Moral Clarity in Gaza
By Charles Krauthammer
http://www.washingtonpost.com/wp-dyn/content/article/2009/01/01/AR2009010101780.html?nav=rss_opinion/columns

Late Saturday, thousands of Gazans received Arabic-language cell-phone messages from the Israeli military, urging them to leave homes where militants might have stashed weapons.

-- Associated Press, Dec. 27

Some geopolitical conflicts are morally complicated. The Israel-Gaza war is not. It possesses a moral clarity not only rare but excruciating.

Israel is so scrupulous about civilian life that, risking the element of surprise, it contacts enemy noncombatants in advance to warn them of approaching danger. Hamas, which started this conflict with unrelenting rocket and mortar attacks on unarmed Israelis -- 6,464 launched from Gaza in the past three years -- deliberately places its weapons in and near the homes of its own people.

This has two purposes. First, counting on the moral scrupulousness of Israel, Hamas figures civilian proximity might help protect at least part of its arsenal. Second, knowing that Israelis have new precision weapons that may allow them to attack nonetheless, Hamas hopes that inevitable collateral damage -- or, if it is really fortunate, an errant Israeli bomb -- will kill large numbers of its own people for which, of course, the world will blame Israel.

For Hamas, the only thing more prized than dead Jews are dead Palestinians. The religion of Jew-murder and self-martyrdom is ubiquitous. And deeply perverse, such as the Hamas TV children's program in which an adorable live-action Palestinian Mickey Mouse is beaten to death by an Israeli (then replaced by his more militant cousin, Nahoul the Bee, who vows to continue on Mickey's path to martyrdom).

At war today in Gaza, one combatant is committed to causing the most civilian pain and suffering on both sides. The other combatant is committed to saving as many lives as possible -- also on both sides. It's a recurring theme. Israel gave similar warnings to Southern Lebanese villagers before attacking Hezbollah in the Lebanon war of 2006. The Israelis did this knowing it would lose for them the element of surprise and cost the lives of their own soldiers.

That is the asymmetry of means between Hamas and Israel. But there is equal clarity regarding the asymmetry of ends. Israel has but a single objective in Gaza -- peace: the calm, open, normal relations it offered Gaza when it withdrew in 2005. Doing something never done by the Turkish, British, Egyptian and Jordanian rulers of Palestine, the Israelis gave the Palestinians their first sovereign territory ever in Gaza.

What ensued? This is not ancient history. Did the Palestinians begin building the state that is supposedly their great national aim? No. No roads, no industry, no courts, no civil society at all. The flourishing greenhouses that Israel left behind for the Palestinians were destroyed and abandoned. Instead, Gaza's Iranian-sponsored rulers have devoted all their resources to turning it into a terror base -- importing weapons, training terrorists, building tunnels with which to kidnap Israelis on the other side. And of course firing rockets unceasingly.

The grievance? It cannot be occupation, military control or settlers. They were all removed in September 2005. There's only one grievance and Hamas is open about it. Israel's very existence.

Nor does Hamas conceal its strategy. Provoke conflict. Wait for the inevitable civilian casualties. Bring down the world's opprobrium on Israel. Force it into an untenable cease-fire -- exactly as happened in Lebanon. Then, as in Lebanon, rearm, rebuild and mobilize for the next round. Perpetual war. Since its raison d'etre is the eradication of Israel, there are only two possible outcomes: the defeat of Hamas or the extinction of Israel.

Israel's only response is to try to do what it failed to do after the Gaza withdrawal. The unpardonable strategic error of its architect, Ariel Sharon, was not the withdrawal itself but the failure to immediately establish a deterrence regime under which no violence would be tolerated after the removal of any and all Israeli presence -- the ostensible justification for previous Palestinian attacks. Instead, Israel allowed unceasing rocket fire, implicitly acquiescing to a state of active war and indiscriminate terror.

Hamas's rejection of an extension of its often-violated six-month cease-fire (during which the rockets never stopped, just were less frequent) gave Israel a rare opportunity to establish the norm it should have insisted upon three years ago: no rockets, no mortar fire, no kidnapping, no acts of war. As the U.S. government has officially stated: a sustainable and enduring cease-fire. If this fighting ends with anything less than that, Israel will have lost yet another war. The question is whether Israel still retains the nerve -- and the moral self-assurance -- to win.


Israel's Policy Is Perfectly 'Proportionate'
Hamas are the real war criminals in this conflict
By Alan M. Dershowitz
http://online.wsj.com/article/SB123085925621747981.html?mod=rss_opinion_main

Israel's actions in Gaza are justified under international law, and Israel should be commended for its self-defense against 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.

Since Israel ended its occupation of Gaza, Hamas has fired thousands of rockets designed to kill civilians into southern Israel. The residents of Sderot -- which have borne the brunt of the attacks -- have approximately 15 seconds from launch time to run into a shelter. Although deliberately targeting civilians is a war crime, terrorists firing at Sderot are so proud of their actions that they sign their weapons.

When Barack Obama visited Sderot this summer and saw the remnants of these rockets, he reacted by saying that if his two daughters were exposed to rocket attacks in their home, he would do everything in his power to stop such attacks. He understands how the terrorists exploit the morality of democracies.

In a recent incident related to me by the former head of the Israeli air force, Israeli intelligence learned that a family's house in Gaza was being used to manufacture rockets. The Israeli military gave the residents 30 minutes to leave. Instead, the owner called Hamas, which sent mothers carrying babies to the house.

Hamas knew that Israel would never fire at a home with civilians in it. They also knew that if Israeli authorities did not learn there were civilians in the house and fired on it, Hamas would win a public relations victory by displaying the dead. Israel held its fire. The Hamas rockets that were protected by the human shields were then used against Israeli civilians.

These despicable tactics -- targeting Israeli civilians while hiding behind Palestinian civilians -- can only work against moral democracies that care deeply about minimizing civilian casualties. They never work against amoral nations such as Russia, whose military has few inhibitions against killing civilians among whom enemy combatants are hiding.

The claim that Israel has violated the principle of proportionality -- by killing more Hamas terrorists than the number of Israeli civilians killed by Hamas rockets -- is absurd. First, there is no legal equivalence between the deliberate killing of innocent civilians and the deliberate killings of Hamas combatants. Under the laws of war, any number of combatants can be killed to prevent the killing of even one innocent civilian.

Second, proportionality is not measured by the number of civilians actually killed, but rather by the risk posed. This is illustrated by what happened on Tuesday, when a Hamas rocket hit a kindergarten in Beer Sheva, though no students were there at the time. Under international law, Israel is not required to allow Hamas to play Russian roulette with its children's lives.

While Israel installs warning systems and builds shelters, Hamas refuses to do so, precisely because it wants to maximize the number of Palestinian civilians inadvertently killed by Israel's military actions. Hamas knows from experience that even a small number of innocent Palestinian civilians killed inadvertently will result in bitter condemnation of Israel by many in the international community.

Israel understands this as well. It goes to enormous lengths to reduce the number of civilian casualties -- even to the point of foregoing legitimate targets that are too close to civilians.

Until the world recognizes that Hamas is committing three war crimes -- targeting Israeli civilians, using Palestinian civilians as human shields, and seeking the destruction of a member state of the United Nations -- and that Israel is acting in self-defense and out of military necessity, the conflict will continue.

Mr. Dershowitz is a law professor at Harvard. His latest book is "The Case Against Israel's Enemies" (Wiley, 2008).