Category Archives: Justice

UPDATE VII (7/25): New Essay On Israel’s Performative Contradictions+NEWS: Ethnocide In The West Bank

Anti-Semitism, Argument, Crime, Ethics, Foreign Policy, GAZA, Individual Rights, Israel, Israeli-Palestinian Conflict, Justice, libertarianism, Logic, Middle East, Military, Morality, Natural Law, Political Philosophy, Terrorism, The West

THE NEW ESSAY appeared on LewRockwell.com and The Unz Review, where it was the main feature, as well as at my home on The New American.  And on Power & Market at the Mises Institute, July 4.

You can now read Defending Gaza (II): Israel Engaged In The Mother Of All Performative Contradictions: Denying Genocide, While Committing Genocide, Effectively Asserting A Right To Genocideon IlanaMercer.com.

This new essay is Part II, and follows on, “Defending Gaza (Part I): Natural-Law Principles Vs. National-Interest Statism,” June 9, 2024

The essay was variously titled:

Defending Gaza (II): “‘Synagogue of Satan’ Denies Genocide While Committing Genocide, Effectively Asserting A Right To Genocide

Defending Gaza (II): “Israel Engaged In The Mother Of All Performative Contradictions: Denying Genocide, While Committing Genocide

Defending Gaza (II): “Israel Indicted, Palestinians Validated In Fact, Law & Hoppean Argumentation”

Explained in Part II, first, using Hoppean Argumentation, is why Israel is engaged in the mother of all performative contradictions: denying genocide, while committing genocide, all the while demanding the right to genocide. These tactics amount to ISRAEL, EFFECTIVELY, CLAIMING AUTHORITY TO COMMIT GENOCIDE.

Next, lest I be accused of arguing in circles, the concept of genocide is reasonably qualified and clarified. In particular, with reference to Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. ISRAEL HAS ACED THE GENOCIDE BAR! I explained why the positive law’s definition of the systematic, methodical annihilation of a people is inoffensive to the natural-law libertarian.

The reason I then, and in most of my essays on Gaza, insist on CHRONICLING A DAY IN THE LIFE of Gaza is this: We owe it to the holocaust survivors and their families, and to the historical record, which is vulnerable to the revisionism of Zionists. However insurmountable, and to bear witness to genocide, as we must—Gaza’s dead must be counted, recited and commemorated.

Showing how Israel CO-OPTS HUMAN-RIGHTS LAWhow Israelis cloak their murderous rampages on civilians in the raiment of human-rights nomenclature is essential. Of course, no matter who has committed a crime in my neighborhood or in its vicinity; Washington State has no right to turn me out of my home, which is mine, which I own. The state certainly has no right to pulverize my home because its agents believe outlaws hide in the neighborhood.

On to ISRAEL’S LAW OF RULE IN THE WEST BANK. Did you know that,A combined ‘effort’ between IDF- and security force soldiers and settlers in the West Bank and East Jerusalem is responsible for pogroms in which over 528 Palestinians have been murdered since October 7, among whom were 126 children“? We ought to know this.

Finally, PALESTINIANS VALIDATED VIA ARGUMENTATION: The Hoppean principle applied in this essay’s opening is used in the coda to to validate the Palestinians’ reality, as they have been telling it to a mostly unbelieving universe (myself included) over decades.

The Hoppean proposition deployed to trace the contours of Israel’s reality is this: Israel can’t deny it is engaged in genocide as it enacts genocide. Since it does, it must be seen as performing a lie for which it deserves the contempt reserved for those who are mired in and embody lies and contradictions.

Using the same meta-principle, Israel’s televised genocide has corroborated the reality of the Palestinians—their reasons for resentment and resistance—as they’ve been telling it to the world.  Excerpt from the coda:

…Palestinians under Israel are perhaps the most imperiled people in the world. If the proponents of Israel’s genocide in Gaza were to deny this; they’d be living a lie. To expose the liar’s life of lies; the denier of the Palestinian reality ought to be compelled to live his own lie. How would our holocaust denier be forced into performing or living his lie?

