Just War And The Jewish State: Their Home Is Their Castle

Written by Audrey Russo on May 12, 2013

MH900403560Believe it or not, in a Blue State like NY, we actually have an article in the Penal Law that allows us to employ self-defense. Article 35 of the Penal Law specifies when an individual is justified in using force to defend life or property. (Proof that there was once sanity in the Empire State.)
Many States in the union have adopted an American doctrine known as, The Castle Doctrine…
The Castle Doctrine, or the Defense of Habitation Law, is derived from English Common Law. The law defines ones home, or in some cases any place that you legally occupy, as a place where you have the liberty to be free from trespass.  It also gives you the right to defend your life, or the life of another who legally occupies the “castle”, with deadly force if the situation warrants it.  In a legal proceeding your actions can be defended as justifiable under the Castle Doctrine.
The Castle Doctrine is a microcosm of the Just War Doctrine, which states that a nation may justly go to war for some restricted reasons, which are basically those of self-defense, and the rescue of another nation from an aggressor.
Guess what? Israel has a right to defend itself … according to international law and the UN Charter (article 51). As stated by Alan Dershowitz, “…acts of war — known as Casus Belli — fully justify an Israeli armed response … Providing weapons to a declared enemy in the face of an embargo has historically been deemed an armed attack under the law of war, especially when those providing the weapons intend for them to be used against the enemy’s civilians.”

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Audrey Russo is the Host of the weekly REELTalk Radio Show (NYC). Audrey writes a column for ClashDaily.com and handles Middle East/National Security/Terrorism/Cultural Issues, and her articles can be read in several other news/opinion journals. She is also a contributor on Barbwire.com. Audrey's Radio Show can also be heard on the Leading Edge Radio Network. Audrey is also an active member of the NYC performing arts community as a singer and actor.