Wednesday, June 5, 2024

Hanson, Sullivan, Rufo, Editorial Board, Rivkin and Casey.

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By Kurt Schlichter

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The Destructive Generation—Proving America’s Weakest Link  

By Victor Davis Hanson

Posted By Ruth King


https://victorhanson.com/the-destructive-generation-proving-americas-weakest-link/


Governor Ronald Reagan, in his 1967 inaugural address, famously remarked, “Freedom is a fragile thing and it’s never more than one generation away from extinction.”


Reagan today might have expanded on his theme by declaring that civilization itself is both fragile and can lost by a generation that recklessly spends its inheritance while neither appreciating nor replenishing it—if not ridiculing those who sacrificed so much to provide it.


Such is the noxious epitaph of the Baby Boomer generation that is now passing after a half-century of preeminence and whose Jacobin agendas have nearly wrecked the nation they inherited.


In contrast to them, eighty years ago this week, the Allied powers of World War II—chiefly the United States, the United Kingdom, and Canada—landed on five Normandy beaches to begin what Gen. Dwight Eisenhower, supreme commander of the Allied expeditionary forces, would call the great “crusade” to liberate Western Europe from four years of brutal Nazi occupation.


The plan was to land within a few hours and in stormy weather well over 150,000 Americans, British, and Canadians on the Atlantic Coast beaches of France, where they were to charge directly into the fire of tens of thousands of enemy troops. They were to charge uphill in the sand while being fired upon by entrenched German troops occupying the hills above. From there, the beachhead was to serve as the launching pad for two million more troops, who were to somehow drive eastward through France and into Germany to end the war and the devastation the Third Reich had inflicted on the world.


All that was accomplished in the ensuing 11 months. That can-do American generation assumed that impoverished teenagers emerging from the Great Depression, with equipment often inferior to their seasoned German enemies, would, over the ensuing months, surely prove able to route Waffen SS veterans. Many of them were hastily transferred from the murderous Eastern Front, such as the nihilist 2nd SS Panzer Division das Reich (“The Empire”). No matter, the Americans did the impossible in less than a year—from the Normandy beaches to well across the Rhine River.


That same generation went on to save South Korea, build an anti-totalitarian world order, defeat Soviet communism, and pass on to the Baby Boomer generation the strongest economy, military, and political system in history, or, to paraphrase the poet Horace, “monuments more lasting than bronze.” Or so we, the inheritors, thought.


And what are the now septuagenarian and octogenarian children of the veterans of Omaha Beach and Iwo Jima, leaving as their own legacy?


The self-infatuated and do-your-own-thing generation that gave us the Sixties and the counterculture has left the country $36 trillion in debt, now borrowing $1 trillion nearly every three months. Worse, there is not just no plan to balance budgets, much less to reduce the debt, but also no intention to stop or even worry about the borrowing of some $10 billion a day.


The U.S. military is almost unrecognizable to that of just a few decades ago. It was humiliated in Kabul. In surrealistic fashion, it abandoned some $50 billion in lethal weaponry to the Taliban—along with our NATO allies, American contractors, and loyal Afghans. And our supreme command labeled that rout a brilliant retreat. Meanwhile, the military suffers from depleted inventory of key munitions while being short 45,000 annual recruits.


The Pentagon is torn by internal dissension over DEI, woke, anti-meritocratic promotions, and a politicized officer class—well, apart from now also being outmanned and outgunned by the Chinese. Many of the world’s key maritime corridors—the Red Sea, the Straits of Hormuz, the Black Sea, and the South China sea—are apparently beyond our navy’s ability to ensure the world safe transit.


For perceived cheap political advantage, the Baby Boomers destroyed the southern border, most recently allowing in nearly 10 million unaudited illegal aliens. With the disappearance of our national sovereignty, so too was lost the once-cherished idea of a melting pot of legal immigrants arriving in America longing to assimilate, to integrate in self-reliant fashion, and to show gratitude for the chance of something far better than what they left.