Like this: The denier of the Palestinian holocaust would have to be parachuted into the midst of the living ghosts of Gaza. He would be filmed as he lives the life of a Palestinian, running hither and yon as the tanks advance on him, or ducking-and-diving during bombardments from above, as if one can escape the death radius of a 2000- or 500 pound, American-made bomb.

The denier of the Palestinian holocaust would be recorded scratching for scraps, lugging jerricans of brackish, contaminated drinking water back to his nylon dwelling, clambering over kilometers of decaying structures, through ruins and twisted metal. Our camera’s viewfinder will find the denier queuing with thousands to use a single functioning toilet, plumbing having been pulverized by the Israelis. He or she would be taped up-close in the throes of dysentery, sepsis, and starvation; intubated or cannulated or amputated or C-sectioned without narcotics, writhing on a hospital floor as slippery as an abattoir, listening to the incessant whirring above of Israel’s killer-cum-spy drones.

QED. Points proven.

…THE REST was on LewRockwell.com, The Unz Review & The New American. And Power & Market at the Mises Institute, July 4.

READ IT now on IlanaMercer.com.

The new essay, “Defending Gaza (II): Israel Engaged In The Mother Of All Performative Contradictions: Denying Genocide, While Committing Genocide, Effectively Asserting A Right To Genocide,” is Part II.  It follows on, “Defending Gaza (Part I): Natural-Law Principles Vs. National-Interest Statism,” June 9, 2024

The links are legion throughout; the logic unassailable.

UPDATE VIII (7/26): Ethnocide In The West Bank. If the West Bank is increasingly looking like Gaza, it’s because it and its people are being evicted and murdered, too. The great Peter Oborne (Unscripted), on “How Israel devastated refugee camps in the West Bank since 7 October.

UPDATE VII (7/24): War Criminal In Congress. Patriot Scott Ritter, who has been fighting for his country for a lifetime: “I’d have tackled the SOB Bibi for launching a frontal assault on our people & on what makes America great: the Constitution, the 1st Amendment.” May the colluding quislings of Congress, bought and paid for by War Criminals, rot. WATCH.

UPDATE VI (July 23): LAVROV: Foreign Minister Sergey Lavrov at a UN Security Council Open Debate on the Situation in the Middle East, including the Palestinian question, New York, July 17, 2024:

… Israel is waging jointly with its American allies …. Over the past 10 months or 300 days, nearly 40,000 Palestinian civilians have been killed and 90,000 wounded. The majority of them are children and women. This is twice as many as the number of civilian victims on both sides of the conflict in southeastern Ukraine over the past 10 years. The number of civilian victims [in Gaza] over the past 10 months is twice as large as the number of civilian victims in Ukraine over the past 10 years since the state coup in February 2014. According to the Independent International Commission of Inquiry that examines violations of international human rights law, Palestinians aged below 18 make up approximately half of Gaza’s population. It means that they were born and grew up in conditions of a total blockade. Apart from the current escalation of violence, they have seen other Israeli military operations, namely Summer Rains and Autumn Clouds in 2006, Hot Winter and Cast Lead in 2008-2009, Pillar of Defence in 2012, Protective Edge in 2014, and Guardian of the Walls in 2021.
Gaza is in ruins today. Residential buildings, schools and hospitals have been turned into rubble, and the critical civilian infrastructure facilities have been knocked out of service. There is an epidemic of infectious diseases and mass hunger there. It is a real humanitarian disaster. There is no safe and reliable access to the victims and those in need amid the ongoing hostilities.

UPDATE V (7/23). BUSTED: The International Court of Justice (ICJ) Issues Momentous Advisory Ruling AGAINST Israel’s Occupation, including how these rulings must be operationalized:

“Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.”

Summary of the Advisory Opinion of 19 July 2024 is here.

