August 17, 2001
UNIVERSITY of PENNSYLVANIA

The Law School
3400 Chestnut Street
Philadelphia, PA 19104-6204

August 8, 2001

To The Editor
The New York Time's
229 West 43rd Street
New York, NY 10036-3959

BY FAX: 212- 556-3622

To The Editor:

It goes without saying that the first and most basic human instinct is that of self- preservation. From this grows perhaps the most fundamental obligation or government to protect its citizens from attack. That this is unequivocally recognized by international law is attested to by the Charter of the United Nations. which enshrines an "inherent right" of self defense.

The object, in each situation. is to take the most effective means to eliminate the threat while inflicting minimum collateral harm.

Because suicide bombers are. by their very nature. almost impossible to identify in advance, and are not susceptible to meaningful threats, the most effective antidote to the horror they are capable of causing is to remove the threat from those who exhort them, train them, arm them, and give them their marching orders. Given the Palestinian Authority's unwillingness to do this. Israel's practice of pin-point targeting of terrorist leaders is the least worst alternative, and is thus fully authorized by international law .

Whilst unintended harm to civilian bystanders is a tragedy (albeit one which should not be equated with the fully-intended, wholesale slaughter of innocents perpetrated by suicide bombers), the ultimate prevention of such casualties lies in the hands of Palestinian leaders.







Harry Riecher
Adjunct Professor of Law
Tel: (215) 898-7492