INTERNATIONAL LAW IS MOSTLY A SWORD FOR “ACTIVISTS” AND OTHER TOOLS TO WIELD AGAINST THE WEST: Prof. Samuel Estreicher (NYU) on The Laws of War, as to the Hamas-Israel War.

It is highly doubtful that Israel qualifies as an “occupying” power of the Gaza Strip because once it withdrew all military forces from Gaza in 2005, it has exercised no authority over the territory, which is a requirement under international law before assuming the responsibility of an occupying power. UN groups like the Human Rights Council counter that the status of “occupier” still applies because Israel has imposed stringent limits on travel to and trade with Gaza. And yet Egypt has (mostly) sealed off Gaza’s other border without being termed an occupying power.

In any event, even if Israel were an occupying power, that status would not justify Hamas’ intentional attacks on civilian targets in Israel or prevent Israel from using force to protect itself. For example, it was not considered illegal for the United States, as the occupying power of Iraq in the immediate aftermath of the 2003 Iraq War, to use force against Iraqis who were attacking U.S. forces within Iraq.

The second argument against Israel’s right of self-defense—that it cannot invoke this right against non-state actors like Hamas—is equally untenable.

Article 51 of the UN Charter states that nothing shall “impair the inherent right” of self-defense possessed by all member states. In recent years, many governments, including the United States, have adopted the view that this right of self-defense applies against non-state actors like al-Qaeda and ISIS in situations where the government of the state in which the non-state actors are operating is “unwilling or unable” to prevent attacks by the non-state actor. The case of the Gaza conflict is much stronger for Israel than the “unwilling or unable” rationale; Israel is protecting against Hamas’ direct, indiscriminate killing, beheading, torture and hostage-taking of Israeli civilians.

There’s also a traditional right to hang pirates on sight.