Israel, moreover, is bound by this decision by virtue of being “party to several legal instruments containing human rights obligations, including the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 (CERD), the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 (the ‘ICESCR’) and the International Covenant on Civil and Political Rights of 19 December 1966 (the ‘ICCPR’).”

Some analysis is at Al Jazeera. I found Lamis Deek’s interview with George Galloway most excellent and compelling. WATCH.

(7/23/024): Palestinian beauty BELLA HADID has held strong against the genocidal forces of evil. Boycot Adidas, which caved to the Zionist lobby, which is responsible for throttling, banning, libeling and maligning all protest, written or enacted, against Israel’s genocide of Gazans.

UPDATE I: Funny tidbit regarding my essay on The Unz Review. I can’t post it on Twatter, or X, for you. The phrase used in the title, that of Jesus not mine, is considered hate speech on X. The X algorithm doesn’t discriminate between the naughty words of the putative Son Of God and those of other mortals. Banned.

UPDATE II (7/6): Categorically true. A philosopher, via Mondoweiss: “… if someone, after the horrific punishment meted out by Israel on Gaza, could still defend Israel, then this manifests a serious moral character flaw. … If you support Israel in the middle of a genocide, you’re an awful person.”

UPDATE III (7/8): IDF war criminals are trying to shed culpability. The English 972 article is milder, so I translate from the Hebrew version of the magazine, whose URL cannot be transposed here as it is in Hebrew: ‘We fired without discrimination. Often just for fun. We burned down homes. Every male between 16 and 50 was considered a terrorist, fair game. The bodies we bulldozed into ditches, so as to reduce visibility to service providers.’

UPDATE IV (7/10): The august British medical journal, The Lancet,
has awoken to its obligation to Truth:

In recent conflicts, such indirect deaths range from three to 15 times the number of direct deaths. Applying a conservative estimate of four indirect deaths per one direct death to the 37,396 deaths reported, it is not implausible to estimate that up to 186,000 or even more deaths could be attributable to the current conflict in Gaza. Using the 2022 Gaza Strip population estimate of 2,375,259, this would translate to 7-9% of the total population in the Gaza Strip. A report from Feb 7, 2024, at the time when the direct death toll was 28,000, estimated that without a ceasefire there would be between 58,260 deaths (without an epidemic or escalation) and 85,750 deaths (if both occurred) by Aug 6, 2024.

MORE.

ONLY-FOLLOWING-ORDERS DEFENSE. I’ve heard friendlies, righteous commentators, express sadness over the fact that IDF soldiers will invariably suffer from years of assorted Post-Traumatic Stress Disorders. Not so fast. With every Tik Tok upload, the IDF have proven themselves murderous and without morals. By the numbers. Here is the latest exemplar of the “most moral military in the world”:

No shortage of shameless IDF. The Nuremberg defense is invalid: “I was only following orders. I had been brainwashed.”

UPDATED (4/30) NEW ESSAY And PODCAST: Campus Kids Could Deliver Gaza From The Great & Little Satan

Anti-Semitism, Constitution, Criminal Injustice, Critique, Democrats, Ethics, Foreign Policy, Free Speech, Israel, Israeli-Palestinian Conflict, Just War, Justice, libertarianism, Middle East, Military, Neoconservatism, War

NEW ESSAY is “Campus Kids Could Deliver Gaza From The Great & Little Satan.” It was a main featured on The Unz Review, and it featured on The New American, April, 28, and
The Mises Institute’s Power & Market, April 30.

Excerpt:

American foreign policy is a museum of horrors in which Gaza 2023/2024 is the main exhibit.

It is my conviction that Gaza is much more than just one more American foreign-policy failure, an event and topic to swill around like mouth wash, spit out and move on, once the usual “tsk, tsk” bromides have been disgorged.