The country’s major cities are increasingly medieval, with a million homeless camped on fetid streets. Criminals terrorize the law-abiding. They assume their violence will be contextualized away by vacuous “critical legal” or “critical race” or “critical penal” theories. This generation releases violent felons to prey on the weak and sheds hardly a tear as police officers are shot unnoticed at the rate of nearly one a day.


America’s once great universities—such as Harvard, Yale, Princeton, Stanford, and MIT—are now into their fourth year of abolishing much of their prior standards. The youth who sought to wreck them from the outside in the 1960s now succeed in finishing the job as elders on the inside. These bankrupt campuses now adjudicate admissions and hiring by race, tribe and gender and then wonder why their students are entitled, ignorant, and arrogant yet unable to meet the very standards that the universities once insisted were critical to ensuring their preeminence.


Worse, the more elite the campuses, the more they became hotbeds of unapologetic anti-Semitism, gratuitous violence, and hatred for the country’s very institutions that guarantee their own freedom of action and speech. Who taught them and allowed them to think that as they illegally occupied buildings, defaced and defiled monuments, and shouted Jew hatred, they were absurdly entitled to free food deliveries and amnesties?


A rapacious higher education welcomed in profitable anti-American students and billions of dollars in hostile foreign cash from those who mock the laws of their host and feel a covetous America can be bought for 10 cents on the dollar. And as we learned after October 7, they were mostly correct.


Abroad, our nomenklatura opportunistically demonizes a democratic Israel trying to fight a terrorist Hamas that slaughtered 1,200 mostly unarmed citizens at a time of peace in the most grotesque fashion of the 21st century.


Yet our elite cannot distinguish killers from our democratic allies. Hamas deliberately drafted their own citizens to serve as shields to protect the terrorists safely ensconced in the tunnels below—on the sick assurance that Israel would surely try to avoid killing civilian shields whom the cynical Hamas apparat deliberately exposed to protect itself.


America hectors its most loyal ally in a way it does not its chief enemies, communist China and theocratic Iran. Not content with hiding its role in birthing the gain-in-function COVID-19 virus, now with impunity China helps kill 100,000 Americans a year through the export of fentanyl. It sends nearly 30,000 adult males into the US illegally. It relies on the espionage abilities of its students and visitors —and apparently exempt spy balloons—to ensure the People’s Liberation Army’s technological parity with the U.S.


But the greatest baleful legacy of this fading generation is the weaponization of the government against its own perceived American citizen enemies. That bastardization of institutions extends now to the very destruction of the once-hallowed tradition of American jurisprudence.


The degeneration was not just that our government and its political ancillaries cooked up the Russian collusion hoax that warped the 2016 campaign and crippled a presidency—but that, to this day, its unapologetic architects remain smug that they pulled it off and would do it again.


Ditto the efforts of “intelligence authorities” to delude the American people about “Russian disinformation” and the Hunter Biden laptop. The Sixties generation’s new normal is to impeach a president twice, to try him as a private citizen, and to seek to remove him from state ballots.


All that was now characteristic of a generation that learned in the 1960s that if it did not get its way, it would wreck what it could not control. So, it was logical that it sought to pack the court, to end the filibuster, to destroy the Electoral College—and to corrupt the law to achieve political ends. Or as the Sixties generation taught us, “by any means necessary”—an arrogant affirmation of Machiavelli’s dictum that “the ends justify the means.”


Now we are left with a final toxic gift from this generation: the destruction of jurisprudence, a system designed not to easily protect the popular and admired but those often pilloried in the public square, the unorthodox, eccentric, and unliked.


Even Trump’s antagonists know that had Donald Trump been a man of the left, or had he not run again for president, he would never have been charged, much less convicted, of felonies or been punished with nearly a half-billion dollars in legal fees and fines.


We all accept that the charges brought against him by a vindictive and left-wing Letitia James, Alvin Bragg, Fani Willis and Jack Smith—all compromised by either past politicized prosecutorial failures or boasts of getting Trump—have never before been brought against any prior political figure or indeed any average citizen. They were instead invented to target a single political enemy. So what hallowed law, what constitutional norm, what ancient custom, or what Bill or Rights has the fading left not destroyed in order to erase Donald Trump from the political scene?


