Israel, Hamas, and Moral Asymmetry

Last week I attended a conference on “AI and the Law, on the Battlefield and in Cyberspace” organized by Academic Exchange and the Strauss Center for International Security and Law at the University of Texas, Austin. During the conference we received some updates about the situation in Israel and the Israeli efforts to comply with international law in their war against Hamas. Using rules of engagement and battlefield procedures similar to U.S. practices in Iraq and Afghanistan, the Israelis have been trying to balance their need to fight a terrorist enemy against legal and moral imperatives to protect noncombatants. Their approach contrasts sharply with the way Hamas attempts to both terrorize and murder Israelis on the one hand and to use Palestinians as human shields on the other hand. We might say that this is a “morally asymmetric” war because Hamas does not abide by any legal or moral scruples and in fact takes advantage of the fact that Israel does maintain such scruples in its own conduct. By placing its command posts and ammunition stores underneath civilian structures such as schools, mosques, and hospitals, Hamas, with the help of Iran, forces Israel to choose between pursuing its military goals and protecting civilians. The asymmetric military advantage that Hamas enjoys consists in the fact that it would be clearly useless for Israel to employ similar human shields because Hamas would have absolutely no hesitation in killing Israeli civilians.

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The Telos Press Podcast: Sherman A. Jackson on Islam and the Promotion of Human Rights

In today’s episode of the Telos Press Podcast, David Pan talks with Sherman A. Jackson about his article “Islam and the Promotion of Human Rights,” from Telos 203 (Summer 2023). An excerpt of the article appears here. If your university has an online subscription to Telos, you can read the full article at the Telos Online website. For non-subscribers, learn how your university can begin a subscription to Telos at our library recommendation page. Print copies of Telos 203 are available for purchase in our online store.

Note: The podcast below was recorded on September 8, 2023.

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Israel, Hamas, and Techniques of War

Hamas’s horrifying attack on Israeli civilians is a continuation of terrorist methods that it has been using for years against Israel. As a technique of war, its terrorism functions primarily as a way of gaining support from current and potential allies. Such a massacre can only serve Hamas’s war aims to the extent that the use of terror as a technique of war points to an ideological similarity with its allies, Iran and Hezbollah. Hamas’s use of terror only makes sense because the allies it is trying to convince—anti-Semitic populations and terrorists in the Arab world as well as totalitarians everywhere—share their disregard for principles of human rights as well as their use of fear and hatred as the primary determiners of political life. Terrorism only works for Hamas insofar as it can appeal to similar inclinations in others in order to build a broader alliance of terrorist movements and totalitarian states.

This terrorist approach to politics defines the asymmetry in the conflict between Hamas and Israel. In contrast to Hamas, Israel and its main ally, the United States, are committed to protecting human rights, even in the face of terrorist enemies. Without such self-control, Israel could destroy Hamas by conducting the same kind of indiscriminate killing of Palestinians that Hamas has used against Israel. There is no doubt that if Hamas had the means at its disposal, it would not hesitate to kill the entire population of Israel. But in eschewing such terrorist methods, Israel ends up being attacked for its failures to live up to the human rights principles that it espouses. In its commentary on the conflict, Human Rights Watch focuses primarily on the Israeli siege of Gaza as a war crime while treating Hamas’s massacres of Israelis merely as the work of “individuals” who “should be brought to justice.”[1] Perversely, Israel loses legitimacy due to its general support for human rights, even as it struggles to balance a respect for human rights with its need to fight for its existence against the terrorists and totalitarians that surround it. Meanwhile, Hamas is not considered to be the political leadership of Gaza but as a set of bad individuals to be differentiated from the Gazan population. Clearly, Hamas’s use of Palestinians as human shields indicates how its terrorism translates into totalitarian rule within Gaza. Yet to treat the Palestinians as victims and Hamas as a few bad individuals ignores the political reality that Hamas constitutes the elected political authority of Gaza and recruits its fighters from the Gazan population that supports it.

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Telos 203 (Summer 2023): The Manifold Foundations of Human Rights

Telos 203 (Summer 2023): The Manifold Foundations of Human Rights is now available for purchase in our store. Individual subscriptions to Telos are also available in both print and online formats.

One of the most disappointing human rights debacles in the last few years was the withdrawal of U.S. forces from Afghanistan. For those who still take an interest, the human rights situation there has become horrendous, with Human Rights Watch documenting the denial of schooling and employment to women, extrajudicial killings, and torture. Moreover, in a severe rebuttal to those who supported the withdrawal, Taliban rule has created the conditions for a renewal of terrorist groups that can now develop and train in Afghanistan with impunity. There is also a good case to be made that the U.S. withdrawal there emboldened Putin to invade Ukraine, calculating that the United States and its allies no longer have the stomach for protracted conflicts in order to prevent human rights abuses. It may be that we have traded a low-grade conflict in Afghanistan for a high-intensity one in Ukraine. The lesson here is that the struggle for human rights, while beginning as a moral problem about our common responsibilities, can only be taken seriously when we consider its political ramifications. What do we owe to our fellow humans, and what sacrifices should we make in order to fulfill those responsibilities?

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Reflecting on Our Common Humanity

By appealing to our common humanity, the idea of human rights and the idea of a “community of common destiny for mankind” promoted by the Chinese Communist Party seem to be referring to the same thing. Yet the two ideas are clearly opposed to each other, since the goal of the second idea is to supplant the first one. By opposing the idea of human rights and an existing international order that values the autonomy of nation-states and the rule of law, the Chinese Communist Party’s version of common humanity envisions a subordination of international order to Chinese power. One response to these opposing views of the meaning of common humanity would be to deny that such an idea might have any legitimacy at all and to then conclude that the only commonality we share would be a will to power. This stance, by denying the possibility of a common set of values, would undermine attempts at cultural exchange and comparison, as well as the legitimacy of any critique. The human rights ideal, by contrast, begins with recognizing, at a minimum, those transgressions that all humans seek to avoid, including torture, genocide, and enslavement. Such agreement provides the first step for a cultural comparison, which cannot begin until we define a common value. By defining such a value, it becomes possible to compare different manifestations of that value as well as to formulate a critique. In a follow-up to last week’s podcast with Sijia Yao, this week’s podcast with Xudong Zhang addresses the role of the idea of a common humanity for establishing the parameters of a cultural comparison between China and the West.

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The Telos Press Podcast: The Causes and Consequences of the U.S. Failure in Afghanistan

Today’s episode of the Telos Press Podcast features our recent panel discussion on the causes and consequences of the U.S. failure in Afghanistan. With presentations from Telos editors Mark Kelly, Adrian Pabst, Marcia Pally, David Pan, and David Westbrook, the discussion covered various aspects of the U.S. withdrawal from Afghanistan as well as its implications for the future of the region, the promotion of liberal democracy and human rights, and the influence of the United States and the West more generally. We were also delighted to be joined by our listeners from around the globe, who posed thoughtful and provocative questions to the panel following the presentations.

The discussion picked up on a number of arguments addressed at greater length in the “Forum on Afghanistan” featured in Telos 196 (Fall 2021), our new issue, which is now available in the Telos Press store. Links to the individual articles are also provided here. If your university has an online subscription to Telos, you can read the articles at the Telos Online website. For non-subscribers, learn how your university can begin a subscription to Telos at our library recommendation page.

Listen to the podcast here.

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