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Netanyahu, 'Censored Voices,' and the False Narrative of Self-Defense

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Marjorie Cohn
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Article 51 of the UN Charter authorizes states to act in collective self-defense after another member state suffers an armed attack. Although Jordan and Syria responded to the Israeli attacks on Egypt, they -- and Egypt - inflicted little damage to Israel. By the afternoon of June 5, Israel "had virtually destroyed the air war capacity of Egypt, Jordan, and Syria," Quigley notes. "The IDF achieved the 'utter defeat' of the Egyptian army on June 7 and 8."

The United States empowers Israel

U.S. Secretary of State Dean Rusk said that U.S. officials were "angry as hell, when the Israelis launched their surprise offensive." Yet, Quigley notes, "Israel's gamble paid off in that the United States would not challenge Israel's story about how the fighting started. Even though it quickly saw through the story, the White House kept its analysis to itself."

Although Security Council resolution 242, passed in 1967, refers to "the inadmissibility of the acquisition of territory by war" and calls for "withdrawal of Israel armed forces from territories occupied in the recent conflict," Israel continues to occupy the Palestinian territories it acquired in the Six-Day War.

Israel has abandoned its claim that Egypt attacked first. Yet the international community considers that Israel acted in lawful anticipatory self-defense. Quigley explains how the UN Charter only permits the use of armed force after an armed attack on a UN member state; it does not authorize anticipatory, preventive, or preemptive self-defense.

"The UN did not condemn Israel in 1967 for its attack on Egypt," Antonio Cassese of the University of Florence explained. Quigley attributes this to Cold War politics, as the USSR supported Egypt. "For the United States in particular, Israel's success was a Cold War defeat for the USSR. The United States was hardly prepared to condemn Israel after it performed this service."

The United States continues to support Israel by sending it $3 billion per year in military aid, even when Israel attacks Gaza with overwhelming firepower, as it did in the summer of 2014, killing 2,100 Palestinians (mostly civilians). Sixty-six Israeli soldiers and seven civilians were killed.

If Israel were to mount an attack on Iran, the United States would invariably support Israel against Iran and any Arab country that goes to Iran's defense. Indeed, Netanyahu intoned to Congress, "may Israel and America always stand together."

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Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

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