3 posts tagged with "Jus in Bello"

A deal with the Devil in light of the norms of the Vienna Convention on the Law of Treaties​

"Come on, my friend, get ready the pen,
Sign the paper to have it done!”
He touched his brow; with a heavy thud
A bottle emerged in a blink.
I asked in horror: “Is it blood?”
But answered he: “Just ink.”

(A.Galich)

(a)

An agreement on any actions by Israel in exchange for the release of hostages constitutes recognition of the legal personality (subject status) of a terrorist organization and legitimizes the taking of Israelis as hostages in the future.

If Israel agrees to anything in exchange for hostages, this means that taking Israelis hostage is profitable, and therefore they will be taken again—including abroad.

Ayatollah Ali Khamenei, in his address, congratulated the Iranian people on their victory over Israel and the United States of America:

Our practice shows that Israel’s habitual approach when facing enemies—"if we are attacked, we bomb in response until the enemy’s forces are damaged, then we agree to a ceasefire and peacefully watch the enemy celebrate victory" (here it must be emphasized: in their understanding, “victory” is in no way determined by the number of losses they suffered, but solely by the ability to proclaim and celebrate this victory)—is flawed, as it inevitably leads to the enemy, inspired by another “victory,” restoring strength, receiving increased support, and attacking again.

By contrast, the previously traditional method accepted in international law for ending wars—signing an instrument of surrende, i.e., a formal recognition of defeat in the war, imposing on the guilty party the costs of war (reparations), and depriving it of territories (annexations)—actually works.