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https://scheerpost.com/2024/01/12/chris-hedges-the-case-for-genocide/

The Case for Genocide

 

The exhaustive 84-page brief submitted by South Africa to the International Court of Justice (ICJ) charging Israel with genocide is hard to refute. Israel’s campaign of indiscriminate killing, wholesale destruction of infrastructure, including housing, hospitals and water treatment plants, along with its use of starvation as a weapon, accompanied by genocidal rhetoric from its political and military leaders who speak of destroying Gaza and ethnically cleansing the 2.3 million Palestinians, makes a strong case against Israel for genocide. 

Israel’s smearing of South Africa as “the legal arm” of Hamas exemplifies the bankruptcy of its defense, a smear replicated by those who claim that demonstrations held to call for a ceasefire and protect Palestinian human rights are “anti-Semitic.” Israel, its genocide live streamed to the world, has no substantial counter argument.

But that does not mean the judges on the court will rule in South Africa’s favor. The pressure the U.S. will bring – Secretary of State Antony Blinken has called the South African charges “meritless” – on the judges, drawn from the member states of the U.N., will be intense. 

A ruling of genocide is a stain that Israel – which weaponizes the Holocaust to justify its brutalization of the Palestinians – would find hard to remove. It would undercut Israel’s insistence that Jews are eternal victims. It would shatter the justification for Israel’s indiscriminate killing of unarmed Palestinians and construction of the world’s largest open air prison in Gaza, along with the occupation of the West Bank and East Jerusalem. It would sweep away the immunity to criticism enjoyed by the Israel lobby and its Zionist supporters in the U.S., who have successfully equated criticisms of the “Jewish State” and support for Palestinian rights with anti-Semitism.  

Over 23,700 Palestinians, including over 10,000 children, have been killed in Gaza since Oct. 7, when Hamas and other resistance fighters breached the security barriers around Gaza. Some 1,200 people were killed – there is strong evidence that some of the victims were killed by Israeli tank crews and helicopter pilots that intentionally targeted the some 200 hostages along with their captors. Thousands more Palestinians are missing, presumed buried under the rubble. Israeli attacks have left over 60,000 Palestinians wounded and maimed, the majority of them women and children. Thousands more Palestinian civilians, including children, have been arrested, blindfolded, numbered, beaten, forced to strip to their underwear, loaded onto trucks and transported to unknown locations. 

A ruling by the court could be years away. But South Africa is asking for provisional measures that would demand Israel cease its military assault – in essence a permanent ceasefire. This decision could come within two or three weeks. It is a decision that is not based on the final ruling by the court, but on the merits of the case brought by South Africa. The court would not, by demanding Israel end its hostilities in Gaza, define the Israeli campaign in Gaza as genocide. It would confirm that there is the possibility of genocide, what the South African lawyers call acts that are “genocidal in character.”  

The case will not be determined by the documentation of specific crimes, even those defined as war crimes. It will be determined by genocidal intent – the intent to eradicate in whole or in part, a national, ethnic, racial or religious group – as defined in the Genocide Convention.

These acts collectively include the targeting of refugee camps and other densely packed civilian areas with 2,000-pound bombs, the blocking of humanitarian aid, the destruction of the health care system and its effects on children and pregnant women – the U.N. estimates there are around 50,000 pregnant women in Gaza, and that more than 160 babies are delivered every day – as well as repeated genocidal statements by leading Israeli politicians and generals. 

Prime Minister Benjamin Netanyahu equated Gaza with Amalek, a nation hostile to the Israelites in the Bible, and cited the Biblical injunction to kill every Amalek man, woman, child or animal. Defence Minister Yoav Gallant called Palestinians “human animals.” Israeli President Isaac Herzog stated, as the South African lawyers told the court, that everybody in Gaza is responsible for what happened on Oct. 7 because they voted for Hamas, although half the population in Gaza are children who are too young to vote. But even if the entire population of Gaza did vote for Hamas this does not make them a legitimate military target. They are still, under the rules of war, civilians, and entitled to protection. They are also entitled under international law to resist their occupation via armed struggle.  

The South African lawyers, who compared Israel’s crimes with those carried out by the apartheid regime in South Africa, showed the court a video of Israeli soldiers celebrating and calling for the death of Palestinians – they sang as they danced “There are no uninvolved civilians” – as evidence that genocidal intent descends from the top to the bottom of the Israeli war machine and political system. They provided the court with photos of mass graves where bodies were buried “often unidentified.” No one – including newborns – was spared, the South African lawyer Adila Hassim, Senior Counsel, explained to the court.

The South African lawyers told the court the “first genocidal act is mass killing of Palestinians in Gaza.” The second genocidal act, they stated, is the serious bodily or mental harm inflicted on Palestinians in Gaza in violation of Article 2B of the Genocide Convention. Tembeka Ngcukaitobi, another lawyer and legal scholar representing South Africa, argued that “Israel’s political leaders, military commanders and persons holding official positions have systematically and in explicit terms declared their genocidal intent.”

