ESSAY, Update (11/6): Genocide Is A Crime, Not A War Crime: Israel Is Waging Genocide, Not

Crime,Foreign Policy,GAZA,Israel,libertarianism,Middle East,Morality,War

            

11/6/024: Humbled. Brilliant and brilliantly ethical Norman Finkelstein (@normfinkelstein), lodestar for me and millions more regarding Palestine and Gaza, explained to India Global Left, a podcast (@Indiagloballeft), https://x.com/ejmalrai/status/1854027558238441749, why the language of war does not apply to genocide, something approaching my own deduction in “Genocide Is A Crime, Not A War Crime: Israel Is Waging Genocide, Not War,” September 20, 2024.

“…Genocide is neither war nor war crime

Humbled to have approached the light in such dark days. To do my part.

9/23/024: Video of mangled Palestinian baby flesh and bone embedded in my latest essay, “Genocide’s A Crime, Not A War Crime: Israel Is Waging Genocide, Not War,” was removed by X. (The Platform formerly known as Twatter.)

You don’t have to go looking before clones of it, courtesy of the Vampire State, are shared on X:
https://x.com/Afcq1954/status/1837472434707902578

https://x.com/Afcq1954/status/1837472434707902578

https://x.com/MuhammadSmiry/status/1837455703104987502

NEW ESSAY (September 20, 2024) is “Genocide Is A Crime, Not A War Crime: Israel Is Waging Genocide, Not War.” It was a main feature on The Unz Review, and, titled “Israel’s Waging Genocide, Not War,” was featured on the Mises Institute’s Power & Market.

Genocide Is A Crime, Not A War Crime: Israel Is Waging Genocide, Not War” can now be read at IlanaMercer.com.

Excerpt:

IF it is portrayed as a war crime; genocide—the methodical, malicious murder of the many—can be dismissed as incidental to battle; a mere case of, “Oops, bad things happen in war.” You hear the last phrase all the time from Israel’s supporters, as they gush their enthusiasm for the Jewish State’s crimes.

The genocide-as-a-war-crime conceptualization provides cover and lends imprimatur for criminals and criminality. You mitigate and minimize genocide when you call it a war crime.

This is precisely the point of Israel and its co-belligerents: The purpose of framing Israel’s ongoing extermination of Palestinian society in Gaza as a byproduct of war—the same having commenced in the West Bank and East Jerusalem—is to give the impression that industrial-scale mass murder is often incidental to war. Bad things happen in the butcher’s shop of war.

But genocide—legally and morally—is a stand-alone crime; it is not a crime attached to a set of mitigating or explanatory circumstances. The Jewish State, gleefully engaged in methodical, indiscriminate mass murder, is thus a criminal entity. Perhaps not a common criminal, but, nevertheless a criminal country, a threat to the comity of nations. It doesn’t take a Carl von Clausewitz, famed Prussian general and war theorist, to figure this out.

Disquieting though this is, a better source of metaphor for Israel than von Clausewitz is Truman Capote. He is the originator of the true-crime genre, in which a real event is treated with fictional techniques and turned into a literary work of art. That Capote’s In Cold Blood certainly is.

Israel, to commandeer and paraphrase Capote, is that “rarity, a natural killer—absolutely sane, but conscienceless, and capable of dealing, with or without motive, the coldest-blooded deathblows.”

In the crime he anatomized, Capote encountered the “single-killer concept” and “the double-killer concept.” Israel comes under the nation-killer concept, given that the nation, with thumping majorities, backed the killing of Gaza. Currently, it is by a preponderance of 71 percent that Israelis support a war on Lebanon.

In any event, because it is an indefensible crime for which there are no extenuating circumstances or traditional defenses—genocide is not a war crime.

The manifestly willful attempt to destroy a society and its people is a crime for which the death penalty—execution of those involved—has, historically, been meted. The exculpatory agents of Israel’s crimes against humanity are, alas, incapable of reasoning from fact, ethics and logic. Like programmed automatons, they therefore recite a counterfactual storyline, an ideological meme.

Israel’s odious excuse-making has come to be known as Hasbara. …

In Hebrew, hasbara is the name of the verb to explain (lehasbir). It means explanation. Exculpatory constructs, assorted Hasbara, serve to coat Israel’s corporeal crimes against humanity with ideological respectability, to give these some imagined purity of purpose.

Think of Hasbara as the steady supply of bogus constructs with which to rape reality.

The facts of mass murder have been undercounted so far in a 649-page list of every Palestinian recorded killed in Israeli attacks. Two hundred and twenty-six pages of these, list the names of children 18 years and younger, including 14 pages of newborns and babies under a year old. Each name corresponds to a body, identified and interred. The last 11 pages list Palestinian elders, ages 77- to 101-years-old, all older than the country that killed them. (Via The Electronic Intifada.)

This carnage is being dismissed as a byproduct of war, executed within the matrix of Israeli “self-defense,” as Hasbara has it.

Hasbara to what end? To propagandize international audiences into sympathizing exclusively with Israel and demonizing Arabs. (+972 Magazine.)

Hasbara to dress up tiny dismembered babies, courtesy of Israel’s American baby-busting bombs, as something other than a little torso, and a miniature groin, from which a floret of baby flesh protrudes, where once a chubby little leg kicked. Watch! (https://x.com/DaniMayakovski/status/1833695316165398763. ) I am told by an expert code writer that the embed code generation for these tweets of mangled baby flesh has been disabled. Censorship down to the code in the service of Hasbara. (https://x.com/Afcq1954/status/1837472434707902578).

Hasbara to frame the specter of baby flesh peeled away to expose gleaming white bone—little bodies and minds shattered for life should they live—as the doing of a third party. “I didn’t do it,” jokes Bart Simpson in that all-American parody, The Simpsons. Hamas made me do it. CNN’s Hasbara, which ascribes an almost-attractive raffishness to IDF criminals, has it that the Occupation made Israeli soldiers commit their crimes. …

…    Having figured out, over this pixelated page, that genocide must be addressed as a crime, not a war crime, I humbly discover that I stand on the shoulders of “Raphael Lemkin.

Lemkin was … first …to put forward the theory that genocide is not a war crime and that the immorality of a crime such as genocide should not be confused with the amorality of war.” Genocide is “the gravest and greatest of crimes,” and thus dubbed “a crime against humanity,” wrote Lemkin, a Polish, Jewish human rights lawyer.

“‘The term does not necessarily signify mass killings although it may mean that,’ Lemkin explained in a 1945 article. ‘More often it refers to a coordinated plan aimed at destruction of the essential foundations’—cultural institutions, physical structures, the economy—’of the life of national groups.” (Via Mother Jones.)

Much like any good libertarian, Lemkin was a natural-rights thinker, whose reasoning about genocide—the intentional murder of the many—was derived from reasoning about the crime of homicide. Mass murder, essentially, is when “the natural right of the individual to exist” has been sundered many times over.

As to the offender: If the individual may not gratuitously and serially kill people; neither may the collective, the state, exterminate a class of people. It should make no difference as to whether the felon is a lone criminal or the “common force,” to use Frédéric Bastiat’s natural-rights nomenclature. In The Law, Bastiat writes this:

“Since … force by an individual cannot legitimately be… used against the person, freedom, or property of another individual, by the same argument, the common force cannot legitimately be used to destroy the person, freedom, or property of either individuals or classes.” …

… The complete column, “Genocide’s A Crime, Not A War Crime: Israel’s Waging Genocide, Not War,” can be read at the Unz Review, and on the Mises Institute’s Power & Market, where the essay is titled, “Israel’s Waging Genocide, Not War.

And now at IlanaMercer.com.

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