Understanding the Law and Facts of Terrorist Groups: Beyond the War on Terror

The War on Terror, which began in 2001 with the 9/11 attacks, has been an enduring conflict for over a decade. This persistent fight against various terrorist organizations has raised questions about the legal and ethical aspects of such a campaign. This article aims to explore the complexities and challenges of identifying and combating these groups, as well as the reasons behind the perceived bias in the portrayal of terrorist groups such as ISIS and Hamas.

The Ongoing Conflict

The War on Terror rages on, a conflict that has been unyielding for over 14 years. However, compared to other regions experiencing even longer wars, this period is relatively short. For example, the State of Israel, founded in 1948, has been engaged in continuous conflict for over 68 years. These ongoing conflicts have shaped the perception and daily lives of their citizens, who are accustomed to the distress of warfare.

Charges of War Crimes and the UN's Role

A significant critique within this conflict is the accusation of war crimes. According to some sources, "ISIS violates every single principle of the law of war" (Sekulow 33). It is argued that the United Nations (UN) is corrupt, and its left-leaning allies use a term called "lawfare" to accuse and punish Israel and the United States for alleged war crimes that they did not commit. These accusations often target Israeli and American soldiers, claiming they violate the Rules of Engagement (ROEs).

Customary International Law and Self-Defense

International law clarifies that nations have the inherent right of self-defense if an attack occurs. Article 51 of the UN Charter explicitly recognizes this right. However, the application of this right is often misrepresented or misunderstood. For instance, this law does not create the right of self-defense; rather, it is an inherent right under customary international law. Each state's government determines when and how to exercise this right. Additionally, customary international law allows for self-defense against non-state actors like Hamas and their allies in the Gaza Strip.

The Right to Protect and Counter-Attacks

According to this law, if a UN member is attacked, they have the right to defend themselves. This defense is not limited to merely repelling the attack; it can also include measures to address the ongoing threats to their security. Therefore, a nation can use significant force, like air strikes, to neutralize the threat, provided it ensures the safety of innocent civilians as much as possible.

The Dilemma of Identifying and Targeting

A critical issue in the war against terrorist groups is the difficulty in distinguishing combatants from civilians. Terrorists like ISIS and Hamas do not wear uniforms, making it challenging to identify legitimate targets. This situation places troops like the Apache air crew in difficult and ethical dilemmas. In a real incident, an Apache crew faced a terrorist who was using a child as a human shield. Due to their commitment to both engaging combatants and protecting civilians, the crew waited for the exhausted terrorist to drop the child before taking action. This highlights the human costs and complexities of engaging in such conflicts.

Prohibition of Torture and Unjust Accusations

The prohibition of torture is a fundamental principle under the Geneva Conventions. Torture is not only illegal but also used for nefarious purposes, such as obtaining entertainment value or psychologically terrorizing civilians. Accusations of torture and human rights violations often target Israeli and American soldiers, leading to their prosecution before the International Criminal Court. These accusations are based on misleading narratives and selective examination of the law, as demonstrated by the improper application of international standards and the concept of "lawfare."

Conclusion

The War on Terror is a complex and multifaceted conflict with significant legal and ethical dimensions. The ongoing battle against terrorist groups like ISIS and Hamas requires a nuanced understanding of the laws governing international warfare and self-defense. While the portrayal of these conflicts often presents a biased narrative, the core principles of international law, such as the right of self-defense and the prohibition of torture, remain central to the debate. Continued scholarship and dialogue are essential to ensuring that these principles are upheld and applied appropriately.