There is now no distinction between state and federal law. Once a prosecutor targets an enemy, he can flip back and forth between such statutes to find the necessary legal gimmick to destroy his target.


Statutes of limitations are no more as errant prosecutors and political operatives in the legislature can change laws to dredge up supposed crimes of years past, to destroy their political enemies, by employing veritable bills of attainder.


The very notion of an exculpatory hung jury depends on who is to be hung.


Judges can overtly contribute to the political opponents of the accused before them. Their children can profit in the tens of millions by selling to politicos their relationship to the very judge who holds the fate of their political opponents in his hands.


In sum, the First Amendment guaranteeing the right of the defendant to free speech is now not applicable. Asymmetrical gag orders are.


The Fourth Amendment is now torn to shreds by those who boast of “saving democracy.” When the FBI, on orders from a hostile administration, storms into the home of the leading presidential candidate and ex-president’s home, armed to the teeth, treats a civil dispute as a violent felony, and then doctors the evidence it finds, then constitutional insurance against “unreasonable searches and seizures” becomes a bitter joke for generations.


The Fifth Amendment’s protection that no person “shall be deprived of life, liberty, or property, without due process of law” has been destroyed when an ex-president cannot summon expert legal witnesses to testify on his behalf and when he cannot bring in evidence that contradicts his accusers. There is no due process when one ex-president is indicted for the very crimes his exempted successor has committed.


The Sixth Amendment’s various assurances are now kaput. No one believes that Trump was tried “by an impartial jury of the State”—not when prosecutors deliberately indicted him in a city where 85 percent of the population voted against him and are by design of a different political party.


No longer will an American have the innate right “to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor” when Donald Trump was never informed by prosecutor Alvin Bragg of the felony for which he was charged, with little advance idea of all the hostile prosecutorial witnesses to be called, and with no right to call in experts to refute the prosecution’s bizarre notion of campaign finance violations.


The Seventh Amendment is likewise now on the ash heap of history. The publicity-seeking judge Arthur Engoron, a political antagonist of Trump, warped the law in order to serve as judge, jury, and executioner of Trump’s fate, without recourse to a jury of even his biased New York peers.


The Eighth Amendment will offer assurance no longer to the American people that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”


Donald Trump was fined $83.3 million in the E. Jean Carroll case for an alleged assault of three decades past, brought by partisan manipulative waving of the statute of limitations, with the politicized accuser having no idea of the year the assault took place, with her accusations arising only decades later when Trump became a political candidate, with her own employers insisting she was fired for reasons having nothing to do with Donald Trump, and with her narrative eerily matching a TV show plot rather than any provable facts of the case.


By what logic was Trump fined $175 million for supposedly inflated asset valuation to obtain a loan that was repaid with interest to banks that had no complaint? Since when does the state seek to inflict such “unusual” punishments for a crime that never before had existed and never will again henceforth?


In sum, our departing weak-link generation leaves us this final Parthian shot— that when a toxic ideology so alienates the people who are rising up to prevent its continuance, then the desperate architects of such disasters can dismantle the rule of law to destroy its critics.


And so, a single generation has broken apart the great chain of American civilizational continuance. But if this weak-leak generation thinks the evil that they wrought is their last word, they should remember the warning of a great historian:


“Indeed men too often take upon themselves in the prosecution of their revenge to set the example of doing away with those general laws to which all alike can look for salvation in adversity, instead of allowing them to subsist against the day of danger when their aid may be required.” – Thucydides 3.84.3

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Has Bibi caved and will Hamas press for more?
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Sullivan: Israel accepted Biden proposal, 'ball is in Hamas's court'

U.S. National Security Advisor Jake Sullivan said on Tuesday that Israel has accepted the ceasefire proposal President Joe Biden revealed on Friday, and that “the ball is in Hamas’s court.”

