Truth and Lies about Gaza War Crimes

 

Okay, I get it: Joe Biden is upset because there is a war in Gaza, the Israelis are spearheading it (although Hamas instigated it), and the Palestinians are the victims of it (even though some people believe the Palestinians support Hamas). Plus, it’s an election year. Although Biden keeps wringing his hands and making threats in response to how the Israelis are conducting the war, he’s behaving as if Hamas had nothing to do with the war going on. Especially when it comes to accusations of war crimes, the spotlight is focused on Israel. Does Joe Biden even know what a war crime is? You can’t accuse an army of war crimes that do not exist. I thought it would be worthwhile to define war crimes and explain how they are overwhelmingly committed by Hamas, not by Israel.

But if we are going to blame groups for war crimes, we should have clear definitions for doing so:

A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.

If we study Israel’s actions, you would think that they must be committing war crimes, as Joe Biden repeatedly criticizes them. But those aren’t the facts.

He condemns them for not making “targeted attacks.” But the IDF is providing safe zones and has made targeted attacks.

He thinks they should be providing more aid or make it easier to provide aid to civilians. This is a ludicrous expectation, because additional aid will likely continue to go to Hamas. Besides, there are reasons to believe that the “civilians” are actively supporting Hamas.

He has claimed that too many of the reported 28,000 casualties have been civilians. But the Gazan agency that reports these figures is unreliable, and they don’t separate civilian counts from soldiers. So, there is no way to know just how many people have died or who they are.

He has described the attack on Gaza as “over the top,” and accused the IDF of indiscriminate bombing, which is not true. But Israel has made it clear that it plans to destroy Hamas and their tunnels. There is no easy way to proceed.

If you review every war crime in the list above, you will see that Israel has not committed any war crimes; a person could argue that “proportionality” is not being practiced, but this concept is complex and very difficult to determine, and nearly impossible to apply to the war in Gaza.

If we look at the actions of Hamas, however, we see multiple war crimes. They have committed torture (burning bodies and torturing Israelis as they raided their kibbutzim), taken hostages (from the kibbutzim and participants at a music concert), destroyed civilian property (including homes and buildings on the kibbutzim), deception by perfidy (when they promised to release hostages and reneged), wartime sexual violence (committed at the kibbutzim), and pillaging (as they ran through the homes and buildings at the kibbutzim). And I would claim that their intention on October 7 was genocide: they have made no secret of their intention to destroy Israel and its people.

*     *     *     *

You might wonder why I have focused on war crimes. After all, no legal body will probably accuse Hamas of war crimes, and Israel will disregard these types of allegations if they are issued.

First, the anti-Semites have come out in droves, crying that they are pro-Palestinian and pro-Hamas. They insist that the accusations against Hamas are lies; at some point, we can hope that the truth reaches them and sanity will reign. I also think these distinctions between Hamas and Israel are very important because for now, the world is mostly supporting Israel. But if Israel is condemned with lies, especially for war crimes they have not committed, it will make Israel’s efforts all the more difficult. Over the years they have been the victims of a mythical history, accusations of unwarranted land grabs, and anti-Semitic tropes.

Let’s keep the record straight when it comes to war crimes.

Published in Foreign Policy
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  1. Red Herring Coolidge
    Red Herring
    @EHerring

    Zafar (View Comment):

    Red Herring (View Comment):

    Zafar (View Comment):

    kedavis (View Comment):

    Zafar (View Comment):

     

    How can it be genocide if they went somewhere else but they’re still alive?

    Maybe it’s only a war crime.

    https://www.un.org/en/genocideprevention/war-crimes.shtml

    From which:

    • The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
    • For the purpose of this Statute, ‘war crimes’ means:
      1. Grave breaches of the Geneva Conventions..
      2. Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
        1.  
        2. Declaring that no quarter will be given;
        3.  
        4. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
        5.  
        6. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

    The numbering got a bit mixed up when I cut it down, but fwiw.

    Geneva is carrot or stick. You want carrot or carrot. Unlawful combatants aren’t protected by Geneva Conventions

    But civilians are. 4 year olds are civilians.

