Jews and Genocide

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An audio commentary: http://www.radio4all.net/index.php/program/82622

 A sort of companion piece to the article “The Refugee Crisis and the New Holocaust” which explores the political misuse of Holocaust exceptionalism and Judeocide exceptionalism to mask the genocidal nature of empires past and present.

link to mp3: https://archive.org/download/20150908JewsAndGenocide/20150908Jews%20and%20Genocide.mp3

Partial transcript with hyperlinks:

Jews and Genocide

Zionists like to lay special claim to the term genocide on behalf of all Jews, but now anti-Zionists have taken to supporting this. Some anti-Zionists and supposed anti-imperialists have repeated the false claim that the term was invented to denote the killing of Jews. The only reason that I can see for this is to maintain a false image of genocide as an act of exceptional villains. In fact genocide is a normal behaviour of imperial and colonial powers. Despite many attempts to rehabilitate empires as being on some level noble – all imperial and colonial projects are inescapably genocidal.

However, a number of Jewish nationalist ideologues claim that the only true genocide was that carried out by the Germans against Jews. These people are called “Holocaust exceptionalists”, and their claims are broadly understood by genocide scholars as being nonsense supported by falsehoods. It is fair to surmise that Holocaust exceptionalists are generally ardent Zionists. That is why I have been alarmed to see their most central and fundamental lie being spread by anti-Zionists, anti-imperialists, and antiwar writers. That lie is the idea that the word genocide was ever in any way meant to be a way of describing Judeocide in particular.

One writer went so far as posting that the word genocide “was invented… in order to stress the difference between murdering Jews and killing lesser breeds.” This lie is so easy to disprove that it is laughable. Anyone can spend 30 minutes reading Chapter 9 of Raphael Lemkin’s Axis Rule in Occupied Europe (which can be found here) and they will know that there is no way that Lemkin meant the “genocide” term to be exclusively applied to Jews or to the Judeocide that was happening even as he wrote.

When people refuse to accept or even to re-examine a demonstrably false claim it is because it is an essential foundation of a much larger lie. For Zionists the obvious need is to make Israel morally immaculate and incapable of doing wrong. Holocaust exceptionalists have to perform serious mental contortions to avoid confronting the fact that genocide was not intrinsically related to Judeocide, but apparently the Zionists are not alone in this. When I have tried to correct others on this issue I am met with resounding silence and even censorship. The question is why don’t these antiwar and anti-Zionist people want to face up to a very simple truth? What do they have to hide? Or what are they hiding from?

Genocide is an incredibly important word. That is the reason that the meaning of the word is suppressed. It is a term, like “terrorism”, that is thrown around with great passion by people who would never in a million years be able to explain what they actually mean when they use the term.

Many people bandy the term genocide about with great emotion and no thought. However, there are also people who scorn others for inappropriately using the term when they too would be completely incapable of giving a real definition. The whole discourse between these two sides is even more idiotic than the sum of its parts because it is like a debate without any reasoning. The conflict is invariably between a party who believes that it is a badge of passion, courage and moral engagement to claim that something is genocide, and another that believes labelling something as genocide is premature, rash, irrational, partisan or lacking in scholarly standards.

Unacceptable Ideas

You might wonder how this widespread idiocy came to pass. It is very simple. At the end of World War II a traumatised world wanted to know how the events they had lived through had come to pass. They wanted to criminalise the German and Japanese leaders and they wanted to understand what had led these societies to cause such violence. People wanted to understand this as criminality and pathology. But there were two areas into which inquiring minds might wander which were metaphorically signposted with skull-and-crossbones and the legend “STAY OUT!”

The first area relates to the war that had just been. The victors in this “Good War” were in reality drenched in the blood of the innocent and that was a very delicate matter. We have just passed the 70th anniversary of the bombings of Hiroshima and Nagasaki, and there is still a suppression of the fact that those bombings were not military in intent. They were not aimed at winning the war against Japan. Nor was the even more deadly campaign of firebombing that preceded the atom bombs. In fact most of the “strategic” bombing carried out by the US and UK in World War II was simply mass murder of civilian populations, and it was militarily counterproductive – a misuse of resources that hindered military progress. I could illustrate this in detail, but let me try to save time and effort by using a comparison. The Soviet Union produced more armaments than anyone else in the war. They did not build bomber fleets to bomb German cities. To do so would have been an unthinkable, nigh suicidal, waste of resources. The Western Allies had the luxury of wasting their most valuable materiel and personnel on a project of mass murder, but the underlying strategic calculus is the same – it was militarily counterproductive.

With the deaths of millions of civilians weighing on the consciences of leaders and on the collective conscience of the people’s who had fought against the greater evil of Axis, the last thing anyone would want would be the suggestion that the actions of the Allied leaders in killing civilians were in some intrinsic and essential way linked to the atrocities committed by Japan and Germany. Both collectively and individually, both consciously and unconsciously, people knew not to explore any notion that would suggest that mass killings of civilians by Allies had any fundamental and immutable connection to the mass killings of civilians by Axis powers.

This is best summed up by Justice Robert Jackson’s opening statement at the Nuremberg Trials, “…the record on which we judge these defendants today is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well.” Please note that he is not talking about a future trial of a future regime, but the way “history” will judge “us” – meaning Jackson and his contemporaries. The discourse of aggressive war that was created at Nuremberg was closely and precisely shaped to construct a crime of which the Germans were guilty but of which the Allies were not. That is why Hermann Göring at times shouted out “What about Hamburg?” and “What about Hiroshima?” Göring knew that wasn’t a legal defence in and of itself, he was trying to fracture the narrative framework with which his prosecutors and judges legitimated themselves.

And then there is another no-go area – another place from which the collective consciousness (and most individual consciousnesses) shied away in fear. In addition to avoiding any suggestion that Axis atrocities might bear any resemblance to the Allied habit of incinerating innocent human beings by the tens of thousands, it was also imperative that there be no suggestion whatsoever that Japanese and German conquest and occupation might in any way resemble the colonial and imperial policies of Britain, France and the US.

The Frightening Truth

To be very clear: the Allies killed millions in World War II, but the Axis powers killed tens of millions. Within reason, aggression can justly be called “the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” Thus, to suggest that there is a moral equivalence between Axis and Allied crime is not really acceptable. (It is equally unacceptable to claim a moral equivalence between Nazi crimes and those of Communist regimes in the USSR or China).

That said, however, the atrocities that the Germans and Japanese committed against the peoples of Europe and Asia inevitably resemble the crimes of other colonising and imperially hegemonic powers. Both of these Axis powers, along with Italy, consciously wanted to repeat the imperialist and colonialist conquests of the British and French. The difference is that with changes of technology the intensity and speed were unprecedented. What would have been 50 years of killing for the British Empire was squeezed into 5 years. Yet the principle was the same, and I cannot help but think that the main reason that people saw a moral distinction between German imperial expansion in Europe and, say, British expansion in Africa was that most of the victims of the Germans were White.

Meanwhile policies of deliberately and systematically killing civilians came to dominate the so-called “strategic bombing” of the UK and US during the war. They too bore chilling similarities to the policies of mass killing pursued by the Germans and Japanese. Eric Markusen and David Kopf published a book called The Holocaust and Strategic Bombing which documents parallels in the way the Germans and the Western Allies were justifying ever greater mass killings with pretensions of clinical detachment and inevitability, along with eerily similar euphemisms – such as the German “evacuation” and the British “dehousing”.

The fact is that there is an essential and fundamental connection between the actual extermination of peoples, such as the Aboriginals of Tasmania, the “hyperexploitation” such as lead to millions of deaths at Potosí and 10 million in King Leopold’s Congo, and the social and cultural destruction accompanying the economic and political subjugation of imperial or neocolonial domination. Within that framework there are also practices of ethnic cleansing and of any systematic attempt to reduce a non-military population through killing, preventing births, or reducing material wellbeing to lower lifespans.

The Germans did, or attempted to do, all of the above to various peoples under the Nazi leadership of the “Third Reich”. In many ways this project was inchoate and even contradictory, and yet viewed from enough distance it had a distinct singular form. One man, Raphael Lemkin, saw it and recognised in it “a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups.” He called that “genocide”.

Disney Genocide

Lemkin had a profound insight which had three things in common with other fundamental changes in paradigmatic thinking. The first is that it had a long gestation. Lemkin didn’t just base his idea on German policies under Hitler, he had been researching and thinking about these issues since he was a teenager nearly three decades earlier. He was horrified by the Armenian genocide and spent his early adulthood trying to understand and encapsulate that violence, with the particular aim of making it an “international crime”.

The second is that its significance was much greater than the originator himself understood at the time. Later, Lemkin himself, much to the detriment of his career and political standing, made a clear link between genocide and settler-colonialism. He spent a great deal of his time writing about the genocidal destruction of indigenous peoples in the Americas. In my opinion he did this despite wishing to think the best of his new home in the United States. Had he lived longer he would have been forced to confront the fact that imperialism is inherently genocidal even when it is not engaged in settler colonial expansion. Rather than seeking to impose the “national pattern” of the imperial centre it seeks to impose an “imperial pattern” which is equally alien to the victim group but which also cements their subjugation in an ethnoracial imperialist hierarchy. This is achieved with exactly the same social, political, cultural and economic destruction and the same forced displacement, concentration and mass killing that characterises settler-colonial genocides. This is true regardless of whether the empire is predominantly formal, informal, or neocolonial.

The third thing that happens when new revolutionary ideas arrive is that people try to cling on to outmoded beliefs and ways of thinking. They are resistant, and in the case of genocide this resistance has been nourished by political interests and given a fertile discursive medium by the historical experiences of the internal and external relations of Germany’s Third Reich. The nature of genocide was obscured from the very genesis of the term by a strident and loud imagery of Nazi exceptionalism.

An exceptionalist emphasis was one of two opposing reactions to the unprecedented suffering inflicted on the world by the Nazi regime. The other emphasis was to try to understand what conditions had led to members of our species doing or allowing things that seem to be unvarnished evil from the outside. A lot of good and bad things came out of line of thought, but I would argue that it greatly profited societies to think of the German experience as one to be studied and avoided. It is from this tradition, which is always at least partly relativistic, that sprung concepts like Hannah Arendt’s “banality of evil” and our understanding of the psychology of authoritarians. I think that a very frightening aspect of contemporary life is that our understanding of these Nazi traits fades, and as the understanding fades the traits themselves become more and more manifest in ever more shamelessly inhuman official discourse. Two recent examples being the US “Law of Warfare” field manual which authorises the killing of journalists and the West Point professor who wants the military to kill lawyers and scholars who oppose US military actions to the list of targets – not to mention attacking mosques and various other enemies of US military freedom.

In contrast to those who sought deeper understanding of Nazism, all forms of exceptionalism involve taking supposedly unique aspects of something and presenting them as essential and defining characteristics. This vastly overstates the substance of those aspects that are claimed as being exceptional and, if accepted, makes comparisons impossible. This exceptionalist approach can be seen in the famous Disney wartime propaganda film “Education for Death”. It is understandable that there was a desire to dramatise the oppressive and invasive nature of the Nazi regime, but it encapsulates a fetishistic approach that is literally a cartoon version of reality. As propaganda this is to be expected, but after the war it is not as if people said to themselves: “Now that that is over I need to take a more nuanced view of the National Socialist government in Germany if I am to truly grasp the nature of that regime and its atrocities.”

The danger of exceptionalist narratives is that they deny context and refuse to allow comparisons. The upshot of this is that people emphasise the wrong things in the fetishistic and cartoon manner which I mentioned. Thus US exceptionalists create a fetish out of surface aspects of their constitution that they are formally and informally indoctrinated at a young age to view as essential parts of “democracy”. In reality, the excessive focus and attention then given to the “democratic” nature of US governance actually makes it far easier for undemocratic power relations to develop and entrench themselves.

