A “Loyal Little Ulster”: Why and How the UK and US Shaped Israel to Create Endless Conflict

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Even though the land could not yet absorb sixteen million, nor even eight, enough could return… to prove that the enterprise was one that blessed him that gave as well as him that took by forming for England a little loyal Jewish Ulster in a sea of potentially hostile Arabism.” Ronald Storrs, Military Governor of Jerusalem 1917-20, commenting in 1937 on the rationale of the 1917 Balfour Declaration.

Zionism is the continual attempt to fit a square into a circle.” Lowkey, interviewed by Danny Haiphong 25 March 2024.

But the state of Israel was not created for the salvation of the Jews; it was created for the salvation of Western interests. This is what is becoming clear (I must say it was always clear to me). The Palestinians have been paying for the British colonial policy of ‘divide and rule’ and for Europe’s guilty Christian conscience for more than thirty years.” James Baldwin, 1979.

Israel was always meant to be a bleeding sore, an unending source of conflict and hence an unending source of suffering. In creating Israel the British were following a policy of divide-and-rule to create an outpost as a way of projecting power into the Arab world and its oilfields. In practical terms British power could only be projected through the maintenance of immanent or actual armed hostility. The success of this strategy, as the baton was passed to the US empire, has caused the region to suffer 100 years of instability and strife while the Palestinians have suffered a long slow genocide of everyday brutality punctuated by massacres and outbreaks of resistance.

The British Empire did not create Israel in gratitude for Chaim Weizmann’s invention and development of synthetic acetone (a component of cordite) during World War I. The British Empire did not create Israel in gratitude for the financial assistance provided by the British branch of the Rothschild clan. I could go into detail on each case but it is unnecessary. We only need to remember one thing: the British Empire would never do anything out of gratitude. Nor, as I will illustrate in the course of this article, did it deign to honour promises it made in order to achieve its own gains. There are romantic notions of a British sense of honour in the official sphere but these are false – products of a robust cultural hegemony and propaganda system. The historical record instead shows that British foreign policy, and before that English foreign policy, has been unusually ruthless, callous, and dishonest.

In respectable discourse it is only possible to refer to British perfidy and US aggression when talking in the abstract or about matters of the distant past, but when talking of current events one must always assume a foundation of benevolence and criticise these countries for straying or being diverted from their true nature. As a rule all aspects of British and US imperialism are treated as if they exist in an historical vacuum. Comparing British and US interventions with empires of the past is not the done thing. Comparing British and US interventions to their own past interventions is not the done thing. In the case of Palestine even comparing British actions to their own simultaneous actions in other parts of the Middle East is not the done thing. This is exponential exceptionalism. Just because we are doing this thing it doesn’t mean that we do this sort of thing, and please don’t look at all the other times we have done this thing because it is just not who we are. Luckily it is acceptable at all times to claim that the tail wags the dog of empire, whatever that tail might be. In the case of Israel existing anti-Semitic tropes about the influence of The Jews makes this all the easier.

Normally instead of entertaining the possibility that the British and US empires have deliberately created and sustained a situation of endless conflict because it serves an obvious purpose, people are more inclined to blame the Israel Lobby in ways that seem to reflect an intellectual descent from The Protocols of the Elders of Zion. The power of the Israel lobby is real, but it exists at the sufferance of the Empire Complex. It is a tool for imperial elites to exert control over political representatives and civil society in order to constrain “democratic distemper”, that is why it came to exist (not because of the mysterious control Jews are imagined to exert over the noble but hapless Anglo-Saxons who have traditionally run the world). 

Even when people seek to avoid this anti-Semitism they find other ways to avoid suggesting that any Western wrongdoing is intentional. An interesting example is “Balfour: The Seeds of Discord” (the latest in the seemingly infinite series of Al Jazeera English documentaries about the Balfour Declaration). Avoiding the traditional discourse which suggests that Jews exert a seemingly mystical power that allows them to dictate to Great Powers, the documentary employs a more fashionable way of preserving exactly the same explanation of motive. Instead of Magical Jew Power being at fault, it all happened because people like Balfour and British PM David Lloyd George believed in Magical Jew Power (MJP) due to their yucky anti-Semitism. This is very convenient because you can keep the exact same explanation for the creation of Israel while not having to rely directly on anti-Semitic tropes.