“We are waiting for a response from Hamas,” said Sullivan. He acknowledged that the terror group in Gaza might well choose to continue the conflict instead.

“That wouldn’t be terribly out of character for a vicious and brutal terror group, but what we hope they do in the end is see that the best pathway to an end to this war, the return of all the hostages, a surge of humanitarian assistance, is to accept this proposal,” he added.

The war started on Oct. 7 when Hamas led a mass invasion of Israel’s northwestern Negev, murdering, wounding and kidnapping thousands of people, while committing widespread atrocities.

“The onus is on Hamas and will remain on Hamas until we get a formal response from them,” said Sullivan.

The Biden envoy also clarified that Israel had accepted the deal when a reporter suggested otherwise.

“I take issue with the end of your question when you said Israel rejected the proposal,” said Sullivan. “The prime minister’s own adviser went out publicly and said they accepted the proposal. They have reaffirmed that they have accepted the proposal…[it] is a proposal Israel accepted before and continues to accept today. The ball is in Hamas’s court,” he added.

Sullivan also said that CIA Director William Burns is making another trip to the region, arriving in Doha to talk with Qatari mediators on the ceasefire proposal, which would see Israeli hostages released in exchange for Palestinian terrorists in Israeli prisons. U.S. Middle East adviser Brett McGurk also departed on Tuesday for the Arab Gulf state. An Egyptian security delegation will also reportedly join the American and Qatari talks in Doha on Wednesday.

Qatar’s foreign ministry said on Tuesday that it had handed Biden’s three-phase ceasefire proposal to Hamas and that the document is much closer to the positions of both sides.

A spokesman for Hamas on Tuesday repeated the terror group’s demands for a “clear” Israeli commitment to end the war and withdraw from Gaza. That goes against the stated goals of Israel’s War Cabinet, which remain in place: to defeat Hamas, return the hostages and ensure the terror group can never again threaten Israel.

“We asked the mediators to get a clear Israeli position to commit to a permanent ceasefire and a complete withdrawal from Gaza,” Hamas official Osama Hamdan told a press conference in Beirut.

Israel’s National Security Minister Itamar Ben-Gvir, together with Finance Minister Bezalel Smotrich, threatened on Saturday to exit the coalition if Netanyahu agrees to a deal under the terms made public by Biden on Friday.

Netanyahu reportedly met with Ben-Gvir on Monday to discuss the details of the proposal, which he has said differ from the outline presented publicly by the U.S. president.

Israel Hayom quoted sources in Netanyahu’s office as saying that the premier intended to show Ben-Gvir the full draft of the proposal, which contrary to Biden’s remarks contains no clause requiring Israel to end the war.

An Israeli official told Channel 12 on Tuesday night that the deal currently on the table is the best one Hamas will be offered, adding, “We went as far as possible.”

Biden, in an interview with Time published on Tuesday, said that Netanyahu was under “enormous pressure” to make a deal.

“The last offer Israel made was very generous in terms of who [Palestinian prisoners] they’d be willing to release, what they’d give in return, et cetera. Bibi [Netanyahu] is under enormous pressure on the hostages…and so he’s prepared to do about anything to get the hostages back,” he said.

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More Biden Tampering of his corrupt Justice department?
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Transcript tampering? DOJ says written record of Biden interview with prosecutors omitted words
Source: Just the News
The Justice Department admitted in a federal court document that the transcript of President Joe Biden's interview with special counsel Robert Hur regarding his handling of classified documents omitted some repeated words and filler words such as "um." "The transcript is not accurate and was changed in a way to help Biden," Judicial Watch President Tom Fitton said. "There is nothing ordinary about this, and the transcript inaccuracy issues seem to help Biden’s political campaign needs." 

READ MORE
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In Portland, the Intifada Begins in Kindergarten

The local teachers’ union encourages students to resist “Zionist bullies.”