Similarly, an exceptionalist narrative about Nazi Germany emphasises surface appearances and destroys any ability to learn and to avoid repetition. To use a reductio ab Hitlerum analogy, it is like saying that everything will always be okay as long as the highest political office is not occupied by a man with a funny moustache.

 

Holocaust Exceptionalism

Here is a multi-choice question:

The US has just won a war against the forces of darkness embodied by Germany and Japan. There is a new word around called “genocide”. Are you inclined to think that this word means a) what Hitler did to the Jews, b) what Hitler did to the Jews and what was done to the indigenous people of North America in order to create the US – illustrate your answer with reference to the screen appearances of John Wayne.

Clearly no ordinary citizen of the victor states would want to think that the crime of genocide, which saw millions of Jews systematically murdered, was a very prominent part of their own proud national heritage. Canada, Aotearoa, the US, and Australia didn’t want to see their origins as stained by comparison to the roving mass-murders of the Einsatzgruppen. The USSR didn’t want to see the Terror Famine in Ukraine or Stalin’s ethnic cleansing transmigrations as bearing any resemblance to the Camps in which so many of their own died. And the old imperial powers, France and Britain, didn’t want to see their bejewelled traditions of civilising hegemony equated in any way to gassing children.

In the fertile ground of Nazi exceptionalism that was already established it was inevitable that Holocaust exceptionalism take root, not just as the explicit belief of hardliners, but also as the default starting point for general layperson’s discourse. The base belief is that the Holocaust is the defining archetype of what genocide is and that other events are “genocidal” to the extent that they can be compared to the Holocaust.

What is this Holocaust that they are talking about? Part of the problem is that this is an extremely slippery concept. The real problem is that people don’t want a robust definition of the Holocaust. They want to be able to know what it is without having to cogently delineate that knowledge. For most people the Holocaust is emotive but vague. It is misunderstood not in the manner that one might misunderstand historic events like the War of the Roses or the reign of Emperor Qin Shi Huang, but rather the impressionistic imagery is so powerful as to drown out actual detail. This is understandable, but still regrettable.

The Holocaust is so overwhelming that a film like Schindler’s List had to be made in monochrome because even the sombre and washed-out cinematic tones that are conventionally used for Eastern Europe in World War II are insufficient for an actual concentration camp. Genocide is literally made to be black-and-white. Our sensitivities to the issue are so high that misters used to cool visitors to Auschwitz today caused an international outcry because they were reminiscent “the Holocaust showers” (as one news bulletin called them). There were, of course, no actual “Holocaust showers”. The realities are not any less horrifying than the nightmare images, but they are more complicated. In fact, the realities are more horrifying than the symbolic beliefs, and once you know them you can’t unlearn them. That is why people create a totemic imagery of the Holocaust. They can feel all of the horror, grief and outrage without the crippling depression. Most of all, they don’t feel the burden of obligation to end suffering. Instead, steeped in the dark cartoon visions of “Holocaust showers”, they are more able and more likely to inflict suffering because they are artificially separating the suffering of certain human beings from other members of the same species.

The symbolic or cartoonish approach to conceptualising the Holocaust has the advantage that you do not have to be categorical about something to make it a defining character. It is possible to retain the notion that the Holocaust is encapsulated in the conspiracy of the Final Solution, in the Judeocide, and in the gas chambers of death camps. Everything that is not part of that vision is either forcibly incorporated or essentially ignored.

To clarify my point, let me draw your attention to the role of a) gas chambers and b) the Final Solution. These things are synonymous with genocide in most people’s minds, but Lemkin never included them in his description of genocide for the very simple reason that he didn’t know about them. Moreover, if these things had not existed it might have meant that many more Jews would have survived in relative terms, but most European Jews would still have been killed by the genocide policies that Lemkin described. Those Jews who died were joined by many millions of others who died as a result of genocide. The Final Solution and the gas chambers are clearly linked to genocide in that they are a way of enacting genocide that is entirely consistent with the logic of genocide take to its greatest extreme – that of extermination. These things are linked to genocide, but they do not typify let alone embody genocide.

The end result is that the paradigmatic exemplar of genocide, the Holocaust, is a misrepresentation of itself, let alone genocide as a whole. For some that means that the Holocaust was the only genocide. For most, however, it means that when one decides to use the “g-word”, one constructs the newly acknowledged genocide as being a reflected image of that mythologised Holocaust. By maintaining that exceptionalist purity one never needs to accept something as genocide if one does not want to. In fact, people can get very angry when someone labels something genocide on the basis that to do so is to accuse the perpetrator of being as bad as the worst atrocities of German mass murder. Conversely you can appropriate the imagery of the Holocaust for anything you don’t like, particularly if you can label it anti-Semitic. In an extreme example a man was filmed at a rally opposing the “Iran nuclear deal” recently where he yelled that Obama was releasing money to “the terrorist Nazi regime which is building nuclear gas chambers!”

 

Kelly’s Law

If you are attempting establish the moral validity of acts by refuting any comparison to Hitler’s acts, you are defending the indefensible.

Most readers will probably be familiar with Godwin’s Law: “As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches”. The most common corollary is that the party that makes the analogy has lost the argument. It is dated now, and perhaps it was always more inclined to be used against critical thought than to promote it. I propose instead that what we need now is a “law” that states that if you are attempting establish the moral validity of acts by refuting any comparison to Hitler, you are defending the indefensible. This is true whether the reaction is the gut reaction of an Israeli who spits and yells with genuinely distraught anger at the suggestion that Israel is committing genocide; or whether it is the snide put-downs of a pundit, politician, bureaucrat or academic who sneers at those who claim that the US or UK or France has committed genocide.

The corollary of Kelly’s Law is that not only must the person refuting the Hitler comparison be defending the indefensible, but they are almost certain to be demolishing a straw man in doing so. To say that someone has committed genocide is not the same as saying that they are morally equivalent to Hitler in the same way that saying the we evolved through processes of natural selection is not the same as calling someone a monkey. For example, in his book Empire Niall Ferguson first himself compares the actions of British forces during the Indian Mutiny to those of the SS against Jews, but then concludes that the British weren’t actually as bad as the SS as if that somehow makes things better.

Nazi exceptionalism and Holocaust exceptionalism are the gift that keep on giving. As long as you avoid building death camps with giant gas chambers and crematoria then you can incinerate and starve hundreds of thousands. It is like teflon coating for genocide perpetrators. It shields them from all serious accusations of intentional wrongdoing because any attempt to suggest a systematic purpose behind Western mass violence is delegitimised as being an invalid attempt to equate our leaders with the Nazis. I fear that this will continue until the point where it Western governments, particularly the US, actually do become the moral equivalent of the Nazis – and that moment does get closer over time.

A New Holocaust

People don’t want to face up to the reality of genocide, because they will then have to admit that Western states are committing massive acts of genocide right now. The Western interventions most apparent in the Middle East, Africa and Central Asia have created mass destruction and mass death.

The tempo of violence that exists now does not even match that of the bombing during the Korean War, let alone the enormous scale of violence of World War II. However, this violence never ends. It seems destined to continue for eternity and the scale of death continues to creep upwards. Western interventions of many types have sowed conflict and instability and they keep tearing at these open wounds, often blaming the victims. I cannot shake the feeling that if Germany had not been at war, Nazi genocide policies would have been enacted at the same slowly accumulating pace.

The destruction and the violence are often meted out by enemies of the United States, but I think people are beginning to grasp that to greater or lesser extents the US is often the creator and sponsor of these enemies. Moreover these enemies are often materially dependent on the US either directly or through allied regimes. That is the new reality, or at least one of the new realities. Lemkin’s understanding of genocide was of disparate acts that could only be related to each other when you grasped the underlying strategic reasoning,

That is why anti-Zionists are embracing Holocaust exceptionalism. Israel provides such easy cartoon villains, Netanyahu and a cabinet of political colleagues that seems unable to go two months without a minister openly calling for the extermination or ethnic-cleansing of non-Jews. They might as well have a leader with a funny moustache. It is facile and comforting, but it is stupid. Israel does not have the power to effectuate all this destruction, nor does it control the US. Everything the US has done has followed a trajectory it has clearly been on since 1945. Trying to explain it current genocidal actions is like trying to explain the trajectory of a cannonball by a stiff gust that arose during its flight without any suggestion that there might have been a cannon involved at any point.

The Refugee Crisis and the New Holocaust

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The world has suddenly realised that there is a “refugee crisis”. There are more refugees now than at any time since World War II. The number has grown three-fold since the end of 2001. The problem is treated as if it arose just recently, but it has been a long time coming. The pressure has been building and building until it has burst the dams of wilful ignorance.

Death and despair has migrated to the doorsteps of Europe. But tens of millions of people do not simply abandon home and native land for an insecure dangerous future of desperate struggle. The forces that have created this crisis are massive and historic in scale. People are now confronted with a tiny fraction of the horrors that have been visited upon millions and millions in the last 14 years. The refugee crisis is merely a symptom of the far greater and far more brutal reality. This is not just a “current crisis” to last a dozen news cycles, and it will not be resolved by humanitarian support.

The current crisis is similar in magnitude to that of World War II because the events causing it are nearly as epochal and momentous as a World War. Those who leave their homelands now face much greater peril of death than asylum seekers faced 20 years ago, yet despite this their numbers have swollen to the tens of millions.

The crisis has been caused by a new Holocaust, but it is one we refuse to acknowledge. The facts of the mass violence and mass destruction are not hidden. We can see the destruction and death that follows Western intervention, but we have been living in wilful ignorance and denial, just as the Germans denied the obvious fact and nature of German genocide. We don’t want to understand. However, like the Germans under Nazism, our self-serving ignorance is nurtured and magnified by a propaganda discourse that is in our news and entertainment media, and also in our halls of education and the halls of power.

We do not understand the genocidal nature of US-led Western interventions because we do not understand the nature of genocide. We have allowed Zionist and US imperialist elites to dictate that genocide be understood through a lens of Holocaust exceptionalism, Nazi exceptionalism, and Judeocide exceptionalism. But genocide was never meant to be specifically Nazi nor anti-Semitic in nature. The word “genocide” was coined by a Jew, Raphael Lemkin, but was never intended to apply specifically to Jews. It was meant to describe a strategy of deliberately visiting violence and destruction on “nations and peoples” as opposed to visiting it on armies. Lemkin wrote a great deal about genocide against the native people’s of the Americas, but that work went unpublished.

The truth is that there is widespread genocide in the Middle East, Africa and Central Asia. A new Holocaust is upon us and the refugee numbers are the just tip of a genocidal iceberg. By bombing, invading, destabilising, subverting, Balkanising, sanctioning, corrupting, indebting, debasing, destroying, assassinating, immiserating and even enraging, the US has led “a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups….” That is where tens of millions of refugees have come from, but we refuse to see the fact of coordination. We blind ourselves to clear indications of Western agency and intentionality. We twist ourselves in knots to avoid seeing coherence or any pattern in US foreign policy. We are blinded by nonsense from pundits about party-political rhetoric and power struggles in DC, and we ignore the monolithic elephant of coherent imperial strategy that is threatening to crash through the floor and destroy the room altogether.

Westerners don’t want to face the truth of what their governments are doing – particularly NATO governments, and the US government most of all. The millions who died in Iraq were victims of a genocide that was intended to kill Iraqis in such numbers. The victims were not incidental to some other project. The same was true in Korea and Viet Nam, but it is also true in Syria, in Libya, in Yemen, in Somalia, in the DR Congo, and in many other places. The destruction, the death, the misery and the chaos are not “failures” of “ill-advised” policy. This is not even some sort of “Plan-B” where the US creates failed states when it cannot install the regime it wants. This is Plan-A and it is becoming harder and harder to deny the fact.

