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The Targeted Killing of Sheikh Ahmed Yassin


26th March 2004

Jonathan L. Snow                     March 26, 2004 

Key Facts

·          On March 22, 2004, the Israeli Defense Forces (IDF) killed Sheikh Ahmed Yassin in a targeted attack in Gaza city.

·          Sheikh Yassin was the founder and head of Hamas, a Palestinian terrorist organization that rejects peace with Israel and according to its own statements, is dedicated to the destruction of the state of Israel and its replacement with an Islamic state.  It aims to expel all Jews from the area through violence and its charter (Art. 7) explicitly calls for the killing of Jews as a religious duty.

·          Hamas is listed as a terrorist organization by both the United States and the European Union. It is responsible for scores of attacks in which hundreds of Israelis were killed and thousands injured, most of them civilian - more than any other Palestinian group. Hamas also supports terrorists who attack  Americans and westerners.

·          On March 25, the US vetoed a UN Security Council resolution condemning the killing because it failed to mention Hamas terrorism.
 

Analysis

·          Israel has the same fundamental right to protect its citizens from terrorists as all states:  Israel killed Yassin after enduring more than three years of continuous Hamas terrorism. The media have inaccurately portrayed the Israeli action as retribution for terrorist attacks in Ashdod on March 14 - Israel has long viewed Yassin as a barrier to a peace and tried to remove him in the past. 

·          Some of the states that have expressed concern over the killing of Yassin have used targeted killings themselves:  The US has used targeted killings against al Qaeda operatives in Yemen and President Bush has authorized the CIA to kill al-Qaeda's leader Osama bin Laden.  Russia has assassinated terrorists in Chechnya, and British media have also reported on an attempt by the MI6 to kill Muammar Gadaffi. 

·          British Foreign Secretary Jack Straw has wrongly claimed that Israel's action was illegal, when international law on this matter is debatable:  Article 23(b) of the Annex to the 1907 Hague Convention  and UN Charter articles 2(4) and 51 outlaw any killings that can be deemed “treacherous,” but also allow states to defend themselves.  In war time, international law clearly allows for the killing of a member of the enemy's army, and many experts argue that terrorist groups such as Hamas that have declared war on a state should be considered enemy combatants and are therefore appropriate military targets.

·          By focusing on Yassin as a “spiritual leader” of Hamas and a wheelchair bound old man, the media has downplayed Yassin's role in inciting and planning murder against innocent civilians:  Yassin played a role in Hamas comparable to that of Osama bin Laden in al-Qaeda, providing both religious and political cover for Hamas to operate.  Many analysts suggest he was also involved in the planning of attacks. The fact that Yassin was in a wheelchair since childhood does not minimize his crimes.

·          Israel's action was also a measure to prevent Gaza from falling under the complete control of terrorist organizations after Israel withdraws.  Prime Minister Ariel Sharon has announced plans to evacuate all Israeli civilians and soldiers from Gaza.  If implemented today, it would likely result in Hamas taking full control of Gaza from the Palestinian Authority.  To avoid this, the Israelis are seeking to destroy the Hamas leadership in Gaza before completing their withdrawal, and Israeli Defense Minister Shaul Mofaz has indicated that targeted killing of Yassin will be followed by more attacks against Hamas leaders.

·          The death of Yassin leaves a divided leadership for Hamas.  Yassin has been replaced by two individuals who are clear rivals:  Khaled Mashaal, based in Damascus, now has overall command of Hamas, while Abdel Aziz Rantisi has taken over Hamas in the Gaza Strip.  Mashaal narrowly survived an Israeli attempt to poison him in 1997 when he lived in Jordan, and Abdel Aziz Rantisi also survived at least one Israeli assassination attempt.  Given that the Gaza Strip is Hamas' stronghold, and that Mashaal is abroad, it is likely that Rantisi will in time marginalize him.  The problem for both Rantisi and Mashaal is that neither has the ability to control all of the various wings of Hamas, because neither has influence and prestige over the entire organization.

 

Policy implications

·          The US should not condemn Israel for undertaking the same actions it does against terrorist leaders.  The US would not allow any other country to dictate how it should fight its war against terrorism or accept criticism if it were to eliminate bin Laden.

·          While the tactical prudence of Israel's action is questionable, their right to act should be clear.  It is unclear whether the killing of Yassin will prove to be a strategic blunder or a necessary step in bringing peace to the region.  Questioning the likely outcome of the Israeli action should be encouraged, but not its legal right to defend itself against terrorists.

 

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