Gaza & Genocide

To better understand something, it’s sometimes helpful to first understand what it’s not. So, let’s start with a glorious, near-universal, human trait…the natural abhorrence to the slaughter of human beings. Rightly so! All life is precious. We soldiers see it no less so. In fact, I submit that soldiers, being tangibly/professionally connected to killing on the battlefield, might feel this abhorrence even more powerfully. And that’s a good thing.

Murder is despicable, and mass murder even more so. Mass murder is worthy of the deepest hatred and our most extreme description. And our most extreme description…the most appropriate word we have…is the word, “genocide.”

And so, we use it. And because there is tragically a lot of mass murder in the word, we use it a lot. Unfortunately, most of us use it based on our own, individual understanding of that term. We tend to use it without real definition, and the more we do that, the more we dilute the term. In a way, if we describe everything as genocide, nothing is genocide. Let’s not do that. The term, and the act, are too important to minimize.

So, what’s the alternative? Is there an actual, legal definition that applies? Yes, it’s contained in Article II of the so-called Genocide Convention of 1948. Here’s the actual language:

“[G]enocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

• (a) Killing members of the group;
• (b) Causing serious bodily or mental harm to members of the group;
• (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
• (d) Imposing measures intended to prevent births within the group;
• (e) Forcibly transferring children of the group to another group.”

So, legally proving genocide requires a specific “intent to destroy”, which is a high standard. The legal determination requires that such intent be the only reasonable inference from the facts. In laymen’s terms…that there is no other plausible explanation.

Of course, that’s tough to show, especially in combat where competing sides vie for military objectives every hour of every day.

Nevertheless, who adjudicates the responsibility of nations in cases of alleged genocide? The UN’s Int’l Court of Justice (ICJ). It has NEVER found a nation responsible for Genocide.

Similarly, who adjudicates the guilt of individuals in cases of alleged genocide? The UN’s Int’l Criminal Court. It has NEVER convicted anyone of the crime of genocide.

OK, so why all this discussion of genocide? Because there are multitudes of talking heads these days asserting that Israel is committing genocide in Gaza. Cliff Notes…the facts on the ground don’t support that conclusion, and the ICJ has not found Israel responsible for genocide. My guest on the show is a military attorney with deep experience prosecuting cases of terrorism. He is similarly experienced in the application of the Laws of Land Warfare, and is expert in the Genocide Convention of 1948. LTC (ret), Maurice Hirsch, JAG, IDF, and Director of the Initiative for Palestine Authority Accountability at the Jerusalem Center for Security and Foreign Affairs. Click on the link to her his fascinating comments: https://frontlinesoffreedom.com/show-985/