Wars no longer end. We cannot simply pretend that there is no reason for that. Wars no longer end because instability and conflict are the deliberate means of attacking the people – the means of destroying their nations as such. That is what “genocide” means, and that is why we avoid the knowledge. This knowledge will destroy comforting delusions and reveal the cowardly false critiques of those who think that the US government is “misguided” in its attempts to bring stability. The US doesn’t bring stability, it doesn’t seek to bring stability. It destabilises one country after another. It infects entire regions with a disease of acute or chronic destruction, dysfunction and death.

This is a Neo-Holocaust. It slowly builds and grinds. It is the gradual, frog-boiling way to commit genocide. And, like the dullard masses of a dystopian satire, we keep adjusting every time it presents us with a new “normal”. It is a postmodern, neocolonial Holocaust of mass death and mass deprivation. It rises and falls in intensity, but will not end until the entire world awakes and ends it in revulsion.

Crisis”

There are now more refugees than at any time since World War II. It bears repeating. The numbers have tripled since 9/11 and the launch of what has been labelled the “Global War on Terror” and the “Long War”. The situation has become akin to that in World War II, but we seem to be quite comfortable treating it as if it wasn’t a response to a single phenomenon. In WWII it was self-evident that people were fleeing war and genocide, but we apparently accept the tripling of refugee numbers now as resulting from all sorts of different causes. The only factor we are supposed to perceive as linking these crises appears to be Islamist terrorism, even though in the most prominent cases the terrorism arrives after the Western intervention and conflict.

We can no longer excuse the habit of treating each victim of US/NATO intervention as having separate endogenous sources of conflict. Yes, there are ethnic and religious fissures in countries, and yes there are economic and environmental crises which create instability. But, when the opportunity arises weapons flood into these hotspots. There is always an influx of arms. It is the great constant. But many other thing might also happen, particularly economic destabilisation and “democracy promotion”. There is no single playbook from which the US and its partners are making all their moves. There are major direct interventions, such as the invasions of Iraq and Afghanistan, the bombing of Libya, and the creation of South Sudan. There are proxy interventions such as the bombing of Yemen, incursions into DR Congo, and fomenting civil war in Syria. Add into this the continuous covert interventions, economic interventions, destabilisations, sanctions, coups, debt crises then you can see a differentiated complex of systematic genocide that very closely resembles the differentiated complex of systematic genocide initially described by Raphael Lemkin in 1944.

The tempo of violence that exists now does not even match that of the bombing during the Korean War, let alone the enormous scale of violence of World War II. However, the difference is that this violence never ends. It seems destined to continue for eternity and the scale of death continues to creep upwards. I cannot shake the feeling that if Germany had not been at war, Nazi genocide policies would have been enacted at the same slowly accumulating pace. The destruction and the violence are often meted out by enemies of the United States, but I think people are beginning to grasp that to some extent the US is often the creator and sponsor of these enemies. Moreover these enemies are often materially dependent on the US either directly or through allied regimes.

Cumulatively, this has still become an historic era of mass death that in some respects resembles the “hyperexploitation” and socio-economic destruction of “Scramble for Africa” and in other respects resembles German genocide policies in occupied Europe. In future, when people come to add up the human cost of this new Holocaust they won’t be trying to prove their credibility by being conservative. Conservatism in such matters is nothing but purposeful inaccuracy and bias. When they calculate all of the excess mortality that has resulted from military, proxy, covert and economic intervention by the West in the post-9/11 era it will be in the tens of millions. It is already of the same order of magnitude as the Nazi Holocaust, and it is far from over.

We see a drowned boy in on a beach and the suffering strikes home. That is a tragedy, but the obscenity is not in the death of a small child. The obscenity is in the fact that it was an act of murder by Western states. Now try to picture what that obscenity looks like multiplied, and multiplied, and multiplied until the boy, Aylan Kurdi, is just a grain of sand on that beach. It seems almost serene, but that is an illusion. We are socialised to lack what is called “statistical empathy” and that lack makes us irrational. Whenever we face the statistics of human pain and loss we must learn to counter this unnatural detachment by making ourselves face the full individual humanity of victims. The key to understanding the Holocaust is not to obsess about the evil Nazi race hatred and cruel machinery of death, it is to picture a child dying in agony in the dark of a crowded gas chamber and to juxtapose that with the callous indifference of Germans, of French, of English and of many others to the fate of that child at the time.

Without compassion, we are intellectually as well as morally stunted. Understanding the ongoing holocaust means you must picture a burned child dying slowly, crying for help that will never come, in the dark rubble of a shelled home next to the corpses of her mother and father. Now juxtapose that with the callous indifference we are induced to feel until we are told that it is officially a crime committed by villains rather than regrettable collateral damage stemming from benignly intended Western acts. After the fact we care, but at that time of the Judeocide almost every country sent Jewish refugees back to certain death. People reacted with callousness and also vile contempt to Jewish refugees, almost exactly like the British tourists who have recently wished mass death on the “tides of filth” that are ruining their playground on the Greek isle of Kos.

To avoid the truth, we select only certain victims as being worthy and fully human. When it becomes officially correct to feel compassion, we create cartoon villains to blame who, by their very conception, are aberrations and departures from a systemic norm. It might be the Zionist lobby, or Netanyahu or Trump or the Kochs or the military-industrial complex, but it must be something other than business as usual. This thinking is cowardice. It is stupidity. It is self-serving. It is morally and intellectually bankrupt. There is a new Holocaust happening now and it is the logical outcome of US imperialism.

In the final analysis, the refugees are the result of years of conflict, destruction and suffering. The scariest thing is that we are incapable of stopping the progress of this plague because we will not face up to the principles behind it. It has become a one-way street. Areas that are lost to civil strife can never find peace. Cities reduced to rubble can never be rebuilt. Communities that are torn apart can never again knit together. Worse will come and it will not end until the US empire is destroyed. Please let us find a way to do that without another World War.

US Rule in Occupied Earth (or Everything You Need to Know About Genocide, but Never Knew to Ask) Part 4: You Are Next

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Leunig - How to do it

http://www.radio4all.net/index.php/program/82288

direct link to mp3: https://ia801508.us.archive.org/12/items/20150817USRulePart4/20150817%20US%20Rule%20Part%204.mp3

Lemkin defined genocide as being a form of warfare, but instead of it being military warfare “against sovereigns and armies” it was war against “subjects and civilians”. We do not need to distinguish between the sort of internal “war” declared against a minority within a state and the sort of “war” that is waged against a foreign people. So, for example, the Japanese “3 Alls Policy” of “Kill all. Burn all. Loot all,” was genocidal because it was aimed at the Chinese people and was not a truly military scorched earth policy.

Lemkin focussed originally on occupied Europe, but he saw the same processes in the conquest of the Americas and he spent much more time studying and writing about genocide in the Americas than about Germany’s genocides in Europe. He characterised Indian reservations as being a form of concentration camp and symptomatic of genocide. As you can imagine, this sort of thing did not go down well in 1950s USA. He was unable to find publishers for his later works. As John Docker has said: “We can only mourn that Lemkin’s manuscript writings were not published as he hoped, for in them the inherent and constitutive relationship between genocide and settler-colonialism is strongly argued, given subtle intricate methodological form, and brought descriptively to life.” Lemkin died poor and comparatively obscure 1959. Only 6 people attended his funeral. Had he lived longer he would have recognised that the strategic hamlet programme in Viet Nam was also symptomatic of genocide and I am sure he would have made the leap that links genocide to all forms of imperialism, not merely settler-colonialism.

Whether related to settler-colonialism or not, genocide reveals itself best in military occupations because they allow the full panoply of genocidal behaviour to manifest. Lemkin saw genocide as a combination of ancient and modern practices. On one occasion it might be the visceral slaughter of a massacre, on another the dispassionate exercise of issuing papers that reclassify people as no longer having the right to live in their homes. One might reduce the food intake available to a people who have been previously deprived of subsistence resources, or create a policy of retaliatory violence. One might order a carpet bombing raid or institute a military doctrine of “force protection” guaranteed to cause mass civilian death and widespread terror. In short, genocide can manifest as wanton violence and destruction or targeted violence and destruction. It can involve policies designed to control, to destroy, to immiserate, to alienate, or to provoke.

Perpetrators of genocides like to claim that their actions are military in intent. Sometimes they are deliberately deceiving and sometimes they are wilfully lying to themselves. The greatest lie they tell themselves and others is that attacking the civilian population and its infrastructure is a valid way of degrading military strength. This is the lie that was behind of the “strategic bombing” of civilian areas in World War II and was used to implement the genocidal sanctions against Iraq. These are very instructive examples of genocide undertaken in the guise of warfare, yet, instead of looking at those I want to focus on counterinsurgency.

Imagine a materially and/or numerically inferior people who occupy land that you covet. You start taking their land by force and/or start using your superiority to coerce their departure through inflicting some form of pain. Eventually resistance will ensue. The resistance may or may not have been part of the plan, but it now becomes the excuse for ever greater violence against the people as such. War against a people as such is, by definition, genocide. When you deconstruct counterinsurgency programmes throughout history you will find that this pattern of genocide is common to many.

I already mentioned the Japanese “3 Alls” campaign. The excuse for this genocidal behaviour was that it was a way of combating the People’s Liberation Army which drew sustenance from the people themselves. Mao said, “The guerrilla must move amongst the people as a fish swims in the sea.” But the point is that the people wouldn’t have supported the PLA if it did not in some way embody their collective will. The Japanese, by contrast, were inimical to the Chinese people. Their occupation was already genocidal, if they hadn’t been strategically inclined to inflict destruction of Chinese people as such, then they would have dealt with any insurgency by actions, policing or military, that were restricted to the PLA itself. In fact, the genocidal strategic imperative was greater for the Japanese than the military strategic imperative because such “counterinsurgency” is inherently counterproductive militarily.

To put it in simple terms you win a counterinsurgency by winning the “hearts and minds” of the people and thus isolating the guerillas from the material support of the people and delegitimising them so that violence against them does not cause the people to hate you. But, if your strategic designs are against the fundamental welfare of the people themselves you cannot win their hearts and minds and so it is inevitable that when armed resistance arises the response, if you do not alter your strategic aims, will be genocidal.

It is no great secret that the way to win against an insurgency is to win the acceptance of the people and then treat the guerillas as a separate military or policing operation. The reason this is not done is not that people don’t know it, but because they cannot accommodate the will of the people even to the degree that would get them to cease supporting the conflict of armed resistance. In short, for demostrategic reasons they are enemies of the people and they are at war with the people. It doesn’t matter of it is a tribe of 300, or a nation of millions, the same applies. Just as the genocidal acts of the Japanese drove people into the arms of the PLA, the same pattern has been enacted throughout Latin America, Southeast Asia, and in Eastern Europe during the Partisan War. In fact, Hitler said: This partisan war has its advantages as well. It gives us the opportunity to stamp out everything that stands against us.” It is well worth remembering at this point that Lemkin described Hitler’s genocides as being “a new technique of occupation aimed at winning the peace even though the war itself is lost.”

Since the First Indochina War, the US has shown unmistakeable signs that it welcomes and even fosters insurgent resistance as a way to channel its military might into genocidal violence and destruction. Few people realise how much of the US effort in Indochina went into systematically attacking civilians without even the pretext of a nominal insurgent presence. They did this on the basis that the people themselves were the sea in which the guerilla swam. The entire Phoenix Programme, for example, was aimed at civilians. “Free-fire zones” were, among other things, designed to re-designate non-combatants as legitimate targets for death. Under this logic missions of mass death could be carried out without any hint that an actual combatant might be present. US personnel were also trained to view the people of Viet Nam through a hostile racial lens. That and the way the GIs were deployed created a systematic situational predisposition for US personnel to view the the people of Viet Nam to be their enemy. If the US had wanted it to, a fraction of the money they spent on fighting in Indochina could have been spent in ways that won the “hearts and minds” of the local peoples. But that would have empowered the people. The Vietnamese, for example, would have been very thankful and then have firmly continued to move towards reunifying their country and exercising self-determination.