Lloyd George, Balfour and others are said to have thought that the promise of a homeland would unite all Jews to unleash their MJP in aid of the Entente in the Great War. How do we know? Because they said so, and people like that don’t lie, do they? There is a bit of a problem though in that World War I was over before the British could do anything towards creating a Jewish homeland in Palestine. According to this reasoning, then, the British incorporated the Balfour Declaration into the Mandate for Palestine because they had an irrational belief in monolithic Jewish power and conveniently ignored the fact that most Jews were not Zionists and many found the idea abhorrent and dangerous. At the same time it seems to have slipped their minds that they had already won the War that this was meant to help them win. 

I will have more to say about the Mandate later, but it is worth noting that a prominent expert on “Balfour: The Seeds of Discord” claims that the British were committed to Zionism because it was central to the legitimacy of the Palestine Mandate. This is wrong because the Mandate does not and cannot dispense with the rights of the Palestinian people, even though it is written tendentiously in order to give that impression. Moreover it seems a little strange to choose a specific exceptional legitimating purpose for the Palestine Mandate when the British operated Mandates in Jordan and Iraq with no need for any such rationale. Yemenis might also raise an eyebrow at the suggestion that the British cared about such niceties given that South Yemen did not gain independence until 1967. 

“Balfour: The Seeds of Discord” mostly suggests that the British do not act, but only react. As is so often true the British Empire, like the US Empire, is portrayed as unwitting. The moral failures are always those of ignorance and arrogance but never those of immoral intent. In 1883 John Seeley wrote, “we seem, as it were, to have conquered half the world in a fit of absence of mind.” Outside interests are used as pretexts by the imperialist parts of the establishment, led by the intelligence and military inside government in close intermingled accord with the arms, finance, and extractive industries. In this sense Zionists like Chaim Weizmann and the Rothschild’s served the same purpose as US puppets during the Cold War who somehow caused the US to act in ways it did not want to. People such as Syngman Rhee, Ngo Dinh Diem, Jose Napoleon Duarte, Shah Reza Pahlavi, Ferdinand Marcos, Suharto, and many more have been cited as forcing or constraining US DoD or State Department actions, notwithstanding that they were dependent on the US and in many cases owed their power entirely to US intervention. The utility of the tactic is self-evident, even when it becomes ridiculous. Ahmed Chalabi, whose power and legitimacy were never more than a US fiction, had his supposed desires used as justifications for US policy. This was an effective distraction because it provided a focus of contention. Journalists and academics lap that stuff up and seem somehow incapable of looking beyond it at possible real causes for an empire’s behaviour, such as… I don’t know, say, the desire to control the most important strategic asset in human history (oil).

In a sane world it would be considered ridiculous to discuss 20th Century Middle Eastern history without reference to petroleum. In our world the near inverse is true. Right-wing people can make pithy aphorisms about oil to show their tough realism, but to actually connect that to an analysis of decision-making is considered heretical. Thus, for example, Paul Wolfowitz can explain the need for the Iraq invasion using the phrase “the country swims on a sea of oil”, but one cannot suggest that decisions were made on that basis. Almost everything else is on the table: humanitarianism, greed, stupidity, security concerns, racism, anti-racism, and, of course, the MJP of the Israel Lobby. One can say that things occurred because George W. Bush was a venal idiot, but it is unacceptable to base a detailed analysis on the notion that this lifelong oil man invaded and occupied Iraq to maintain US control of the global oil trade. Dubya Bush was the 4th generation product of a politically engaged dynasty of energy and finance aristocrats, his cabinet was also full of oil executives, and his own father had begun a genocidal assault and siege on Iraq. Despite these facts in orthodox analysis he cannot be said to have been rationally and intelligently motivated in his actions. This would lead one to conclude that he successfully carried out an intentionally genocidal strategy that increased US power in the world, and that is not allowed.   