By  Christopher Rufo

Portland, Oregon, has earned its reputation as America’s most radical city. Its public school system was an early proponent of left-wing racialism and has long pushed students toward political activism. As with the death of George Floyd four years ago, the irruption of Hamas terrorism in Israel has provided Portland’s public school revolutionaries with another cause du jour: now they’ve ditched the raised fist of Black Lives Matter and traded it in for the black-and-white keffiyeh of Palestinian militants.

I have obtained a collection of publicly accessible documents produced by the Portland Association of Teachers, an affiliate of the state teachers’ union that encourages its more than 4,500 members to “Teach Palestine!” (The union did not respond to a request for comment.)

The lesson plans are steeped in radicalism, and they begin teaching the principles of “decolonization” to students as young as four and five years old. For prekindergarten kids, the union promotes a workbook from the Palestinian Feminist Collective, which tells the story of a fictional Palestinian boy named Handala. “When I was only ten years old, I had to flee my home in Palestine,” the boy tells readers. “A group of bullies called Zionists wanted our land so they stole it by force and hurt many people.” Students are encouraged to come up with a slogan that they can chant at a protest and complete a maze so that Handala can “get back home to Palestine”—represented as a map of Israel.

Other pre-K resources include a video that repeats left-wing mantras, including “I feel safe when there are no police,” and a slide show that glorifies the Palestinian intifada, or violent resistance against Israel. The recommended resource list also includes a “sensory guide for kids” on attending protests. It teaches children what they might see, hear, taste, touch, and smell at protests, and promotes photographs of slogans such as “Abolish Prisons” and “From the River to the Sea.”

In kindergarten through second grade, the ideologies intensify. The teachers’ union recommends a lesson, “Art and Action for Palestine,” that teaches students that Israel, like America, is an oppressor. The objective is to “connect histories of settler colonialism from Palestine to the United States” and to “celebrate Palestinian culture and resistance throughout history and in the present, with a focus on Palestinian children’s resistance.”

The lesson suggests that teachers should gather the kindergarteners into a circle and teach them a history of Palestine: “75 years ago, a lot of decision makers around the world decided to take away Palestinian land to make a country called Israel. Israel would be a country where rules were mostly fair for Jewish people with White skin,” the lesson reads. “There’s a BIG word for when Indigenous land gets taken away to make a country, that’s called settler colonialism.”

Before snack time, the teacher is encouraged to share “keffiyehs, flags, and protest signs” with the children, and have them create their own agitprop material, with slogans such as “FREE PALESTINE, LET GAZA LIVE, [and] PALESTINE WILL BE FREE.” The intention, according to the lesson, is to move students toward “taking collective action in support of Palestinian liberation.”

The recommended curriculum also includes a pamphlet titled “All Out for Palestine.” The pamphlet is explicitly political, with a sub-headline blaring in all capital letters: “STOP THE GENOCIDE! END U.S. AID TO IRSAEL! FREE PALESTINE!” The authors denounce “Zionism’s long genocidal war on Palestinian life” and encourage students to support “boycott, divestment, and sanctions” policies against Israel.

The pamphlet includes chants that teachers can adopt in the classroom. Some imply support for militancy and political violence: “Resistance is justified when people are occupied!”; “We salute all our martyrs! mothers, fathers, sons and daughters!”; “Justice is our demand! No peace on stolen land!”

It’s not immediately clear to what extent the “Teach Palestine!” lessons have been adopted in Portland public school classrooms. But the teachers’ union claims that the district has been “actively censoring teachers” for promoting pro-Palestine ideologies; in response, it has assembled a legal guide for how teachers can keep promoting the lessons under the guise of meeting state curriculum standards.

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What It’s Like Being Jewish at Harvard

An alumni report on anti-Semitism on campus includes startling testimony from students and faculty.

By The Editorial Board

Anti-Semitism has emerged on America’s college campuses recently in a way that might seem sudden, but it has been growing for years. The Harvard Jewish Alumni Alliance last week published a report that compiles testimony, much of it anonymous, from 50 current and former Jewish students and faculty. Here are a few of the disturbing things they said:

• “Harvard signals that Jews are only acceptable so long as they don’t fully embrace Judaism.” The only way to cope is “not to dress ‘too Jewish,’ request the university accommodate Jewish holidays, speak Hebrew, or, God forbid, actually support Israel’s right to exist.”