The US now exerts more hegemony over Viet Nam by having visited genocidal destruction and lost the military struggle than it could ever have done by making the concessions needed to allow it to achieve military victory. The state of Viet Nam was far less damaged by US destruction than the people of Viet Nam. The war had actually left the country as a military powerhouse and regional hegemon. On the other hand, bottom-up development was crushed. When industrialisation took hold it was not some form of strategic development that empowered the proleteriat and the nation, it was low-wage light manufacturing for the benefit of Western multinationals and Western consumers. That is a profound strategic victory for the US empire.

Viet Nam’s ongoing weakness means that it is subject to the governance of the “Washington Consensus” institutions which use debt and trade to prevent development in a for of structural violence, but at least there seems to be little prospect of hostile military action from the US. Iraq, on the other hand, seems to be slated for an eternal grinding and inhuman violence punctuated by periods of mass slaughter. Iraq has become like Prometheus to the US Zeus. Zeus ordered his servants Force and Violence to chain Prometheus to a rock where each night an eagle would tear out his liver. This was partly in revenge for Prometheus tricking Zeus out of what Zeus thought he deserved to be given as offerings by humans, and partly because Prometheus, a friend to humanity, had given fire to humans. In many respects the analogy is chillingly apt. For the US, even backing successful coups in Iraq didn’t produce regimes that were willing to make sure that Iraqi oil wealth was used to benefit US hegemony, thus Iraq cheated the US out of its due.

Due to a combination of petroleum, geography, demography, culture and history the Iraqi people, as such, are indelible enemies of US empire. Even under Saddam Hussein oil resources were nationalised and oil profits went into national development. Iraq is too large to be a rich rentier state with a small wealthy citizenry and it is too small for the oil profits to be inaccessible by the bulk of the population as in Nigeria. This is a big problem for an imperial polity, ie the US empire, that specifically uses control of petroleum as a method of strategic hegemony.

The result is that if you want to see an almost exhaustive exemplar of genocide then you should look to what the US has done in Iraq. It has been, to paraphrase Lemkin, “a coordinated plan of different actions aiming at the destruction of essential foundations of the life of [Iraqis], with the aim of annihilating [Iraq itself]. The objectives of [the] plan [are the] disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.” To outline the Iraq Genocide I can go through each one of Lemkin’s “techniques of genocide”. He enumerated these in Chapter 9 of Axis Rule in Occupied Europe, which, as you will recall, is where the term “genocide” originates. His descriptions of techniques of genocide can be very closely mapped to US actions in Iraq. And remember that this is the original defining document on what genocide actually is and you can go through it point by point and see how well it applies to US actions. The process is far too complex to detail fully here, but I will give a rough outline and hopefully you can use your own faculties and prior knowledge to fill in some gaps.

  1. Thee first technique of genocide was labelled Political – this would include the entire “De-Baathification” process; the period of rule by Paul Bremer; the suppression of mass demonstrations, of political dissent and of organised labour; the subversion of sovereignty; and the imposition of constitutional arrangements.

  2. Social – changing the legal structure; abolishing unionism; targeted killings of community leaders; fomenting sectarian division; disruption family social and economic life by targeting “military-age males” for disappearance or death. One of the biggest social impacts has come from the eliticidal killings of intellectuals and certain professionals such as doctors. This began with “Debaathification”, and then there were kidnappings, then the US instituted the “Salvador Option” and since that time intellectuals have often been targeted by death squads.

  3. Cultural – To paraphrase Lemkin by merely changing the word “regimentation” to “chaos” and the word “Poland” to “Iraq”: “Not only have national creative activities in the cultural and artistic field been rendered impossible by chaos, but the population has also been deprived inspiration from the existing cultural and artistic values. Thus, especially in Iraq, were national monuments destroyed and libraries, archives, museums, and galleries of art carried away.” Let me repeat: “…national monuments destroyed and libraries, archives, museums, and galleries of art carried away.”

  4. Economic – to quote Lemkin again: “The destruction of the foundations of the economic existence of a national group necessarily brings about a crippling of its development, even a retrogression. The lowering of the standards of living creates difficulties in fulfilling cultural-spiritual requirements. Furthermore, a daily fight literally for bread and for physical survival may handicap thinking in both general and national terms.” In 2013 Iraq passed the $100 billion US dollar mark for post invasion oil sales, and yet Iraqis still languish in poverty.

  5. Biological – in this category Lemkin discussed measures that the Germans used to lower birthrates particularly by geographically separating the men and women. The US has pursued policies which separate men from women en masse, but not to such an extent that it would affect the birthrate significantly. Bear in mind, however, that the physical and environmental aspects of genocide against Iraqis have also acted to reduce birthrates and may be even crueller than dividing families.

  6. Physical – Lemkin divided this into 3 subcategories: a) Discrimination in feeding – by 1998 it was calculated that 1 million had died because of sanctions imposed on Iraq. In infants particularly this was from a combination of disease and malnourishment. The perpetrators – the US and the UK – blamed the Iraqi government, but the rationing system in Iraq was as efficient and equitable as could reasonably be expected. In fact it cannot be denied that in this regard the Ba’ath government provided a far better and far less corrupt service than any large-scale service provided by the US government or any US contractor in Iraq. In reality, the deaths were the result of the deliberate withholding of essential nutrition and medications; b) Endangering of health – in addition to the sanctions preventing medications from reaching Iraq they also prevented medical equipment from being replaced. This was a slow torturous atrocity whose intentionality cannot be questioned. Then during the invasion and occupation US military forces systematically targeted medical personnel and medical facilities. This was something that Dahr Jamail was at pains to document at the time and compiled into an alarming report in 2005. Not content with merely bombing hospitals and systematically murdering health workers, the occupation authorities also used the same sort of destructive policies they used on economic assets – giving both US and Iraqi money to corrupt contractors who had been formally been made immune to both Iraqi and US law and were thus guaranteed impunity in advance. While facilities struggled to cope with mass violence and to rebuild that which was degraded during the sanctions period, Iraqi funds were misspent on lining the pockets of rich US contractors. c) Mass killing – the shocking results of the mortality survey in 2006, known as “Lancet2” or “L2”, have now been vindicated. As well as a very high rate of violent death L2 showed that up to 2006, where known, most people were killed by coalition forces and most people were killed by small arms. Total mortality in Iraq due to the invasion is above one million. If this is added to the fatalities caused throughout the previous 13 years the figure in considerably in excess of 2 million.

  7. Religious – Here I could cite the numerous attacks on and destructions of Mosques carried out by Coalition forces in the first few years of the occupation. But it is impossible to avoid mention of the sectarian and religious conflicts caused by the occupation. This is portrayed as something that is an endemic problem, but that is a complete lie. Westerners don’t seem to grasp how unusually blood-drenched Christianity is, and how sickeningly racist it is to project that peculiar tradition of violent intolerance onto others in order to avoid seeing Western culpability in fomenting bitter divisions. Just to be clear, it is not Christian theology that originated the violence of the religion, but rather the fact that it became the state religion of a thousand year-old empire that had the established habit of brutally killing those it considered to be ideologically heterodox. Indeed, Christians themselves had frequently been victims of this impulse. Once Christianity was bedded in to Roman politics it was inevitable that the Roman approach to heresy would reassert itself. Then the Church split, with Rome becoming the centre of a quasi-sovereign multinational “Papal monarchy”. This Western church found that its power was greatest when it was fighting heretics and infidels and it became addicted to bloody Crusades. These were not just to the Holy Land, but also included the brutal genocide of the Albigensian Crusade. After that was the Inquisition and then the Reformation set off the wars of religion which killed millions upon millions. That is not even to mention the indelibly Christian flavour of Western imperialist violence which continues to this day. Buddhism, Hinduism and Islam all have violence in their past and present, but none have a history that compares to this. For that reason I get very angry when people talk about the sectarian violence in Iraq as being the result of some ancient enmity. Very little of the violence in Islam’s history has a sectarian origin. Western historians talk about Shi’a political participation in the original Sunni ruled Caliphate as being “political quietism”, but even that is projecting a Western standard coloured by things like the massacre of Huguenots in Paris. I could go on, but I hope you get the point.

  8. Moral – Lemkin wrote: “In order to weaken the spiritual resistance of the national group, the occupant attempts to create an atmosphere of moral debasement within this group. According to this plan, the mental energy of the group should be concentrated upon base instincts and should be diverted from moral and national thinking. It is important for the realization of such a plan that the desire for cheap individual pleasure be substituted for the desire for collective feelings and ideals based upon a higher morality.” I think that this is a subjective area, but I think that the imperial pattern that the US tries to replicate everywhere, including at home, is one of atomised consumerism. In Iraq’s case this meshes with the social, cultural and economic destruction mentioned above.

  9. Environmental – Lemkin did not have this category, but it seems now a salient and highly important technique of genocide. Lemkin had no environmental awareness, as such, because of the times in which he lived, but some people now use the term ecocide to refer to systematic environmental destruction and I believe that ecodide is best understood as being one of these techniques of genocide. In Iraq the US has systematically caused environmental degradation by destroying infrastructure and contaminating areas with toxins, radioactive material and unexploded anti-personnel ordnance. Perhaps the most well known pollutant is depleted uranium, but recent studies in Fallujah show that it is only one part of a toxic cocktail that causes birth defects and cancer. Practices like using burn pits have also created deadly exposure to toxins for both Iraqis and US personnel. Like Agent Orange, these are slow motion chemical weapons attacks, and like a gas attacks there is always some “blowback” onto your own personnel (for a war leader, sacrificing pawns is necessary to win the game). Like Agent Orange, the pollution will kill for generations, causing health problems and heart-rending grief. Worse than even Agent Orange, however, some of these pollutants will stay for as long as we can foresee – a legacy of death and suffering that is practically eternal.

The Iraq occupation was a watershed moment, but it was not an aberration. It was part of an increasingly genocidal imperial policy that has blossomed into a series of ongoing neocolonial postmodern holocausts. The US sows conflict and instability and ensures that there is never any conclusion. Through direct or proxy interventions the US has created one eternal warzone after another. There is now a string of destabilised states, many of them so-called “failed states”, whose people are denied any path to peace. The situation is proliferating: Yemen, South Sudan, Libya, Syria, Iraq, Afghanistan, Somalia, western Pakistan and eastern DR Congo. These are the acute cases, but there are many other countries have a lower level of chronic violence and instability.

These spreading zones of violence are a new form of genocide that slowly effectuates “the destruction of essential foundations of the life of national groups”. Can it be said that the goal is to “annihilate” these nations? Yes it can, because the goal is to annihilate them as such. It is imprinted in the logic of the genocide. Because the violence provokes resistance, the logic of the genocide will demand unending violence. The violence creates its own strategic imperative for continuation while at the same time the institutions created to carry out that violence gain substance and a life of their own.

History will record the current era as a time of neocolonial slaughter much like the spasm of imperialist violence at the end of the 19th century – an increasingly mechanised blood-letting that foreshadowed the slaughter of World War I. However, genocide is not a discrete and absolute phenomenon. It is never the case that “a genocide” is committed in isolation. The current genocides have long historical roots. US “counterinsurgency” in the “Indian Wars”, in Latin America and in Asia, is cross-pollinated with South Africa’s “Total War” against its neighbours, and Indonesia’s genocides, and Israel’s invasions of Lebanon. This has created a system of in institutional knowledge rife with various techniques of Balkanisation and destabilisation.

By playing Hawks off against Doves, US imperialists create room for themselves to inflict unending violence without ever allowing the perception of control that a military victory would give. Retired General Mike Flynn believed that the US needed to use more military force to defeat IS but has also said: What we have is this continued investment in conflict. The more weapons we give, the more bombs we drop, that just … fuels the conflict.” This is a complaint that has gone right back to 1950, becoming particularly prominent during the 2nd Indochina War. Military officials try to explain that they are hamstrung and prevented from achieving military victory, but rather than taking their claims seriously they are written off as being overzealous madmen. The fact is that apart from some insane proposals to use nuclear weapons, the military types do have a point. Military decisions are avoided for the same reason that counterinsurgencies become counter-productive, because the real enemy is the people and a military victory would only hinder the strategic goal of crushing the people themselves.