Petroleum is equally central in relation to the birth of Israel – and equally unspeakable. To understand why the British wanted to create a permanent open wound of violence in the midst of the Arab world it is necessary to go back to 1895. John Fisher (who would go on to become an admiral, a peer of the realm, and the first person on record to use the abbreviation OMG) became convinced that the Royal Navy must transition its fleet away from coal and into petroleum as a fuel. This was a very hard sell as Britain had ready sources of coal but no oil. It took Fisher 10 years to make his case, but once he did the British were uniquely well positioned to lay claim to the oil they knew rightfully belonged to them (but which non-British people had the temerity to live on top of). At the time, you see, there were no known sources of oil on the extensive soil of the Empire. No problem, though – the British “sphere of influence” was as large as its acknowledged empire, and it turned its baleful eye upon Persia.

The British knew a thing or two about exerting extra-territorial control over other people’s countries. They also knew a thing or two about strategic resources. Their naval power had been built on spreading coaling stations that facilitated its own movement and gave it a way of controlling or denying the same ease of movement for others. The art of strategic denial, which would become crucial to the bloody history of the Middle East, was also honed on its dominance of major sources of gold in South Africa.

(Always bear in mind that these territories, these resources and even this “influence” were acquired with mass violence and retained with mass violence. The British Empire killed people for this. They tortured for this. They beat and robbed for this. All of it.)

Desiring the oil of Persia they set about acquiring it in a quintessentially imperialist style. They did not seek to create stable access to the oil by creating a sustainable transaction of mutual benefit. In zero sum imperialist thinking that would be disastrous. If, for example, they wanted to send gunboats to shell the ports and workers of another country that was not being obedient they would have to ensure that Persia did not object enough to break the deal. That would be an intolerable imposition on the sovereign right of the British to protect its own “interests”. Instead they cut the sort of deal that you would expect from a violent crew of mobsters. Their method of ensuring stability relies on ensuring that the lesser, weaker party does not profit enough that they become less weak and might therefore be in a position to ask for a better deal.

For an empire the ideal relations of informal imperialism separate the interests of a small ruling group from the masses and from the national entity itself. As a good imperialist, you structure deals so that any profit tends to accrue to that small group, creating a beneficial enmity between these rulers and their own subjects who remain impoverished and are displaced, poisoned and often worked to death in the production or extraction of the desired resource. You ensure that much of the money that you do pay is returned immediately to buy arms from your own arms industry for use against the unhappy people. You make the rulers as hated as possible in their own countries, apart from a narrow client base and/or a minority ethnic or religious group. This is highly unstable and a source of continual violence and oppression, but the rulers become dependent on you and they are forced to keep the desired outpouring of national riches flowing. Should the local oppression fail for any reason, such as a popular revolution, you can declare a “national interest” and send in the marines, the gunboats, the spooks, or any combination thereof. The nature of the deal itself is such that it has created military dependency and underdevelopment that ensures that the people of the country have the minimum possible ability to resist your own use of force.

That model is sustained on blood and oppression, and we charmingly name it the “resource curse”. The received wisdom in Western boardrooms, lecture halls, and think-tanks is that somehow the possession of natural wealth creates bad governance. In most cases this is simply a poor cover for foetid racism. For believers in Western values it is considered common sense that the peoples of the developing world are morally and intellectually inferior to Westerners and this known fact is only suppressed due to wokeness. The agency of Western imperialist power is effaced: deleted from history and deleted from current affairs. 

The massive military expenditures of the US and its constant covert and overt interventions; its bombings; its wars; its threats; its overt and covert control, co-optation and subversion of international institutions is well documented and indisputable. What you are not allowed to say is that they are doing all of this for any cogent purpose. The continual flow of wealth and resources from the developing world to the developed world is meant to be viewed as a simple product of the natural order of things that is totally unrelated to massive arms expenditures, invasions, coups, espionage, economic warfare and so forth. To suggest otherwise is a conspiracy theory or some form of cultish dogmatic Marxism.