Uncle Sam’s usual deathly mixture of ignorance, cruelty and superiority has been exceeded with respect to Gaza. It is my belief that the United States’ open, even-energetic support for genocide is a defining event in the annals of American foreign-policy aberrations—repeatedly and vigorously vetoing UN Security Council resolutions against Israel’s atrocities, justifying Israel’s violations of the law, as well as, alternatively, pretending these violations had never occurred and making like the laws of man and the laws of God don’t apply to Israel.

This American failure is probably qualitatively different from blunders that went before. What the United States has approved in Gaza is the crime of all crimes, appallingly carried out in broad daylight.

Duly, the annihilation of a community and the landmass that supports it has been achieved. The arteries of supplies that sustain this Palestinian society are all but closed. The mass murder of members of the targeted group proceeds apace. Daily. Shamelessly. Before our very eyes. And as I write.

It is the case of the senile (Joe Biden) supporting the criminally insane (Israel).

To press my point: Mass graves are uncovered near the ruins of the Nasser and al-Shifa hospitals. Therein hundreds of Palestinians have been interred, bodies stacked, some handcuffed, others still tethered to medical tubes. The White House’s response amounts to, “Where, what, who, and how can this possibly be? Who could have done this horrible thing? Yes, we, too, want answers right away. Let’s do the forensics. Let’s ask the Israelis to look into it, shall we? See you tomorrow.”

This is not a Whodunit, you feckless, malevolent morons.

The serial killers are known to us. We know who murdered over 34,183 Palestinians and maimed an estimated 77,143. The serial killers loosed on millions of Gazans—their guns at the ready, pointed at the civilians huddled in the southern tip of the Strip—these are friends of ours. …

….THE REST: “Campus Kids Could Deliver Gaza From The Great & Little Satan” is on The Unz Review, The New American, and  The Mises Institute’s Power & Market.

RELATED PODCAST: “What Next After Genocide-By-Proxy & The Murder Of Diplomacy? The Quest For Peace“:

 

NEW PODCAST (1/25): Hermetically Sealed Indictment Of The Jewish Taliban’s Mass Murder In Gaza

America, Anti-Semitism, Argument, Criminal Injustice, Ethics, Foreign Aid, Foreign Policy, Free Speech, Israel, Israeli-Palestinian Conflict, Judaism & Jews, Just War, Justice, Middle East, Military, Morality, Natural Law, Paleolibertarianism, Political Philosophy, Reason, South-Africa

If you know in advance that your actions will cause the deaths of thousands-upon-thousands of civilians; attached to your criminal actions (actus reus) is a guilty mind (mens rea), which means malice aforethought, also known as intent, in Western jurisprudence and judicial philosophy. ~ilana

IN THE HARD TRUTH podcast, “Hermetically Sealed Indictment Of The Jewish Taliban’s Mass Murder In Gaza,” David Vance and myself hammer-out the truth together about Gaza, which is, in my opinion, not a hard thing.

Drawing on the essay, “Memory & Indictment: Today’s Jewish Taliban Not The Israel I Grew Up In,” I say that it is inarguable:

The case against Israel’s murder spree in Gaza is ethically simple, and not within the realm of opinion. It is immutable, eternal truth that, right and wrong are universal, not relative. There are no special tribal privilege clauses. Thus, like gentiles, Jews are prohibited from mass murder. The Sixth Commandment (“Thou shalt not murder”) is neither opinion, nor is it optional.

Memory & Indictment: Today’s Jewish Taliban Not The Israel I Grew Up In,” IS A WIDE-RANGING ESSAY, an intellectual and spiritual purge of sorts. It spans, by necessity, past and present, the personal and the political, the philosophical and the factual.

It “hermetically seals the indictment of the Jewish Taliban’s mass murder in Gaza.”

https://www.ilanamercer.com/2024/01/memory-indictment-todays-jewish-taliban-not-israel-grew/

Published by The New American, The Ron Paul Institute for Peace and Prosperity, and The Mises Institute, Power & Market—the essay is a First Principles deconstruction of Israel’s orgiastic murder spree in Gaza opinion.