It would also be wrong and artificial to separate genocidal wars abroad from domestic governance. The institutions of genocide that Germany created when it committed genocide in East Africa are considered important antecedents of the later genocides in Europe. But the first people that the Germans put in concentration camps were German political dissidents. The first Nazi mass killings were of disabled Germans. Military war, genocide, and the quotidian oppression of domestic governance partake from each other. In the US there is a long interplay between the criminal justice system and the genocidal attacks on peoples of other countries. This is inseparable from the past genocides of colonisation. Ajamu Baraka, writing on the recent death in custody of anti-police brutality activist Sandra Bland wrote “The struggle in the U.S. must be placed in an anti-colonial context or we will find ourselves begging for the colonial state to violate the logic of its existence by pretending that it will end something called police brutality and state killings.”

Mass incarceration, domestic torture, police killings, and mass surveillance are all institutions that feed and feed from genocide abroad. In this sense you can see that it becomes an impediment to argue that a given phenomenon is “a genocide”, instead we need to acknowledge that a phenomenon such as US mass incarceration is genocidal and not “a genocide”.

A famous quote from Martin Niemöller begins: “First they came for the Socialists, and I did not speak out because I was not a Socialist.” It ends: “When they came for me, there was no one left to speak out.” That is the nature of genocide. If we do not find a way to end the genocidal interventions in the Third World our turn will come, and collectively it already has. An elite habituated to meeting obstacles with genocidal violence will enact it on their own people, and that has already begun. If an innocent Caucasian is brutalised by a US policing and mass incarceration system that is primarily aimed at people of colour, that does not make that person an aberration of collateral damage but rather an indication that those institutions will be used against whomever it serves. The divisions between some “Them” and some “Us” are lies. They mean nothing, but we are made to feel that the mass violence perpetrated by our governments on distant foreigners is no threat to us, and may even be to protect us. It is not true. Every death we allow to happen places us all at greater risk, places our loved ones at greater risk. And one day, when it happens where you live, those who might speak for you will be dead or silenced.

But speaking out now has to be an act of true revolt. Ours is an age in which there is no more crucial imperative than that of demolishing the lies of elite ideology. Western regimes are almost impervious to the opinion of the masses, so mass education is far less important than deprogramming the apparatchiks that populate our boardrooms, newsrooms, seminar rooms and lecture theatres. We do not need to educate the masses. What will they do when they are educated, be knowledgeably powerless? No, we need to enrage the masses and delegitimise the elites. Their intellectual and moral pretensions are hollow.

To do this more than anything we need two things. One is to rediscover the knowledge and analysis of imperial power, and the other is to understand that imperialist violence, including structural violence, is genocidal in nature. Elite Western ideology was struck a blow by the end of the Cold War. By the late 1990s analysis of “globalisation” had begun to merge with a new, and not exclusively Marxist or Marxian, interest in the US empire. By now this has been almost completely expunged. In its place we have the traditional dullard stance of those who, without ever having to trouble their brains for confirmation, take it as granted that the default approach of the US is to seek to create stability and spread democracy. Less Pollyanna-ish, but equally blind are those who view US foreign policy as a variety of “realism” in response to “national security threats” such as “Islamist terrorism”. Most infuriating of all are the opponents and critics of US foreign policy who are now dominated by beliefs that US foreign policy is controlled by the Israel Lobby and/or acts primarily in order to deliver profits to the military-industrial complex. These are not only tropes of repugnant apologism, they are fatuous ahistorical and anti-intellectual conceptual cul-de-sacs which make cogent analysis impossible. They clearly satisfy deep-seated psychological needs, but they mainly fulfil the role of concealing continuities and preventing people from seeing the true shape of US imperial interventions.

To illustrate the potency of the term genocide imagine how difficult it would have been for the US to justify its actions in Iraq, if academic and media interlocutors had seen the pattern of genocide in US actions. Currently continuity and intentionality are concealed by simply replacing and recycling varying excuses made to limitlessly amnesiac intelligentsia. No one steps back and asks whether the current excuse for genocidal violence actually makes sense in the larger picture. Saddam might invade his neighbours again? Bomb the water infrastructure! Saddam has WMDs? Starve the people! There is resistance to our occupation? Dismantle all of the economic infrastructure and destroy historic sites! Insurgency? Kill! ISIS? Bomb! Iraqis don’t love us? Bomb some, arm others, then arm the ones you bombed and bomb the ones you armed! If it wasn’t so horrifically serious, it would be a pathetic joke.

Understanding the genocidal nature of this violence is the only way to end the cycle of mutating rationalisations. If they can’t launch a bombing campaign with a lie about a gas attack, the next lie will come along shortly and eventually one will stick. Take Gaza, for example. Israel’s violence has been justified as being: “Because Hamas. Because rockets.” But already you can see the beginnings of a new trendier discourse being established, where it is the failure of Hamas to control Salafists that will justify future genocidal violence. “Because ISIS. Because rockets.” And when that wears out there will be another excuse. And if we don’t escape the parameters of discourse set by the idea that Israeli actions are related to security (whether you agree with them or not), then there will never be an end to potential excuses. While we debate the merits, they will kill more. And so it will continue.

To conclude, then, I hope that Anuradha Mittal learns what I have said here and I hope she decides that it is not a good idea to give a detailed hour-long account of a genocide and to baulk at using the word “genocide” itself. What she described was a people who were dispossessed, had their movement controlled, were cut of from the native soil that provided them economic and psychological health, had family lives shattered, were traumatised, were deprived of materials of culture and religion, had social networks destroyed or degraded, and finally had their history, their agency and ultimately their humanity expunged from the official state narrative of history. If that isn’t genocide then there can be no such thing.

I would also like Chris Hedges and Laila al-Arian to reflect on the fact that they published a book in 2008 that specifically claimed that US personnel were systematically murdering Iraqis in large numbers, but never used the word genocide. Perhaps they can now see that they effectively orphaned their work and made it irrelevant by not giving the systematic killing its rightful context as being genocidal mass killing. To put the murders they talk about in any real context that relates them to the bombing, sanctions, economic destruction, social disintegration and civil war absolutely requires that the word and the concept of genocide be used.

The word must be used because the genocide continues in Sri Lanka just as it does in Iraq. The situation in Iraq is well known, but what Mittal describes is also alarming because the Sri Lankan government seems to use weakness to deepen persecution. They seem to have exploited the military weakness of the Tamil Tigers at the end of the civil war to conduct mass murder and they have used their victory to rewrite history to further denigrate the Tamils. That forebodes further armed mass violence. By the appropriate use of the term genocide, however, public alarm and discontent can be wakened. Once people actually grasp the meaning of the word it will be much easier for groups such as Tamils to awaken people and much harder for perpetrators to convince them to stay asleep.

Perhaps most important of all is the potential to cause a “revolt of the guards”. This is something that Howard Zinn famously advocated at the end of a People’s History of the United States and it is also something that Chris Hedges refers to frequently. The fact is that when people come to understand that they are engaged in a necessarily atrocious and criminal enterprise they are liable to stop. The concept of genocide can open peoples’ eyes to the cruelty in which they have become enmeshed.

But the power of the word does not end there. Many of the war resisters within the US military who acted against the genocide in Indochina used the term genocide to justify their actions, or refusal to act. It is a very powerful position to take, to say: “This is genocide, and I will not partake in genocide”. If someone says “this war is immoral” the counter-argument is that it is not for them to decide what is moral. But if you say “this is genocide” then any disputant is inevitably going to have to argue that it is not genocide and that opens up the discourse to discussions of human suffering as opposed to notions of threats and security and combat that dominate the discourse of war.

The fact is that there are clearly people out there who will actually argue that it is sometimes right to commit genocide. In that sense perhaps spreading a greater understanding of the term does risk “debasing the coin”. These people will crawl out of the woodwork, and then there will be a discourse of genocide and genocide-lite. Various reasons will be put forward that some genocide is tolerable, maybe necessary, and even, perhaps, sometimes a moral good. But most people will never buy into that. Genocide necessarily means deliberately inflicting suffering on the innocent. In practice military warfare also means this, but proponents can always argue that such suffering an unfortunate side-effect of an otherwise perfectly moral enterprise of destruction killing and maiming. When something is appropriately labelled and understood as genocide, the perpetrators have no place to hide. That is what we need.

The ICC Will Only Hurt the Palestinian People, Part 1: Brer Bibi’s Briar Patch

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Part 2

I was bred and born in the briar patch, Brer Fox,” he called. “Born and bred in the briar patch.”

And Brer Rabbit skipped away as merry as a cricket while Brer Fox ground his teeth in rage and went home. – “Brer Rabbit and the Tar Baby” retold by S.E. Schlosser.

I had hoped to be writing of his legacy, but sadly Binyamin Netanyahu is here to stay. Nevertheless, one thing is clear even from the flip-flopping Israeli premier, and that is his strenuous objection to Palestinian accession to the Rome Statute – the treaty governing the International Criminal Court. But all is not as it seems. The ICC is no real threat to Israel, nor its occupation, nor its illegal settlements and creeping annexation, nor the slow genocide of the Palestinian people. Bibi is playing the role of Brer Rabbit – “Please don’t throw us in the ICC briar patch” – safe in the knowledge that the only people likely to be hurt by ICC thorns are the Palestinians.

A Move Against Israel?

Both Hamas and the Palestinian Authority have supported Palestine signing the Rome Statute – a treaty which will make Palestine subject to the International Criminal Court (ICC). This is part of a tactic to establish statehood for Palestine be the establishment of de facto state credentials within multilateral institutions.

I am unsure what sort of fantasy land people inhabit, but supporters of Palestine seem, on this issue, to have decided that black is white and up is down. Their positivity relies on the potential for the ICC to become something which it currently is not, and the potential for Palestine to make use of this future development in some way which would currently be symbolic but somehow maybe might someday be more than symbolic in some manner that we cannot yet foresee. On the negative side of the equation we have the immediate reality that Palestinians are now subject to prosecution by the ICC and Israelis are not.

Just to make sure you get that: becoming signatories to the ICC means that Palestinians are subject to prosecution, not Israelis.

Yet Netanyahu and the US State Department are acting as if Palestinian accession to the Rome Statute were a move against Israel. It can only mean that Israeli and US leaders are deliberately objecting to the Palestine ICC membership as a way of giving credibility to a move which might otherwise greatly alarm supporters of Palestine. Netanyahu is trying to make us all think the the ICC briar patch is his greatest fear, but the ICC is certain to work against Palestinian interests. As I will detail below, the ICC is a tool of neocolonial oppression by design; it will embed a double standard which favours the powerful over the powerless in general, and Israel over Palestine in particular; it will fuel Israel’s self-justifying claims of persecution; and will continue the ongoing imperialist work of undermining the sovereignty of all nations which defy Western domination.

The (New) Scramble for Africa

The ICC throughout its existence has been a political tool of neocolonial oppression aimed specifically at the former colonies in sub-Saharan Africa. 60% of its funding comes from Britain, France, Germany, Italy and Spain, the former colonial powers in Africa. Naturally this gives them considerable control over the Court, but it is also under the direction of the United Nations Security Council (UNSC). Of the 5 permanent UNSC members two have themselves signed and ratified the Rome statute – the UK and France. Between them the British and French empires once ruled half of Africa, with Britain additionally exerting informal hegemony over other areas such as the Belgian Congo.

Normally even critics of the ICC acknowledge the “noble” sentiments and hopes with which the ICC was launched in 2002. I believe that to be a load of crap. The people behind the ICC are not noble at all. Anyone can fall to ignorance or false hope, but those actually involved are highly privileged elitists whose self-deception is only exceeded by self-righteousness, self-regard and self-congratulatory selfies. That may seem harsh, but my condemnation is not gratuitous, as I will explain later.

