On Oct.7 , 2023, Hamas, backed by the Iranian terrorist regime, invaded Israel, brutally murdered over 1,400 Israelis, Americans and others, maimed over 4,000 and committed horrendous atrocities.
Hamas also kidnapped, viciously abused and held hostage over 200 Israelis, Americans and others, including women and children.
President Biden unequivocally denounced Hamas’ attack on Israel: "Terrorism is never justified. Israel has a right to defend itself and its people, full stop."
The president also noted the evil atrocities perpetrated by Hamas, including the "Hostages whom Hamas is now threatening to execute, in violation of every code of human morality. It’s abhorrent."
He declared, "There is no justification for terrorism. There’s no excuse," noting Hamas’ "stated purpose is the annihilation of the State of Israel and the murder of Jewish people.
"They use Palestinian civilians as human shields. Hamas offers nothing but terror and bloodshed, with no regard to who pays the price."
Biden recognized "Israel has the right . . . indeed has a duty to respond, to these vicious attacks." He counseled the response should "be swift, decisive and overwhelming."
He declared, "We now know that American citizens are among those being held by Hamas" and "statements from members of Congress calling for a ceasefire in Israel instead of issuing their full support for the country, following the surprise attack by Hamas, are 'wrong' and 'disgraceful'."
Press secretary Karine Jean-Pierre (KJP), when asked about statements by the few anti-Israel members of Congress who didn’t back the administration’s call for support for Israel, responded, "We believe they’re wrong. We believe they’re repugnant and we believe they’re disgraceful. . .
"Our condemnation belongs squarely with terrorists who have brutally murdered, raped, kidnapped, hundreds, hundreds of Israelis."
She then added: "There can be no equivocation about that. There are not two sides here."
Rep. Rashida Tlaib, D-Mich., one of those few alluded to by KJP, even tried to justify Hamas’ war crimes by speciously invoking the provocative term "occupation" to foster a false and explosive image of Israel, as a so-called occupier, an absurd and immoral canard. Gaza is not occupied by Israel as a matter of law or fact.
The foundational definition of the term occupation under International Law is embodied in the Hague Convention.
It provides that a territory is only considered occupied when it is actually placed under the authority of a hostile army. As a threshold matter, the military forces of the conquered territory must have surrendered, been defeated or withdrawn.
It also requires 1.) A military presence in the occupied territory; and 2.) Exercising governmental authority over the area conquered, to the exclusion of the established civil government.
Unless all of these criteria are satisfied, there is no occupation, as a matter of law.
Merely having the potential to invade and control a territory, not coupled with an actual presence and effective control, is insufficient.
Israel conquered Gaza from Egypt in the 1967 defensive war and administered it until governmental authority was transferred to the Palestinian Authority (PA), in 1994, under the Gaza-Jericho Agreement.
It entirely withdrew from Gaza, including removing any military presence and all Israeli residents, in September of 2005.
Under the Oslo II Agreement and 2005 Disengagement Agreement, Israel obtained certain rights to patrol Gaza’s coastal waters and air space, which do not constitute effective governmental control over Gaza.
This was intended to enable Israel to interdict illegal weapons deliveries to Gaza, which are expressly prohibited under these Agreements.
In reflecting on theses circumstances in 2008, the Supreme Court of Israel, in the Al-Bassiouni case, held that there was no occupation by Israel of Gaza, under International Law.
The European Court of Human Rights, in 2015, ruled control of the airspace above a territory and the adjacent sea was insufficient to constitute an occupation under International Law. As the Court noted, an occupation is inconceivable without "boots on the ground."
Hamas is a terrorist organization, with the avowed goal, enshrined in its Charter, of destroying Israel. It also espouses antisemitic and genocidal doctrines directed against the Jews. Peace should have been achieved when Israel fully withdrew from Gaza, in 2005.
As the wise Charles Krauthammer once wrote " . . . Israel evacuated Gaza completely. It declared the border between Israel and Gaza an international frontier. Gaza became the first independent Palestinian territory in history.
"Yet Gazans continued the war . . . Why? Because occupation was a mere excuse to persuade gullible and historically ignorant Westerners to support the Arab cause against Israel.
"The issue is, and has always been, Israel’s existence. That is what is at stake."
Instead of choosing peace, Hamas, a U.S. designated foreign terrorist organization, backed by the Iranian regime, has chosen to wage a ruthless unprovoked offensive war against Israel and its war aim is nothing less than the destruction of Israel.
Israel must continue to be unequivocally supported in its efforts to root out the evil that is Hamas. Israel has the sovereign right and duty to protect its citizens.
May Israel and the IDF success be granted success in their sacred mission.
Leonard Grunstein, a retired attorney and banker, founded and served as Chairman of Metropolitan National Bank and then Israel Discount Bank of NY. He also founded Project Ezrah and serves on the Board of Revel at Yeshiva University and the AIPAC National Council. He has published articles in the Banking Law Journal, Real Estate Finance Journal, and other fine publications. To read more of his reports — Click Here Now.
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