It is thus, I propose, not opinion, but truth.

For, like the laws of logic, right and wrong are universal, not relative. There are no special tribal privilege clauses—Jews, like gentiles, are prohibited from mass murder. “Thou shalt not murder” (you can “kill,” but you cannot murder—read about the Biblical difference in the essay) is neither opinion, nor is it optional. That’s why the Sixth Commandment is called a … commandment. Immutable natural law is truth, not opinion.

What Israel has visited on Gazans and their little enclave is irreparable, orgiastic mass murder and ethnic cleansing; a blitzkrieg wherein the civilian population has been bombed, buried—dead and alive—then evicted for life.

Eviction is in accordance with an Israeli government policy plan, cited in my essay, but, alas, omitted, I believe, from the South African brief to the International Court Of Justice. I read the Jewish State’s population-eviction document in Hebrew, in English, and in incredulity.

The essay was variously titled elsewhere as follows: “Jewish Supremacism, Like American Exceptionalism, Breeds Barbarism,” “Israel’s Hamas Made Me Do It Claim Doesn’t Excuse Tel-Aviv’s Barbarism,” and an “Hermetically Sealed Indictment Of The Jewish Taliban’s Mass Murder And Ethnic Cleansing In Gaza.”

It “hermetically seals,” the case against the prosecutors and defenders of a war, “70 percent of whose casualties are women and children.” After following the contours of argument and facts, herein, not a sentient soul can say that the war on Gazans qualifies as a just war. It doesn’t even remotely abide by Saint Augustine’s “Just War Theory,” which, while imperfect, is also closer to truth than opinion. Gazans are owed reparations in perpetuity for that which is irreparable.

Brief excerpt: https://www.ilanamercer.com/2024/01/memory-indictment-todays-jewish-taliban-not-israel-grew/

“…. In truth, Israel owns the killing field that is Gaza, circa 2023/2024. The offensive it has waged on Gaza is as close to Total Warfare (a term reserved for war against any and all), as modern war has gotten.

And war against civilians is war on civilization.

Yet, all Israel has to do to make world leaders turn tail is intone psychopathically that ‘Hamas made me do it. Hamas ate my homework; I mean my conscience.’

The ‘Hamas made me murder 25,700 souls (at least) and displace two million men, women and children’ excuse-making ‘argument’ will not wash as an argument for mass murder. For one, he who offends against innocents is responsible for his offenses; not a third party. For another, …whether it is committed by decree of the one or by the will of the many; by actors within or without The State; by the designated ‘good guys’ or by the ‘bad guys’—murder of innocents is still murder. Murder by ‘democratic’ approval is also still murder, however many approve of it.

Besides, mass murder is never ‘unintentional’ when you know it is inevitable and incidental to your ‘mission.’

Annoying as they are, neither do the pitiful caches of arms, ostensibly located in hospitals, begin to justify the grotesquely disproportionate sallies against Gaza’s Al Shifa Hospital and all other hospitals, murdering patients and refugees. A hospital should never be demolished. Instead, demolish we must the demented ‘argument’ that claims for Israel a right to drop dumb bombs on Gaza’s doctors and patients. The former, apparently, are expected not only to palliate their imperiled patients, but also account for Hamas’ whereabouts.”….

What Israel has visited on Gazans and their little enclave is irreparable, orgiastic mass murder and ethnic cleansing; a barbaric blitzkrieg whereby the civilian population has been bombed, buried dead and alive, then evicted for life.

David pushes back by saying that Hamas are a terror group that should be wiped off the face of the earth. But he also emphasizes that collective punishment is always wrong. David does agree that Israel has a right to self defense but it has to be carried out with concern for the civilian Gazan population.

We appreciate a Follow at Hard Truth.