All 36 indictments issued by the ICC have been against Africans. People act as if its record thus far is some unfortunate aberration which will be rectified, but the politicisation is systemic. David Hoile has written an large comprehensive volume (Justice Denied: The Reality of the International Criminal Court) detailing things that are wrong with the ICC. I cannot do justice – so to speak – to this work, but here is a small sample from the introduction:

The court has claimed to be “economical”, yet it has cost close to a billion euros to conclude one deeply flawed trial. … The court has claimed to bring “swift justice” but it took several years to bring the first accused to trial for allegedly using child soldiers. … The court claims to be fighting impunity, yet it has afforded de facto impunity to several serial abusers of human rights who happen to be friends of the EU and the USA, and granted de jure immunity to non-member states such as the USA.

In the ICC, one has a court whose judges are appointed not because they are the best legal minds in the world, but because of squalid vote trading. Some are appointed because it is a cosy retirement job; some are washed-up politicians; some are diplomats; some use the court as a waiting room before greater things; others are appointed because their governments pay the ICC a lot of money; and some don’t even bother to show up for work because something better came along. We have judges making critical rulings on very difficult issues of law who have never been lawyers, let alone judges. We have judges who have pressed for legal indictments on the basis of what they have seen on CNN. We have judges who cite classical Greek mythology to justify prolonging Africa’s civil wars rather than to put peace before selectively retributive European law. We have judges who are political activists with little practical experience beyond abstract sloganising. And we have judges who have taught law in classrooms without any courtroom experience whatsoever.

The ICC has produced witnesses in several trials who recanted their testimony when in the witness box, admitting that they were coached by non-governmental organisations as to what false statements to make. We have seen prosecutorial decisions that should have ended any fair trial because they compromised the integrity of any subsequent process. We have seen trials stopped because of judicial decisions to add new charges halfway through proceedings. And most telling of all, the court brought into being in 2002 to punish the most serious crimes in the world, the most grave of which being waging a war of aggression, has consciously avoided meaningfully addressing aggression – managing to postpone any action for at least another decade. It has turned a blind eye to the invasion and occupation of both Iraq and Afghanistan by Western military forces.

It certainly can be argued that there are plenty of indictable people in Africa, but indictability is not guilt. We tend to think that prosecutions of African “war criminals” are justified by the inevitability of their guilt, but these are political actors, and politics distorts narratives. What is more, evidence of guilt seems far less relevant to ICC decisions than political concerns. In global terms the cases pursued are not in any way the most urgent in terms of the gravity of the accusations nor the weight of evidence. For example, though it is difficult to summarise, the situation with regard to Kenya makes it very clear that ICC personnel are willing to act with shameless disregard for real issues of justice.

After elections in 2007 Kenya was wracked with communal violence. An estimate 1300 people were killed. The loser of the election was Raila Odinga. He disputed the election and violence followed. Most of the victims were supporters of his opponent. Raila Odinga is the most prominently pro-Western leader in Kenya – a supporter of neoliberalism and foreign investment. It was very clearly Raila’s claims of election fraud which triggered the violence, and I will repeat here most of the victims were supporters of Raila’s opponent. Despite this, the ICC has charged members of both sides as they were at the time. The indicted are charged with being indirect co-conspirators by having organised networks in advance which committed ethnic violence and retaliatory ethnic violence. Raila is not charged with anything.

The narrative that ICC prosecutors are trying to present, then, is that each side had conspired to bring about these acts of violence beforehand. So, for example, Uhuru Kenyatta is accused of having met with others to conspire to commit violence, but the violence was triggered by his political enemy, initiated by followers of his political enemy and was mostly carried out against those perceived as his political supporters. He is alleged to have paid and directed members of the Mau Mau inspired Mungiki – an organised criminal militia/gang which is normally a bitter and deadly enemy of the government – to commit retaliatory violence after the anti-Kikuyu violence begun by the election result. He is alleged to have coordinated police actions to give Mungiki the freedom to carry out the violence. When the a pre-trial Judge summarise the allegations in his dissenting opinion, they sounded rather far-fetched. According to David Hiole, the original key witness against Uhuru recanted, reportedly in early 2009, leaving only those who corroborate a story told by someone who no longer claims it is true. Nothing in the remaining testimony in any way indicates what Uhuru Kenyatta might have hoped to gain by organising mass murder, rape and ethnic cleansing.

You might ask why Uhuru Kenyatta doesn’t just let the case go to trial, if it is so thin. One reason is that since being indicted Uhuru has been elected President of Kenya. It seems that a lot of people in Kenya were of the opinion that the ICC indictments were a political attack against opponents of Western interests and enemies of pro-Western Raila Odinga. Hoile quotes a Chatham House report suggesting that people believe that even the indicted political allies of Raila were, in fact, more rivals than allies. One defected and became Uhuru’s running mate in 2013 despite the ICC allegation that they were engaged in opposing conspiracies of ethnic violence. Both Western interference and the political nature of the ICC charges were more or less confirmed by the reaction of the EU and the US to the growing popularity of Uhuru in as the 2013 elections approached. Individually a number of EU nations threatened diplomatic and economic consequences should Kenyatta be elected. More jaw-dropping, though, was the extremely unsubtle threat that US Ambassador Johnnie Carson made in public by repeatedly telling the Kenyan people they faced “consequences” depending on the way they chose to vote in the election. This is from the representative of a country that passed the American Service-Members’ Protection Act for the explicit purpose of preventing its own citizens from being held accountable for their incredibly large numbers of easily proven war crimes.

The other reason that Uhuru Kenyatta might want to avoid a trial is the legendary slow pace of the ICC. Jean-Pierre Bemba has been in custody for 7 years and he has still never been convicted. Now information has surfaced that members of his defence team have been harassed and interfered with.

Remember that a criminal court is supposed to either prove guilt beyond a reasonable doubt or acquit. The ICC is supposed to afford a presumption of innocence before conviction. In what universe, then, is it considered just to imprison an accused man for 7 years whilst trying to cobble together enough evidence to secure a conviction? Bemba may not actually be innocent, but justice requires that he either be convicted in reasonable time or be released.

To summarise, ICC proponents might see themselves as shining white knights, but everything that the ICC has done thus far has been squalid and foul. Whether or not the given accused are guilty, these are show trials made into grotesque parody by the fact that the lead actors are too stupid to understand the role they are playing. The ICC is the progeny of the equally execrable pantomimes of power that occurred at the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). You can read more about that here.

Embedding Double Standards and Injustice

I used to work at a stall in a local market that was occasionally frequented by the former Prime Minister of my country, the Right Honourable Geoffrey Palmer QC, and I have often fantasised about what I might say to him in the entirely plausible event that I am able to address him. It is possible that I would use rude words because Palmer was the Chair of the 2010 inquiry by the UN into the Mavi Marmara incident.

The “Palmer Report” was a travesty. As Richard Falk explained, Palmer was not particularly knowledgeable about either the international law of the sea or the law of war. And incredibly, the only other independent member of the Panel was Alvaro Uribe, the former President of Colombia, with no professional credentials relevant to the issues under consideration, and notorious both for his horrible human rights record while holding office and forging intimate ties with Israel by way of arms purchases and diplomatic cooperation that was acknowledged by ‘The Light Unto The Nations’ award given by the American Jewish Committee that should have been sufficient by itself to cast doubt on his suitability for this appointment. His presence on the panel compromised the integrity of the process, and made one wonder how could such an appointment can be explained, let alone justified.”

The Palmer Report found that Israel used excessive force, but that its blockade was legal. However, in point of fact it was not really an investigation but rather a PR exercise that was a predetermined endorsement of Israel’s blockade of Gaza in particular and its occupation of Palestine in general. The terms of reference excluded the overall legality of the occupation and thus made it inevitable that the blockade of Gaza, an intrinsic part of the occupation, would be deemed legal. By analogy, if a bank robber shot someone during a robbery you wouldn’t accept a plea of self-defence on the basis that the victim lunged and caused the robber genuine fear. You can’t refuse to examine the context of the greater crime and make reasonable judgements. The fact that the shooter is robbing the bank cannot be excluded from consideration.

Let us be quite clear, accepting Israel’s claimed right to intercept the Mavi Marmara is much more insane than accepting a self-defence plea from someone who murders a hostage in a bank robbery. For a start it would mean that Israeli officials had reasonable cause to believe that there were weapons aboard the vessel. But the flotilla of the Mavi Marmara was an extremely public action, not a weapons smuggling operation. Israel’s rationale for its blockade is self-defence, but it doesn’t show any way in which this is linked to the interception of the flotilla. Israel does make claims about small arms and “paramilitary equipment”, but they are less to justify the raid itself than to justify the deadly violence.

The fact is that Israel claimed that this was a deliberate provocation aiming at destroying the blockade, but if Israel’s justification of the blockade is self-defence it cannot claim the right to enforce the blockade against vessels which it does not suspect of carrying weapons shipments. As it happens Israel cannot even legally invoke self-defence until it has ended its occupation – another factor conveniently overlooked by top legal thinkers like Palmer. I have previously described the limits on self-defence claims:

Israel claims the right of self-defence, but what does Article 51 of the UN Charter actually authorise? “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” Well, the UNSC has indeed been apprised of this situation and has passed resolutions to restore international peace and security, but Israel will not comply with those resolutions. In order to claim the right of self-defence Israel would first have to relinquish all occupied territories, among other things. And that is a normal established understanding. An occupying force does not have a right to self-defence. Nor is it permissible to blockade a country and then “defend” against their armed resistance to that blockade. If these things were not true then you would have a situation where both sides can claim self-defence with each supposedly defending against the other’s defence.

The fact that Israel is using force to prevent humanitarian aid encapsulates the fact that the blockade is an illegitimate act of aggression which, in turn, gives legitimacy to armed resistance by Palestinians. You cannot judge the actions of any party in a conflict without examining the legal context of that conflict – or you end up spouting irrational victim-blaming nonsense like the Palmer Report.

Everything that applies to the Palmer Report in this regard also applies to the Goldstone Report. Law dealing with the legality of a conflict is called jus ad bellum, whilst law dealing with the legality of conduct during conflict is called jus in bello. By only dealing with jus in bello questions we end up in a morass of illogic, but we also inevitably privilege the most powerful party and the aggressor in any conflict as well as disadvantaging the party whose territory is the site of the conflict.

But jus ad bellum matters cannot be ignored. They are fundamental. People have a right to life and it does not just disappear because there is a war on. It is not legitimate to kill people in war, rather the illegitimacy and the criminal culpability are, all things being equal, located with the aggressor. The personnel that actually commit acts of violence are allowed to do so on two grounds, one is that there is reciprocal risk faced by belligerent personnel, and the other is that criminal responsibility for causing violent death and destruction lies with the aggressor.

This raises a side matter which is very relevant to the moral legitimacy of Israel’s state violence against Palestinians: Sebastian Kaempf argues that the moral legitimacy of the use of violence by combatants has been disintegrated by the asymmetry that exists in current warfare. The moral justification which allows a soldier to kill is based on reciprocal risk between belligerent personnel. One might argue that at least morally, and possibly legally, someone who is engaged in risk-free killing is not a “combatant” by any reasonable understanding of the term “combat”. A related legal question is whether UAV operators or even Special Forces personnel are entitled to “combatant privilege”, which is the legal basis for their violence and destruction. It was arguably stretched by powerful artillery and aircraft, but it is comprehensively broken by the one-sided and very low risk warfare engaged in by the US. This is especially so in the case of drones, but it is also true of helicopter gunships such as this one: or the Collateral Murder video; or the sequence at the end of Fallujah: The Hidden Massacre.