• “It’s so much harder for the students who are visibly Jewish. I have a friend who wears a kippah who was physically cornered by a group of students demanding he denounce the so-called genocide.”

• “Because of my Jewish and Zionist identity, people think I am a monster. I have heard people say, ‘Zionists should be slain.’ I have heard people say, ‘You can’t possibly believe an Israeli, they are all settlers.’”

• “It’s pretty scary to walk around campus,” and pretty much all the Orthodox guys “have started wearing baseball caps.”

The report says bullying of Jewish students took place well before Oct. 7, when Hamas massacred Israelis civilians and precipitated the current war in Gaza. But since then, the problem has become “louder, prouder, and more visible.” While fellow students have been responsible for much of the problem, the Jewish alumni also document how it’s fueled by the Harvard professoriate and the school itself.

This year 112 Harvard faculty and staff called for a boycott of Israel and all companies that “sustain Israeli apartheid, settler colonialism, and systematic human rights abuses.” A visiting professor in 2022-23 offered a course called “Jihad, War and Peace in Islamic Law and Practice.” Required reading, according to the alumni report, included such insight as: “The suicide bomber belongs in an important sense to a liberal tradition of armed conflict.”

Harvard’s School of Public Health has a partnership with Birzeit University in the West Bank, which the report says “prohibits Israeli Jews from campus” and “hosts military parades for Hamas.” While students were reluctant to speak on the record, the authors say that faculty were even more so, because they worried it “could get them fired or undermine a promotion.”

The report also reminds readers that after Hamas’s brutality on Oct. 7, the protests at Harvard began long before Israel launched a single response in Gaza. On Oct. 8 more than 30 student groups signed a statement saying that they held “the Israeli regime entirely responsible for all unfolding violence.” The ink was dry before Israel had buried its dead and counted the hostages.

Progressives claim to draw a line between anti-Zionism and antisemitism, but the two are impossible to disentangle in these student encampments, amid the chants about freeing Palestine “from the river to the sea.” As one student put it: “Zionist is a code word for Jew.” Harassment is the same no matter the language.

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Israel, Hamas and the Law of War

If the State Department’s criticisms are serious, they imperil the defense of all civilized countries.

By David B. Rivkin Jr. and Lee A. Casey

As it defends itself against Hamas in Gaza, Israel has come under sustained political, media and legal attack for supposedly violating international law—and not only from hostile countries and bodies like the International Criminal Court and the International Court of Justice. On May 10 the U.S. State Department sent a report to Congress that concluded U.S.-provided arms have been used by Israel “in instances inconsistent with its IHL”—international humanitarian law—“obligations or with established best practices for mitigating civilian harm.”

These criticisms are based on a distorted view of the law of war and its crucial legal principles—distinction, proportionality, and the obligations owed to enemy civilians. They threaten Israel’s strategic interests and the ability of all law-abiding nations to defend themselves.

The law of armed conflict is a practical set of rules directed at ameliorating the harms of war—originally with respect to those engaged in combat, and over the years expanding to noncombatants associated with the military and ultimately to civilians. Protecting civilians and civilian property is an important goal of the laws of war, but not their paramount goal.

Other equally important goals are regulating the means and methods of warfare, ensuring appropriate treatment for wounded combatants and prisoners of war, and ensuring that the war aims of belligerents—generally understood as “military necessity”—can be pursued within these rules and requirements. But the law of war is in no way intended to level the playing field in favor of the weaker party.

The law of war has many sources, but the Biden administration should have followed the standard U.S. position, as laid out in the Law of War Manual. One of its most important teachings is that “although military necessity cannot justify actions that have been prohibited by the law of war, some law of war rules expressly incorporate military necessity.” That’s especially true of rules meant to protect civilian populations affected by armed conflict, largely embodied in the principles of “distinction” and “proportionality.”