    If Hamas chooses to fight surrounded by civilians, then civilians will die. Hamas tried to blame Israel for killing people when one of their own rockets went astray. Propaganda is a big player in wars, even bigger when suckers soak it in. 

    • #61
  2. Zafar Member
    Zafar
    @Zafar

    kedavis (View Comment):

    Zafar (View Comment):

    Red Herring (View Comment):

    Zafar (View Comment):

    kedavis (View Comment):

    Zafar (View Comment):

     

    How can it be genocide if they went somewhere else but they’re still alive?

    Maybe it’s only a war crime.

    https://www.un.org/en/genocideprevention/war-crimes.shtml

    From which:

    • The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
    • For the purpose of this Statute, ‘war crimes’ means:
      1. Grave breaches of the Geneva Conventions..
      2. Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
        1.  
        2. Declaring that no quarter will be given;
        3.  
        4. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
        5.  
        6. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

    The numbering got a bit mixed up when I cut it down, but fwiw.

    Geneva is carrot or stick. You want carrot or carrot. Unlawful combatants aren’t protected by Geneva Conventions

    But civilians are. 4 year olds are civilians.

    When civilians are endangered because of the unlawful combatants, that is also the unlawful combatants’ fault.

    Sure. Also.

    • #62
  3. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    Of the verified civilian deaths that were caused by direct Israeli military action, how many were within 25 yards of a fighter? 

    • #63
  4. Zafar Member
    Zafar
    @Zafar

    Red Herring (View Comment):

    If Hamas chooses to fight surrounded by civilians, then civilians will die. Hamas tried to blame Israel for killing people when one of their own rockets went astray. Propaganda is a big player in wars, even bigger when suckers soak it in.

    sigh

    • #64
  5. kedavis Coolidge
    kedavis
    @kedavis

    DaveSchmidt (View Comment):

    Of the verified civilian deaths that were caused by direct Israeli military action, how many were within 25 yards of a fighter?

    The whole “fighter” thing seems wrong too.  Aren’t they just terrorists, no matter how many there are?

    • #65
  6. Red Herring Coolidge
    Red Herring
    @EHerring

    Zafar (View Comment):

    kedavis (View Comment):

    Zafar (View Comment):

    Red Herring (View Comment):

    Zafar (View Comment):

    kedavis (View Comment):

    Zafar (View Comment):

     

    How can it be genocide if they went somewhere else but they’re still alive?

    Maybe it’s only a war crime.

    https://www.un.org/en/genocideprevention/war-crimes.shtml

    From which:

    • The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
    • For the purpose of this Statute, ‘war crimes’ means:
      1. Grave breaches of the Geneva Conventions..
      2. Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
        1.  
        2. Declaring that no quarter will be given;
        3.  
        4. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
        5.  
        6. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

    The numbering got a bit mixed up when I cut it down, but fwiw.

    Geneva is carrot or stick. You want carrot or carrot. Unlawful combatants aren’t protected by Geneva Conventions

    But civilians are. 4 year olds are civilians.

    When civilians are endangered because of the unlawful combatants, that is also the unlawful combatants’ fault.

    Sure. Also.

    If what you see fries your brain, don’t ever study up on WWII. 

    • #66
  7. Red Herring Coolidge
    Red Herring
    @EHerring

    Zafar (View Comment):

    Red Herring (View Comment):

    If Hamas chooses to fight surrounded by civilians, then civilians will die. Hamas tried to blame Israel for killing people when one of their own rockets went astray. Propaganda is a big player in wars, even bigger when suckers soak it in.

    sigh

    Remember, we did countervalue targeting in WWII. Once Germany and Japan targeted civilians, our gloves came off. We firebombed whole cities then nuked others. We rained down tons of “dumb” bombs on cities. War is hell.   Don’t start one.  

    • #67
  8. Red Herring Coolidge
    Red Herring
    @EHerring

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    Of the verified civilian deaths that were caused by direct Israeli military action, how many were within 25 yards of a fighter?

    The whole “fighter” thing seems wrong too. Aren’t they just terrorists, no matter how many there are?

    And children who will grow up to be terrorists. Hopefully the buttwhipping will turn them against terrorism.

