argues it is just “escalating to de-escalate.” And if you believe that farce along with Israel’s “right to defend itself ,” I have a bridge I would like to sell you in Brookyn… because you will buy anything.


Sadi. Thank you for your, as usual, well investigated analysis re Israel’s genocidal war on Gaza/Palestine. And also I think you were pointing out that it is the USA government’s war. Biden continues to this day to send money and weapons of destruction to the Netanyahu regime. Biden has not listened at all to the Progressive Democrats, which may lead to the horrific Donald Trump regime coming back in power due to the huge number of “uncommitted” mainly young voters.
November is around the corner.
Onward
Linda Snider
Because they are heartless racist warmongers & Netinyahu is sabotaging any ceasefire deals so he can keep killing Arabs all over the Middle East. And If the Arab leaders can’t control Hamas, Israel could always resume slaughtering all around and arabs then. Why not give peace a chance? Netinyahu is obviously doing his ethnic cleansing of Gaza as a transparent land grab like he’s doing all over the West Bank & Middle East. The Israeli’s have TOLD us of their vision of a “Greater (larger) Israel” and belief that all of Palestine is theirs- as their God Given Right. They are currently fighting their fanatical holy war to gain more land. Why else do you think they are selling plots of Gazan land in synagogues? They have TOLD us they will never accept a 2 - state solution. They have TOLD us Palestinians are animals who they will & have starve, deprive of water & food. They have shown their intent to destroy Gazan’s by destroying 80% of all civilian infrastructure and killing 43,000 people (probably more like 100,00) if you count the missing & under rubble so far. The Israel is a cruel supremacy racist Apartheid state trying to show how mighty they are to keep the “savages “ under their control & to instill fear all over the Middle East ( this is more than Gaza in case you haven’t noticed). We are NOT the good guys here.