The technology allows US personnel to commit distant leisurely cold-blooded precision killing of people who have no chance of striking back and no chance of escape. Two of this videos show the deliberate murder of wounded people, but all of the victims here are effectively hors de combat. One might argue that these are war crimes on those grounds. Killing unarmed wounded people is definitely a war crime. Killing people on suspicion of being engaged in insurgent activity is murder in any respect. And when insurgents attempted to surrender to personnel in an Apache gunship, the crew were ordered to murder them an the ground that they were not allowed to surrender to airborne personnel – a crystal-clear example of a war crime.

Israel’s attacks on Palestinians fall into the same category. The moral justification for armed violence is destroyed by the disparity of risks, notwithstanding the number of fatalities sustained by the Israeli occupation forces. In addition the actual applications of force against alleged combatants become either arguably or inarguably criminal acts in and of themselves due to the incapacity of the victims. Also there is a prohibition on placing civilians at risk in order to reduce risk to your own personnel. We are aware of this with regard to the use of “human shields”, but it also applies to airstrikes which kill civilians in order to reduce risks to combatants.

Supreme Crime

The Nürnberg (Nuremberg) Tribunal ruled “to initiate a war of aggression…is not only an international crime; it is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” This suited the victorious Allies, of course, but it also means that the law relating to war can be reconciled with the fundamental right to life. Anything else would mean that when if anyone rich or powerful enough to start a war decides that their ends are best served by war, then ordinary people’s lives are simply forfeit – to be taken without any repercussions. Wars kill people therefore, unless you think that the powerful have the self-arrogated right to take lives “for reasons of state”, wars must be illegal.

People seem to think that war is somehow morally distanced from the individual acts of violence which occur in war. We seem to have forgotten the lessons learned from German aggression and we have slid back into voluntarily abdicating our morality in favour of allowing authorities to make such decisions for us. We just follow orders.

A case in point is the ruling by judge Anne Mactavish [sic] in Canada against the application for refugee status by US deserter Jeremy Hinzman. “An individual must be involved at the policy-making level to be culpable for a crime against peace … the ordinary foot soldier is not expected to make his or her own personal assessment as to the legality of a conflict,” Mactavish wrote in her 2006 decision. “Similarly, such an individual cannot be held criminally responsible for fighting in support of an illegal war, assuming that his or her personal war-time conduct is otherwise proper.” This is directly contrary to the spirit of two the Nuremberg principles. She is basically saying that she is happy if he is coerced into committing violent crimes because he himself will not be prosecuted.

If the war wasn’t clearly illegal Mactavish would probably have cited arguments for its legality rather than ruling that legality irrelevant. Iraqis have the legal right to resist aggression and occupation and those who do so have a right to life. Mactavish is revealing that she doesn’t really care about the deaths of Iraqi combatants. These combatants are innocent as much as any non-combatant is innocent. They are engaging in legally sanctioned armed resistance. They are human beings whose nervous systems transmit pain as much as a civilians; who feel the same fear and grief; and who will be mourned as deeply. As far as I can ascertain, at base the only reason Mactavish doesn’t take this view is that she is a disgusting racist who has embraced the dehumanisation of any Arab who resists Western power. You cannot think the way she does without being a racist bigot at some fundamental level.

Naturally, this all relates to the situation in Palestine. The UN Partition Plan of 1947 was of highly dubious legality under the UN Charter itself. The subsequent ethnic cleansing and confiscations of Palestinian property during the Nakba were crimes against humanity. The Israeli occupation of the remainder of Palestine in 1967 is very clearly illegal. UNSC resolutions 242, 338, 446 reaffirm the patent illegality. As mentioned above, under this circumstance Israel’s only legitimate form of self-defence, under UN Charter Art. 51, is to first comply with the UNSC resolutions and end the occupation. The continuing occupation involves continual armed violence as well as other acts which fit the category of acts of war – to the extent that the term still has meaning – or crimes against the peace.

What this means is that armed violence by Palestinian resistance fighters is legally legitimate. They have what is called “combatant privilege”. They are legally allowed to kill people within the limits of International Humanitarian Law (IHL). (This is the jus in bello component which makes it illegal for combatants to target non-combatants and other such things.) The “combatant privilege” allows combatants to legally kill – not because the lives of those they kill are not afforded any protection under the law, but because the criminal culpability for any killing lies with the aggressor, not the specific combatant who physically carries out the act of killing.

Combatant’s privilege, by the way, does not require that the combatant be a uniformed regular in a state military branch. The requirements are: “(1) operating under military command; (2) wearing a fixed distinctive sign (or uniform for regulars); (3) carrying arms openly; and most important, (4) conducting military operations consistently with the laws and customs of war.” State belligerents always deny the applicability of combatants privilege to non-state resistance forces. The German did for the “Resistance” in Western and Northern Europe as much as they did for the “Partisans” in Eastern and Southern Europe. The British denied combatant status to anti-colonial rebels like the“Mau Mau” and far too many others to mention. At the turn of the 20th century erstwhile allies of the US in Cuba and the Phillippines became unlawful combatants. So too did erstwhile allies in the fight against Fascism after the end of WWII in Greece, Viet Nam, Phillippines (again), Indonesia, Korea, and Malaya. More recently, of course, the US has famously declared many more of its enemies to be “unlawful combatants”.

Both in history and in our own times, the only reason to deny combatant status en masse is in order to commit war crimes. Those declared “unlawful combatants” are subject to torture and summary execution in every historical instance. For example, one might argue that ISIS/Daesh personnel are not legal combatants, but what would be the practical purpose? A robust moral stance would be to treat captives as prisoners of war until the cessation of hostilities. After hostilities have ended it would be possible to charge them as criminals using normal legal proceedings. The only other legitimate approach would be to treat each suspect as a criminal suspect from the outset and accord them rights, such as habeus corpus, on those grounds. The only reason for conflating the ideas of criminality and combatancy, as the US does, is as a way of denying and circumvention human rights in order to commit atrocities.

It is true that a combatant who deliberately disguises their combatant status by feigning non-combatancy forfeits combatant privilege as such, but that does not mean that one can simply deny the right of armed resistance to those who cannot form regular military units. If people have the right to self-defence from foreign aggression and occupation that means that they have the right to armed resistance. That cannot legitimately be restricted in such a way that prevents the victim of aggression from resisting because they do not have the material capacity to fulfill certain predetermined criteria.

The right for irregular guerrilla forces to be considered combatants has been established clearly and indisputably, albeit against the wishes of the late nineteenth century Western imperial “Great Powers”. The response by the “Great Powers” then or now is to accuse their weaker opponents of hiding behind civilians. Whether it was the Prussians accusing the franc-tireurs or colonial regimes such as the French in Alegria, such accusations serve a dual purpose. The first is to delegitimise the armed resistance in order to use judicial and extrajudicial acts of incarceration, torture, maiming and execution. The second is to legitimise their own attacks on civilians. This itself works on two levels: suggesting that military necessity (namely, legitimate attacks on armed targets) requires the targeting of civilians who become “collateral damage” in a legitimate military endeavour; but at the same time the second element is to produce a schizophrenic ideological discourse which destroys the distinction between combatant and non-combatant. This is a technique, or a symptom, of genocide. Violence is inflicted on the target population by blurring combatant and non-combatant status and creating in people’s minds the vision of a weaponised people. But don’t take my word for it, this is what Adolf Hitler said: “This partisan war has its advantages as well. It gives us the opportunity to stamp out everything that stands against us.”

Israel frequently claims that its enemies hide among civilians. This is an excuse for killing civilians, but they also know that they must continue at all costs maintaining the international consensus that armed actions by Palestinian formations (“militants”) do not have the foundational legitimacy of military operations. Ironically, however, it is powerful militarised states like Israel and the US whose personnel may not have legitimate combatant privilege. In a journal article that complements Sabastian Kaempf’s reasoning on reciprocity of risk, international law scholar Jens David Ohlin argues that whether uniformed or not both drone operators and special forces personnel do not meet the requirements of lawful combatancy. There is nothing that prevents this logic being applied to any personnel, including ordinary grunts, engaged in a mission which is not that of a lawful combatant. In refusing to treat enemies as combatants, powerful states are themselves increasingly embracing paradigms of violent force that are morally and legally equivalent to paramilitary death squad activity.

All of this is outside of the jurisdiction of the ICC. Aggression was one of the four types of crime outlined in the Rome Statute, but it was undefined and hence outside of consideration. An amendment addressing this will come into force in 2017, but it must be individually ratified by each state.

But even if they can prosecute the crime of aggression the entire setup will militate against justice and will always favour the powerful against the weak. Aggression will not now become the missing context, but will rather just be another potential crime for Third World citizens to be charged with. The very nature of this criminal court is to pluck certain selected villains from immense complex and multifariously criminal circumstances of mass violence and to charge them in isolation from the masses. Of necessity this will always be a political process, even more so than ad hoc tribunals. In theory ad hoc tribunals such as the ICTY or ICTR could treat all belligerent parties even-handedly. They don’t, of course, but the ICC cannot in any conception be even-handed in its approach.

With jurisdiction over nearly half of the world’s war crimes, crimes against humanity and genocides prosecutions by the ICC are inevitably political. These are show trials and they fuel the Hitler-of-the-Month-Club demonisation of Third World leaders that forms the backbone of Western interventionist propaganda. That is true of the entire process even if a case never goes to trial or if the defendant is acquitted.

Can you imagine how much mileage the US State Dept. and the Israeli hasbara (propaganda) agents would get out an ICC indictment for, say, Khaled Mashal from Hamas? They would milk it for all its worth and that would be to the detriment of every single Palestinian alive, even those who despise Mashal. The ICC will help Israel justify killing Palestinians because it will help replace the image of a people with the image of a single demon, and when you want to conduct a war against a people, which is to say genocide, it is very useful to convince your own people that you are fighting a single tyrant.

Israeli Impunity, Palestinian Punition

By practicing its pious “end of impunity” criminal prosecutions the ICC ignores the context questions such as which belligerent is the aggressor and who is a legal combatant. Instead, its real contextualisation comes from the politics of neocolonialism. Theoretically these questions should not have much impact on the question of guilt or innocence in war crimes. Jus in bello applies to all combatants, right?

Actually, not right. The Nürnberg Tribunal ruled that Russian partisans, as resistance to aggression, could not be tried for war crimes. This has been an issue right up until 2010 when Latvia successfully appealed a prior European Court of Human Rights ruling which had ruled against their conviction of a Soviet partisan for a 1944 war crime.

I am not going to argue that armies of “liberators” should be able to commit mass murder, mass rape and war crimes with impunity. The law must reflect basic principles such as legal equality – even to victims of “liberators”. International humanitarian law precedes the Nürnberg Tribunal and has been developed and elaborated since. As far as I am concerned the mass rapes committed by the Red Army in 1945 were war crimes and many of the “strategic bombing” missions undertaken by the Western Allies were acts of mass murder.

When you are dealing with forces of resistance not recognised as combatants by the aggressor/occupier, the moral situation changes. For one thing, to immunise them from war crimes prosecutions is not to grant them impunity. If they are adjudged unlawful combatants by the occupier, by nature the more powerful belligerent, they are subject to all of those judicial or extrajudicial hazards outlined above – incarceration, torture, maiming and death. They have no impunity and even their friends, family and community may be at risk from retaliation, collective punishment or the violent technologies employed in extrajudicial executions.

Failure to treat resistors as lawful combatants highlights a certain moral coherence to the idea that it is the aggressor/occupier that is culpable for their war crimes. Legitimate acts of resistance are treated as crimes by the occupier which effectively destroys the rule of law with regards to war crimes. That does not mean that they cannot be culpable for some criminal acts, but they did not create the circumstances which prompted them. A court cannot ethically judge them if it does not seek to prosecute those responsible for the aggression. In that sense the principle that aggression is the “supreme crime” makes considerable sense.

The culpability of the aggressor for the war crime committed by the resistor is actually morally greater than that of the resistor because it is unmitigated – the original act which created the circumstances of the resistors crime was itself a crime. Once again we can use the analogy of an armed bank robbery with hostages acting in lawful self-defence but committing acts which are themselves crimes. Deliberately killing the child of the hostage taker is a crime, but if the robber has already killed 10 hostages by that point, the circumstance have a considerable bearing. It would be completely wrong to charge a hostage with murder but refuse to charge the robbers or consider the circumstances in which the crime was committed as relevant.

