Israel’s planned release of hundreds of Hamas and Islamic Jihad prisoners is not only a bad thing for the safety of Israeli citizens
(does anyone really believe these killers will now put down their AK-47s and take up macrame?)—Professor Louis Rene
Beres makes a strong case that the release also violates international law.
NO government has the legal right to free terrorists as a "goodwill gesture." Terrorism is a criminally sanctionable violation of
international law not subject to ad hoc nullification by individual countries, even if they are organized into a "Quartet" that
includes approval by the United Nations. In the United States, it is manifest from the Constitution that the President's power to
pardon does not encompass violations of international law, and is always limited to "Offenses against the United States." This
limitation stems from a wider prohibition that binds all states, namely the claims of a "Higher Law." These claims, of course, are
the very basis of American law.
In apprehending and punishing Palestinian terrorists, Israel acted wittingly or unwittingly, it doesn't matter - on behalf of all
states. Moreover, because some of the pertinent terrorists committed crimes against other states as well as against the State of
Israel, Prime Minister Sharon certainly cannot pardon these offenses against other sovereigns. And although Israel's release of
terrorists is not, strictly speaking, a "pardon," it will have exactly the same effect.
Israel possesses no authority to grant any sort of pardons for violations of international law, especially the uniquely heinous
violations generated by Palestinian terrorism. No matter what might be permissible under its own Basic Law, any political
freeing of terrorists is legally inexcusable. Indeed, the fundamental principle is well-established in law that by virtue of such
releases the state would assume responsibility for past criminal acts and even for future ones. Such a fundamental principle is
known formally as a "peremptory" norm. Codified at Article 53 of The Vienna Convention on the Law of Treaties, it means a
rule that "permits no derogation."
An introduction to MAOF
Haim Goldman
Haim Goldman
Dear Friends,
Would you believe that the undersigned has anything in common with
-- Professor Victor Davis Hanson (Senior Fellow at the Hoover Institution, Stanford University),
-- Dr Charles Krauthammer, (Washington Post, Time, The Weekly Standard),
-- Caroline Glick (Deputy Managing Editor of the Jerusalem Post),
-- Jonathan Tobin (Executive Editor of the Philadelphia Jewish Exponent).
Amazingly, the editors of the MAOF website decided that the missives of the undersigned are worthy of translation and posting along the articles written by these distinguished authors.
The first letter was published without the consent of the undersigned.
However, after thorough examination of the laudable attitude of MAOF and of the excellent contents of the website, the undersigned had most graciously granted his permission for publication of his missives in both English and Russian.
“Analytical Group MAOF” [1] is an organisation founded about ten years ago by Russian-speaking Jewish intellectuals. The attitude of MAOF is definitely pro-Zionist -- unambiguously and unapologetically.
One of MAOF’s primary purposes is providing information and analysis about Middle-Eastern and world affairs as well as about Israel’s history, values and dilemmas. In addition to extensive publication activity in various media, MAOF also organises excursions and seminars. While the vast majority of the contents of the MAOF website is in Russian, texts originally written in English are provided in the original [2] as well as in Russian.
There are arguably about 250 millions of Russian-speakers worldwide and many of them do not read English. The indisputable motivation for the author’s permission was to grant those millions of disadvantaged people the grand benefit of reading the author’s ruminations. If the author is ever maliciously accused that his tacit motivation for authorising the publication was his craving to be listed along with the above-mentioned distinguished writers, his plea will definitely be “nolo contendere”.
The editors of MAOF expressed their gratitude by granting the undersigned a privilege that no other author got – the opportunity to review and correct the Russian translation before publication. The original letters of the undersigned are at [3] and their Russian version is at [4]. At of today, only two letters are posted but several other letters are pending translation.
You are kindly ENCOURAGED TO RECOMMEND the MAOF website to your friends and colleagues worldwide, particularly those who speak Russian. Those who do not enjoy the benefit of proficiency in the exquisite Russian language can find many thought-provoking and inspiring articles about Middle-Eastern and world affairs in the English section [2].
Sincerely,
Haim Goldman
28.10.2006
REFERENCES:
[1] http://maof.rjews.net
[2] section.php3? sid=37&num=25
[3] authorg.php3? id=2107&type=a
[4] authorg.php3? id=2166&type=a