RELATED READING:

https://www.ilanamercer.com/2024/01/memory-indictment-todays-jewish-taliban-not-israel-grew/

https://www.ilanamercer.com/2023/12/gaza-vs-fallujah-barbaric-blitzkrieg-highlights-u-s-marines-superiority/

https://www.ilanamercer.com/2023/11/bibi-netanyahu-may-find-dock-hague/

UPDATED (10/21/023): Gaza And The Meaning Of Mens Rea, Malice Aforethought, Or Intent

Bush, Ethics, Foreign Policy, Iraq, Israel, Just War, Justice, Middle East, Morality, Russia, War

If you know in advance that you will be killing thousands of civilians; you have, attached to your actions, malice aforethought, or mens rea, aka intent ~ilana

From the Ukraine-Russia conflict’s inception; your columnist wrote many an essay  (https://www.ilanamercer.com/2022/03/uncle-sam-still-king-invaders-ukraine-realpolitik-wests-failure/) motivating against the Neocons, Neolibs and NATO Inching Us Closer To Nuclear War With Russia, via the Ukraine proxy war.

The rejection by Joe and his Uniparty accomplices of diplomacy, framed by myself as realpolitik, was my focus. “It’s Biblical, Zelensky,” I urged. “A Leader Who Fails To Haggle For The Lives Of His People” is a failed leader.

https://www.ilanamercer.com/2022/03/biblical-zelensky-leader-fails-haggle-lives-people-failed/

I vehemently now protest the greenlighting of the razing of Gaza by Joe Biden and his Uniparty accomplices.

About “intent,” a bedrock of Western judicial philosophy and Jurisprudence, I said the following on the Hard Truth podcast last Tues (Oct. 10)  (https://rumble.com/v3oicx4-hamas-israel-and-the-anatomy-of-state-treason.html):

If you know in advance that you will be killing thousands of civilians; you have, attached to your actions, malice aforethought, or mens rea, aka intent.

Moreover, just pretend for the sake of argument that there is no way to kill the Hamas culprits other than via a ground invasion; why-oh-why would Israel throttle the supply of water, food and power to millions of Gazans, when Israel knows this will also kill thousands of civilians indirectly?

Israel has, sadly, squandered much of the goodwill generated by the heinous, diabolical, October 7 pogrom, executed by spawns of Satan.

BACKGROUND: “Hamas, Israel And The Anatomy Of State Treason

* Screen capture credit here:
https://www.strategiccriminaldefence.com/faq/mens-rea-vs-actus-rea/

UPDATE (10/21/023): Yes, this is refreshing via Josh Paul (even though I don’t share his support for other incursions and foreign-policy “moral compromises”)—I didn’t know there were people in our bureaucracy who could speak English, much less write it and reason in it.

Paul, who worked for the Bureau of Political-Military Affairs, has resigned from this Biden-staffed bureau, because of its policy of transferring lethal weapons to be used, invariably, against civilians in Gaza. Paul recounted in interviews how he had been instrumental in drafting a cessation to arms transfers under Biden’s new Conventional Arms Transfer policy, which allegedly reconsidered “weapons sales to countries like Saudi Arabia and the United Arab Emirates over the civilian toll of the war in Yemen.”

It was the policy of Donald Trump, as this columnist’s warned, in 2018, through weapons supplies to the Saudis, to enable “our bosom buddies the Saudi’s” in their “barricading of Yemeni ports. No aid gets through her hermetically sealed ports. Yemenis are dying. Some Twitter followers twittered with joy at the sight of starving Yemeni babies, like this one. Oh well, Yemeni babies can be sinister.”

Whatever one’s political sympathies, as I wrote here above, “If you know in advance that you will be killing thousands of civilians; you have, attached to your actions, malice aforethought, or mens rea, aka intent.”

The same obtains if you are a third party, aiding and abetting the carnage that is collective punishment. These are natural, immutable laws. They attached to George Bush’s actions in Iraq. (https://www.ilanamercer.com/2002/09/why-so-many-americans-don-t-support-attacking-iraq/ The Hague ought to have long since nabbed him. They apply to the razing of Gaza following Hamas’ monstrous mass murder on October 7.