In fact, it is possible to argue that killing a child was justified and a court would would then decide whether, in the circumstances, that was “reasonable”. (I personally don’t think that in the real world it is ever reasonable to kill a child, but if you want to find people who do think it is reasonable the best places to look are not where slavering terrorists strap bombs to little girls but places like the White House where killing children is routine practice and they simply state that “the price is worth it”.)

Not only are basic legal principles important, but there is at least one part of international law that is even more fundamental than IHL, and that is the UN Charter. The ICC relies on the UN Charter for its authority. So does the UNSC. The UN Charter is fundamental to the notion that there is a modern international state system in which there is international law. People have described it as the global “constitution”. This is of considerable relevance to Palestinians because the ICC process will not put alleged crimes in that context.

For example, if people have a right to self-defence, then they must practically be allowed to exercise that right. A case in point is rocket fire from Gaza. It is not so much argued as screeched by Israel and their supporters that the rockets fired by Gazan militants into Israel violate the principle of discrimination which requires that combatants distinguish between military and civilian targets.

I want to look at the rocket fire issue from a couple of angles, but first let me remind people that it is a real possibility that this alleged war crime might be the cause of prosecutions. In our Orwellian world where “freedom” quite literally means “slavery” – as in Operation Iraqi Freedom and Operation Enduring Freedom – “resistance” also means “aggression”. Everyone’s favourite Peace Prize-winning older and larger brother (Obama) said the following about rockets from Gaza: “…we strongly condemn the continuing rocket fire into Israel and the deliberate targeting of civilians by terrorist organizations in Gaza. No country can accept rocket fire aimed at civilians, and we support Israel’s right to defend itself against these vicious attacks.” He knows, of course, that the rockets from Gaza did not actually “target” civilians and that the real accusation is that they were not accurate enough to discriminate between targets as required by law.

Obama has used a simple two-step rhetorical technique to invert reality. First he turns allegedly indiscriminate rocket fire into “targeting civilians”, which provides a 90º angle. Second, he states that Israel has a “right to defend itself” which implies that it was Gazan militants who fired first (a lie) and obfuscates the nature of Israel’s actions over the long term. That provides another 90 degrees. Voilá, we have now turned 180 degrees to enter Oppositeland, where black is white and truth is lie. Obama can only do this because the news media are subservient vacuous apparatchiks, but it also shows that he and the US establishment are committed and implacable enemies of the Palestinian people. At a time when most of the world watched in horror as Gazans were mutilated and slaughtered by the hundreds, Obama chose to attack them. He gave arms to Israel in the middle of the slaughter so that they could kill more.

Take time to think about what that means. As children were being dismembered and incinerated every single day, this man, Obama, deliberately twists the facts in a calculated way to make the victims seem then perpetrators and the perpetrators seem as victims.

Meanwhile, in the UK David Cameron remained a staunch supporter of “oasis of freedom” Israel. He spouted exactly the same line as Obama even when members of his own caucus and cabinet objected. These are the most powerful Western leaders, and they are quite happily prepared to cold-bloodedly attack Palestinians during a time of intense suffering. They weren’t forced into it by the “Israel Lobby”; they are not scared of Netanyahu; they do not love Netanyahu. Nor does this have anything to do with party politics. Blair and Bush would have done the same, and they were from the putatively opposing parties. They do it because they are cold-blooded mass-murdering imperialists whose geostrategic ends are furthered by the deaths and suffering of Palestinians – just as they were furthered by the deaths of Salvadorans, Laotians, Indonesians, Koreans, Vietnamese, Guatemalans, Philipinos, Eritreans, Congolese and many many more.

Ask yourself what these Western leaders are going to do with the fact that Palestinians will be subject to ICC prosecution. What I foresee is that the next time Israel wishes to commit a genocidal slaughter in Gaza, Palestinian leaders will now “investigated” for their “crimes” no matter what they actually do or don’t do. The ICC brush will tar the entire Palestinian people and the Western public will be forced once again into a discussion which begins with the vehement declaration that Israel clearly must respond to the acts of militants. The result will be that the only allowable criticism of Israel will be to censure them for not making their attacks on the besieged overpopulated Gaza strip a bit less massacre-ish.

In summary, the most powerful Western leaders have shown that they will attack the Palestinians at every turn, even at the height of their suffering. The only thing that holds them back is the weight of public opinion, and the ICC will give them opportunities to shift sympathies away from Palestinians and to further obscure the basic rights and wrongs of the issue. The way Obama used and shamelessly twisted the issue of rocket fire illustrates the problem.

But what else could be learnt from the issue of Gazan militants firing what, by all accounts, were very basic rockets? What if I were to return to the bank robbery analogy? Gazan rocket fire is equivalent here to throwing paperweights in the direction of armed robber from behind a desk when children might be hurt. The robbers have already killed and can be expected to kill again. A moral or legal justification that this is a reasonable act of self-defence would require that the risk to innocents is outweighed, in the judgement of those throwing the paperweights, by the potential prevention of violence by the robbers.

One might argue that throwing paperweights in morally unacceptable because the throwers have no substantive grounds for believing that they will disable or deter the attacks but might just as easily aggravate them and increase their violence. That is a very nice argument against acts of violence that can hurt innocents, and it happens to be how I feel about rocket fire from Gaza. But no one, including the “end of impunity” bureautwats, can justify contemplating the morality and legality of the paperweight throwers until they have judged and punished the robbers for their crimes, which include murder.

Once again we are confronted with the fact that by isolating alleged war crimes from their context, ICC proceeding could promote injustice, enable crimes and embed impunity. We should ask, what sort of mad world is it when we judge the victim of an attack on the legality of their acts of self-defence, but we don’t judge the attacker? Gazans are imprisoned by two US client states, the number one and number two recipients of US military aid. Their lives are not as desperate as those of Warsaw Ghetto inmates, but the sickening comparison is impossible to avoid. If we interfere in any way with their ability to defend themselves, even with acts that would otherwise be criminal, we risk becoming the moral equivalents of those who deported Jewish refugees to Axis controlled Europe and near-certain death. An entrapped people are attacked by a superior power with weapons that kill, maim, traumatise, brutalise and immiserate. When we prevent defensive acts on the basis that they are prohibited in IHL, if we do not know for certain that our interference does not interfere with their ability to defend themselves then we risk becoming a party to acts of aggression. That is another reason that the idea, from the Nürnberg Tribunal, of making the aggressor culpable for the criminal acts of the collective victim actually makes sense in the overall scheme of things.

The Privilege of Power

Judging war crimes only by their conduct without the jus ad bellum context provides an obvious advantage to the aggressor. Usually the aggressor is the more powerful belligerent and they are more likely to retain the initiative, control the tempo of the conflict and be able to conduct operations away from their own territory, people and assets. The aggressor has all of the advantages and, all things being equal, for equivalent war aims they have a much greater ability to achieve their desires whilst constraining personnel within the letter of the law. In practice aggressors may commit many war crimes, but I am trying to point out that this is despite a real situational advantage. They commit prolific war crimes only because their war aims are more extreme and are often inherently brutal, criminal and genocidal.

But the ICC may choose to ignore war crimes altogether and yet still acts as a weapon against the people of Palestine. As we have seen when acting as a neocolonial tool against African countries like Kenya, the ICC has preferred charges of crimes against humanity. This too creates an inherent bias in favour of the powerful over the weak. The ICC is tasked with only taking on cases where the state in question is “unable or unwilling” to prosecute.

For those willing but “unable” to prosecute their own genocidaires, war criminals, or criminals against humanity, there is a mechanism called “self-referral”. Anyone who has studied the history of international relations would predict that no state ever would actually say that they have a criminal suspect who they would like to prosecute for crimes committed in their country but are so pathetic and useless we can’t actually hold our own trial and theye need better richer whiter people to do the job for them. Yet these “self-referrals” do occur. David Hoile explains the phenomenon thus:

“The myth of African self-referrals is just that. It is public knowledge that the ICC Prosecutor Luis Ocampo made the governments of Uganda and DR Congo an offer they could not refuse: refer your countries to the ICC and we will only investigate your rebels; refuse and we will indict you as well.”

If you are a strong enough country you can defy the ICC, but if you are an enemy of the West, that very defiance is a weapon to be used against you. But a strong state that is allied to the West like Israel? Quite aside from the fact that Israel has not only refused to ratify the Rome Statute but, like the US, has also repudiated the initial signing of the treaty. More than that, however, the US State Department is quite satisfied when Israel investigates its own alleged war crimes and apparently that is more important to global officialdom than either public opinion or mere facts.

For example, after Operation Cast Lead Israel convicted two low-ranking soldiers of using a child as a human shield. They received suspended sentences of three months. This should have provoked screams of outrage that this stage-managed ersatz justice was far worse that doing nothing. Instead, the media printed the “reasoned” and respectable criticisms of people like Sarit Michaeli of B’Tselem: “Although individual soldiers do bear responsibility if they have violated rules, this has to be accompanied by systematic examination of issues of policy – such as what constitutes a legitimate target, open fire regulations, types of weapons used and the targeting of public buildings. The main issues of concern that we have raised have not been dealt with.” In other words, forget slavering passionately about evil “war criminals” (as we do about African suspects) these soldiers have quite correctly been disciplined for having “violated rules”, but we should also tweak Israeli policy somewhat. An incoherent scream of rage is actually a more coherent response than that.

To criticise the manner in which Israel judges its own actions normalises the idea that Israel should be left to police its own war crimes. People also seem to accept the idea that it is right for the US and the UK to choose who, if anyone, will be held accountable even when the crimes are committed in other countries. These countries then use the selective prosecutions of low-ranking personnel to create a false image of lawfulness.

Worse still, Israel has used the fact that it went through a judicial sham and conducted some supposed investigations to further criticise Hamas because they haven’t conducted their own prosecutions. This is another two-step inversion of reality. First, you get people to accept the idea that there is some moral equivalence in the illicit acts of aggressor and resistance forces – twisting the first 90º – then you get them to accept that your abysmally deficient scapegoating of junior personnel is some sort of robust corrective. After these two simple steps you hand rotated into Oppositeland and you may now safely blame and demonise the victim of your mass murder.

And when we envision the future impact of the ICC regime on Palestine we must not, under any circumstance, fail to take into account the power of the political discourse which seeks to make enemy states into appendages of a near omnipotent villainous leader. Every crime committed by personnel from a state deemed inimical to the West is blamed directly on the leader of that country. Bashar al-Assad drops barrel bombs on civilians; Omar Bashir commits genocide; Muammer Ghadaffi even committed the massacre of political prisoners in one of his prisons. Theirs are the fingers on the triggers.

Ordinary people may likewise think that Donald Rumsfeld should been tried for torture, or Tony Blair for crimes against peace, or Ariel Sharon for mass murder, or Henry Kissinger for genocide. People in officialdom, however, claim to have a superior understanding of politics and power and are ever willing to concede limits to justice where powerful Westerners are concerned.

Convicting a couple of rather amateur torturers from Abu Ghraib and a few Blackwater murderers makes the US feel like it is superior, lawful, legitimate and civilised. US political and military leaders go free and the bureaupratts, security geeks and self-described “wonks” sneer at the inferiority of those who don’t accept a priori that Western leaders are untouchable. With regard to Third World enemy states it is the exact opposite. These same “wonks” now salivate with strident bloodlust. Justice is now an absolute and they can never compromise. The snide bespectacled weeds are now transformed into blood-drenched muscular Conan-esque warriors meting out righteous violence. They cheered when Osama bin Laden was supposedly killed: “We’re number One!” They howled in triumph when Ghaddafi died in the most grotesquely cruel manner and Clinton crowed: “We came. We Saw. He died.”

Part 2