The Dean of the Netanya Law College says that the international rules of law must be adapted to the current war against terrorism. Prof. Sinai Deutsch says that Israel’s response to the Goldstone report makes it clear that the internationally accepted rules of war are no longer relevant to the war against terrorism. “The current rules were formulated for situations of war between armies,” he explained in a speech this week at the College. “They are not relevant for war against terrorist gangs who operate from within population centers and amidst schools and hospitals.” The Jerusalem Center for Public Affairs, headed by former ambassador Dore Gold, held a day long conference on the subject several months ago, with all the experts calling for laws dealing with warfare against non countries, such as terrorist groups. Deutsch emphasized – unlike the Goldstone findings – that even under existing international law, the responsibility for harm to civilians in such situations lies with the terrorist organizations. Though some have said that any IDF soldier is liable to be placed on trial for war crimes if he travels abroad, Deutsch said this threat is not serious. He said this is so for several reasons, “including the fact that the Palestinian Authority is not a partner to the international charter by which the International Court of Justice in the Hague functions.” “Only if the UN Security Council accepts a Goldstone-like resolution is there a chance that IDF soldiers would face this danger,” Deutsch said.