Lior Haiat, spokesperson for the Israeli Ministry of Foreign Affairs, called Thursday’s three hour hearing one of the “greatest shows of hypocrisy in history, compounded by a series of false and baseless claims.” He accused South Africa of seeking to allow Hamas to return to Israel to “commit war crimes.” 

Israeli jurists, in their response on Friday, called the South African charges “unfounded, “absurd” and amounting to “libel.” Israel’s legal team said it had – despite U.N. reports of widespread starvation and infectious diseases from a breakdown in sanitation and shortage of clean water – not impeded humanitarian assistance. Israel defended attacks on hospitals, calling them “Hamas command centers.” It told the court it was acting in self-defense. “The inevitable fatalities and human suffering of any conflict is not of itself a pattern of conduct that plausibly shows genocidal intent,” said Christopher Staker, a barrister for Israel.

Israeli leaders accuse Hamas with carrying out genocide, although legally if you are the victims of genocide you are not permitted to commit genocide. Hamas is also not a state. It is not, therefore, a party to the Genocide Convention. The Hague, for this reason, has no jurisdiction over the organization. Israel also claims the Palestinians are warned to evacuate areas that will come under attack and provided with “safe areas,” although as the South African lawyers documented, “safe areas” are routinely bombed by Israel with numerous civilian casualties.

Israel and the Biden administration intend to prevent any temporary injunction by the court, not because the court can force Israel to halt its military assaults, but because of the optics, which are already disastrous. The ICJ’s ruling depends on the Security Council for enforcement – which given the veto power by the U.S., renders any ruling against Israel moot. The second objective of the Biden administration is to make sure Israel is not found guilty of committing genocide. It will be unrelenting in this campaign, heavily pressuring the governments that have jurists on the court not to find Israel guilty. Russia and China, who have jurists in The Hague, are battling their own charges of genocide and may decide it is not in their interests to find Israel guilty.

The Biden administration is playing a very cynical game. It insists it is trying to halt what, by its own admission, is Israel’s indiscriminate bombing of Palestinians, while bypassing Congress to speed up the supply of weapons to Israel, including “dumb” bombs. It insists it wants the fighting in Gaza to end while it vetoes ceasefire resolutions at the U.N. It insists it upholds the rule of law while it subverts the legal mechanism that can halt the genocide.  

Cynicism pervades every word Biden and Blinken utter. This cynicism extends to us. Our revulsion for Donald Trump, the Biden White House believes, will impel us to keep Biden in office. On any other issue this might be the case. But it cannot be the case with genocide.

Genocide is not a political problem. It is a moral one. We cannot, no matter what the cost, support those who commit or are accomplices to genocide. Genocide is the crime of all crimes. It is the purest expression of evil. We must stand unequivocally with Palestinians and the jurists from South Africa. We must demand justice. We must hold Biden accountable for the genocide in Gaza.

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https://www.jonathan-cook.net/blog/2024-01-11/uk-chief-rabbi-war-crimes-gaza/

UK’s chief rabbi gives his blessing to war crimes in Gaza

Britain’s chief rabbi, Ephraim Mirvis, spoke at a public event at a synagogue last Sunday to extol the “outstanding” performance of the Israeli military in Gaza. He did so days before South Africa argues its case before the International Court of Justice in The Hague – starting today – that Israel is committing genocide in the enclave.

Whether Israel is eventually found to be perpetrating genocide may prove more a political decision than a legal verdict, given the pressures on the 15 judges from their respective national leaderships.

But it is indisputable that Israel has committed war crimes and crimes against humanity in Gaza. It is known to have killed more than 23,000 Palestinians, most of them women and children, and seriously wounded tens of thousands more. It has driven from their homes the overwhelming majority of the enclave’s population of 2.3 million – that is, Israel has ethnically cleansed them.

Israel has repeatedly bombed the “safe zones” to which it has ordered civilians to flee, as well as critical infrastructure such as hospitals, schools, mosques, churches and bakeries. It has imposed a “complete siege” that is denying food, aid and medicine, leading to mass starvation and the spread of lethal disease.

Video footage has shown Israeli soldiers in Gaza gleefully smashing up shops; strippingPalestinian men and boys to their underwear; and shooting civilians, including women, in the street as they carrying white flags. Soldiers even executed three of Israel’s hostages trying to escape captivity and surrender with an SOS sign.

Yet Britain’s chief rabbi, the face of Judaism in the UK, has raised his voice to call all of this “the most outstanding possible thing”. He has gone further: he has described the troops committing these crimes “our heroic soldiers” and revealed that his own son, Danny, is assisting with the attack on Gaza in the Israeli military. He has said he is “immensely proud” of him.

Mirvis could have chosen a form of weaselly words of the kind Israel’s apologists more typically deploy. He could have argued that the Israeli military was carrying out its task in Gaza as best as it could in near-impossible circumstances. That the Palestinians killed in Gaza were unfortunate collateral damage as the Israeli military sought to eradicate Hamas.

But he didn’t. He called the undoubted war crimes being carried out over the past three months “the most outstanding thing”.