The principle of distinction provides that civilians can’t be deliberately targeted for attack, as Hamas did on Oct. 7 and routinely does. In choosing how and what to attack, military commanders must make good-faith efforts to distinguish between civilian and military targets. “The law of war does not require that commanders and other decision-makers apply a fixed standard of evidence or proof,” the manual says. Rather, they “exercise professional judgment in making any assessment that a person or object is a military objective.”

Equally important is the principle of proportionality, whose meaning is widely misunderstood. Proportionality requires that the expected harms to civilians and civilian property from an attack can’t be “excessive” when compared with “the concrete and direct military advantage expected to be gained.” The comparison isn’t to the number of soldiers killed or to the number of casualties on each side of the conflict. Nor is there any upper limit on the number of civilian deaths that will trigger “war crimes” if exceeded.

The manual clearly states that “in assessing the military advantage of attacking an object, one may consider the entire war strategy rather than only the potential tactical gains from attacking that object.” There is a significant subjective component in making proportionality determinations. “It could often be the case that reasonable persons might disagree as to whether the expected civilian casualties from an attack would be excessive,” the manual states. “Similarly, reasonable commanders might make different decisions in applying the principle of proportionality.”

Commanders are also enjoined to take “feasible” precautions to protect civilians during an attack. Such measures might include attacking at times when civilians are less likely to be present and giving advance warnings. But the “standard for what precautions must be taken is one of due regard or diligence, not an absolute requirement to do everything possible.” Moreover, “a commander may determine that a precaution would not be feasible because it would result in increased operational risk (i.e., a risk of failing to accomplish the mission) or an increased risk of harm to his or her forces.”

A critical and too often ignored aspect of the laws of war is that each party to a conflict is primarily responsible for protecting its own civilian population by moving them away from military targets and taking other measures to shield them. Hamas not only fails to meet these obligations; it uses civilians as human shields and invites casualties for propaganda purposes. That doesn’t relieve Israel from its proportionality obligations, but the manual makes clear that additional civilian injuries resulting from this illegal tactic are “a factor that may be considered in determining whether such harm is excessive.” Hamas is also looting aid shipments, making it more difficult for assistance to reach Gaza civilians.

Based on these rules and currently available credible evidence, there is no reasonable case that Israel has violated the laws of war. Such claims are grounded at best in speculation, which is unlikely to be entirely accurate. To the extent that Israel hasn’t followed U.S. “best practices,” as the State Department complains, it doesn’t mean there have been violations. Such measures are prudential and not required by law. Hamas, by contrast, indisputably commits war crimes by deliberately attacking civilians, brutalizing Israeli women and children, taking hostages, systematically locating military facilities in or near civilian installations, and using Palestinian civilians as human shields.

Other antagonists of Israel, including at the ICC and the ICJ, have argued in addition that the Jewish state, as an “occupying” power, is obligated to feed, clothe and protect Gaza’s civilian population. But Israel left the strip in 2005. Hamas initiated the current armed conflict, and Israel won’t have the obligations of an occupying power unless it takes control of the territory after hostilities are ended.

If the U.S. and other civilized countries follow the logic of these criticisms of Israel, the consequences will be dire. Most immediately, U.S. condemnations will embolden the Jewish state’s enemies—most of which are also hostile to the U.S.—and could impede Israel’s ability to defeat Hamas. In the future, the administration’s standards of conduct could impair the ability of all law-abiding nations to defend themselves.

Nuclear deterrence, the mainstay of U.S. defense strategy, would be delegitimized if obligations to the civilian population are expanded so that injury to civilians is elevated over all other considerations in determining whether a particular combat operation is lawful. Even in peacetime, this approach would be terrible statecraft. At a time when rogue states and terrorist organizations are waging numerous wars, it’s a formula for global anarchy.

Messrs. Rivkin and Casey practice appellate and constitutional law in Washington. They served at the Justice Department and the White House Counsel’s Office in the Reagan and George H.W. Bush administrations.

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