    • #68
  9. Zafar Member
    Zafar
    @Zafar

    Red Herring (View Comment):

    Zafar (View Comment):

    Red Herring (View Comment):

    If Hamas chooses to fight surrounded by civilians, then civilians will die. Hamas tried to blame Israel for killing people when one of their own rockets went astray. Propaganda is a big player in wars, even bigger when suckers soak it in.

    sigh

    Remember, we did countervalue targeting in WWII.

    Sure, but that doesn’t address whether it was a war crime or not.  It might have been?

    But if, as you say, war is hell and there are no rules then why bother signing things like the Rome Statute or the Geneva Conventions and then use them to prosecute people from places like Serbia? 

    Red Herring (View Comment):
    And children who will grow up to be terrorists. Hopefully the buttwhipping will turn them against terrorism.

    So far, unfortunately, Israel seems to be recruiting for Hamas (or whatever organisation comes after it) – in this generation and the next.

     

    • #69
  10. Red Herring Coolidge
    Red Herring
    @EHerring

    Zafar (View Comment):

    Red Herring (View Comment):

    Zafar (View Comment):

    Red Herring (View Comment):

    If Hamas chooses to fight surrounded by civilians, then civilians will die. Hamas tried to blame Israel for killing people when one of their own rockets went astray. Propaganda is a big player in wars, even bigger when suckers soak it in.

    sigh

    Remember, we did countervalue targeting in WWII.

    Sure, but that doesn’t address whether it was a war crime or not. It might have been?

    But if, as you say, war is hell and there are no rules then why bother signing things like the Rome Statute or the Geneva Conventions and then use them to prosecute people from places like Serbia?

    Red Herring (View Comment):
    And children who will grow up to be terrorists. Hopefully the buttwhipping will turn them against terrorism.

    So far, unfortunately, Israel seems to be recruiting for Hamas (or whatever organisation comes after it) – in this generation and the next.

     

    Why bother signing statutes when your enemies don’t follow them. If people  join Hamas, kill them.

    • #70
  11. kedavis Coolidge
    kedavis
    @kedavis

    Zafar (View Comment):

    Red Herring (View Comment):

    Zafar (View Comment):

    Red Herring (View Comment):

    If Hamas chooses to fight surrounded by civilians, then civilians will die. Hamas tried to blame Israel for killing people when one of their own rockets went astray. Propaganda is a big player in wars, even bigger when suckers soak it in.

    sigh

    Remember, we did countervalue targeting in WWII.

    Sure, but that doesn’t address whether it was a war crime or not. It might have been?

    But if, as you say, war is hell and there are no rules then why bother signing things like the Rome Statute or the Geneva Conventions and then use them to prosecute people from places like Serbia?

    Red Herring (View Comment):
    And children who will grow up to be terrorists. Hopefully the buttwhipping will turn them against terrorism.

    So far, unfortunately, Israel seems to be recruiting for Hamas (or whatever organisation comes after it) – in this generation and the next.

     

    Then, sadly, we’ll have to kill them too.

     

     

    Wait for it…

     

     

     

    “Our enemies, they’re mostly dead now…”

    • #71
  12. Zafar Member
    Zafar
    @Zafar

    kedavis (View Comment):
    Then, sadly, we’ll have to kill them too.

    I think Biden said ‘we’ too.

    • #72
  13. TBA Coolidge
    TBA
    @RobtGilsdorf

    Jerry Giordano (Arizona Patrio… (View Comment):
    There are many reports of Israelis taking hostages, though not in our major media.  The Israelis and their supporters would call them “detainees.” 

    So they are feeding Palestinians. 

    • #73
  14. Paul Stinchfield Member
    Paul Stinchfield
    @PaulStinchfield

    TBA (View Comment):

    Jerry Giordano (Arizona Patrio… (View Comment):
    There are many reports of Israelis taking hostages, though not in our major media. The Israelis and their supporters would call them “detainees.”

    So they are feeding Palestinians.

    It’s only a matter of time before we again see claims that Israel is poisoning Arab wells, putting aphrodisiacs in chewing gum to corrupt Arab girls, and making matzoh from the blood of Arab children.

    • #74
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