There are several points to note about his remarks:

1. For any public figure, Jewish or otherwise, to call atrocities committed by the foreign power of Israel “outstanding” reflects a worldview that utterly dehumanises Palestinians and is ready to incite war crimes against them. Even were the Hague court not to rule that genocide is taking place, Mirvis has clearly incited to crimes against humanity.

2. As the effective head of British Judaism, Mirvis is giving religious sanction to the carrying out of war crimes. Many of the soldiers in Gaza – a significant proportion of them religious – will now have reason to believe that the crimes they and their army have been committing over the past three months are blessed, that their mission is divinely ordained. In short, Mirvis has implied that killing Palestinians is God’s work.

3. In referring to “our heroic soldiers”, Mirvis has conflated the Jewish people with Israel. Those soldiers are not British soldiers. They are not Jewish soldiers. They are Israeli soldiers. Were you or I to do this – to suggest Jews are behind the atrocities being committed in Gaza, not a foreign national army – we would rightly be called antisemites. And for good reason. Because when you confuse the identifiers “Jewish” and “Israeli”, you tar all Jews everywhere, including in the UK, with the crimes being committed by Israel against Palestinians. You make all Jews responsible for atrocities. And you thereby make them the target of antisemitic hate crimes by those who fall for this malicious conflation. So in other words, Mirvis now has not only Palestinian blood on his hands but potentially Jewish blood too. His words may inspire attacks on Jews.

4. There is something deeply ugly – maybe sinister would be a better word – that Mirvis’ religious incitement to crimes against humanity (and very likely genocide) is viewed as entirely unremarkable by our establishment media and politicians. And yet a slogan calling for equality between Palestinians and Israelis is systematically misrepresented by these same actors to suggest it is somehow genocidal. “From the river to the sea, Palestinians will be free” is a demand to end Israel’s unified system of apartheid across both Israel and the occupied Palestinian territories, a system that assigns Israeli Jews and Palestinians entirely different rights. Reversing that can be viewed as genocidal only if you imagine that Israelis will fight to the death to stop Palestinians gaining equal rights. It reveals far more about the mindset of those who believe the slogan is genocidal than any evil intent of those chanting what is a call for liberation. That mindset is on full display in the atrocities Israel is committing in Gaza, cheered on by Jewish leaders like Mirvis.

5. Britain has a Prevent strategy whose official aim is “to reduce the threat to the UK from terrorism by stopping people becoming terrorists or supporting terrorism”. In practice, the strategy is the British state’s attempt to stigmatise the Muslim community as a pool of potential terrorism recruits, surveill their community organisations, and weaken legal protections against arrest and conviction. The stated concern is that Muslims are being “radicalised” by extremist imams in their mosques – rather than by the extreme events they see, such as genocide unfolding in Gaza.

Mirvis has shown beyond doubt that extremist preachers are to be found not just in mosques but in synagogues too. If the government is really using Prevent to end support for terrorism, it needs to apply the strategy even-handedly. Killing and seriously wounding some 100,000 Palestinians – roughly one in every 20th person in Gaza – and making almost of all the population homeless, destitute and starving surely ranks as state-organised terrorism, whether or not the court eventually rules it amounts to genocide.

Extremist preacher

The context is that for many years Mirvis chose to study and live in Israel’s illegal West Bank settlements, where Jewish extremists regularly terrorise Palestinian communities to drive them off their land. He raised at least one of his children to choose to serve in an army terrorising and ethnically cleansing Palestinians in Gaza. Mirvis considers the soldiers committing war crimes to be “our heroes”.

In 2017 Mirvis endorsed the fanatical Jewish settlers – Israel’s equivalent of white supremacists – on their annual march through the occupied Old City of Jerusalem. Every year on that march, most of the participants are recorded waving masses of Israeli flags at Palestinians who live there and chanting “Death to the Arabs”. One Israeli newspaper columnist describes the Jerusalem Day march as a “religious carnival of hatred”. But Mirvis celebrates it.

A further point. Despite the fact that, judged by any reasonable standard, Mirvis is an extremist and holds views that should be repellent to any decent person, he is held in high esteem by the British establishment, including its media.

One can understand why. In late 2019, days before the UK general election, Mirvis publicly accused the leader of the opposition, Jeremy Corbyn, of being unfit for high office because he supposedly indulged and promoted antisemism in the Labour party. The British establishment had spent years cultivating this evidence-free smear.

Mirvis argued that “the very soul of our nation is at stake” in Britain’s election. He thereby effectively called on British Jews and the British public to vote for the government.

It was an unprecedented act of electoral interference that was reported reverentially by the British media. Both the fact that Mirvis sought to influence the vote with a deception and that the establishment media colluded with him in doing so should have been shocking, even at the time. But Mirvis’ latest remarks provide additional context. Because it is Rabbi Mirvis – not the antisemites – who is quite happy to flaunt his dual loyality. Those soldiers are apparently “ours”.

So the question is this: which nation was Mirvis actually referring to when he warned shortly before the 2019 election that “the very soul of our nation is at stake”? The British nation whose religious Jews he supposedly represents, or the Israeli nation that is currently ethnically cleansing and murdering Palestinian men, women and children?

Mirvis, it seems, just gave us his answer.