I am using contemporary US examples a little ahead of time here, but the British Empire provided the precursors to these structures of power and extraction. The British never had the level of military hegemony that the US possesses therefore they became extremely expert at exercising asymmetric power over vast populations using any and every tool available.

Once the British establishment had come to accept the inevitability of the need for the Royal Navy to make the change from coal to petroleum, they sought to intervene in a deal cut between mineral prospector William D’Arcy and the Shah of Persia (now Iran). By some accounts they even sent Sidney Reilly the “Ace of Spies” to deal with what was known as the “D’Arcy Affair” in 1905. This led to the establishment in 1909 of the Anglo-Persian Oil Company, which would later become the Anglo-Iranian Oil Company and later British Petroleum, or BP. In 1913 the APOC negotiated a sale of shares to the British Government. The Crown wanted a government-controlled source of oil. The man in charge of the negotiations was one Winston Churchill. Churchill was First Lord of the Admiralty and was engaged in continuing the modernising work of John Fisher by switching the fleet wholly from coal to oil as fuel. 

It would be in a letter to Churchill that Fisher first used the fateful letters OMG. More consequentially, though, Fisher would resign as First Sea Lord in 1915 in disgust over Churchill’s disastrous Dardanelles (Gallipoli) campaign, famous for its horrific and pointless loss of life. This precipitated Churchill’s own resignation. He was replaced by Arthur Balfour – yes that Arthur Balfour.

Balfour and Churchill had five things in common: They believed in the superiority of the Anglo-Saxon race, they were ardent imperialists, they were scions of families elevated to elite status through imperialist exploitation, they were enthusiastic Zionists, and they were anti-Semitic. I have to acknowledge that it is “controversial” to call Churchill an anti-Semite despite the fact that he often wrote and said anti-Semitic things that he never retracted. To be fair Churchill was by no means outstandingly anti-Semitic by the standards of the time and would in later life express an opposition to anti-Semitism, but that does not change the bald facts. His official biographer Martin Gilbert, a Jewish Zionist, counters claims of his anti-Semitism in part by saying that he was an ardent Zionist. This is a laughable claim because non-Jewish Zionists – from Balfour through to today’s Christian Zionists – are frequently explicitly anti-Semitic. Moreover the link between their anti-Semitism and their Zionism is not hard to explain – whether through racial animus or through religious zeal they want all the Jews to migrate to Palestine. To put it mildly, being a Zionist is by no means proof that one is not an anti-Semite.

Arthur Balfour was the Prime Minister of Britain who supported and approved Fisher’s naval modernisation programme. He was also politically associated with Winston Churchill and Churchill’s father before him. Both were also linked to imperialists like Cecil Rhodes, Lord Rothschild, Lord Esher and Lord Milner. This group were racists who believed in Anglo-Saxon superiority. It is common to suggest that they were “cultural racists” rather than outright racists, but I have seen no compelling reason to believe that this is a lesser form of racism. To illustrate: in Aotearoa some British “cultural racists” told 19th century Māori that they could become British, but those Māori that chose to do so soon discovered that a racial hierarchy based on skin colour was part of being British. This proves rather neatly that Anglo-Saxon “cultural racism” is the embrace of a culture of biological racism. Moreover this “cultural racism” leads to the same horrific conclusions as direct biological racism. Churchill, for example, said “I do not admit…  that a great wrong has been done to the Red Indians of America or the black people of Australia. I do not admit that a wrong has been done to these people by the fact that a stronger race, a higher-grade race, a more worldly wise race to put it that way, has come in and taken their place.”  These people believed in an Anglo-Saxon racial empire and believed in using violence and subjugation to create that empire. 

The Anglo-Saxon empire envisioned was to be a transatlantic one. Fittingly it would later be the alignment of British, US and Dutch oil interests between 1928 and 1954 that would provide the strategic underpinnings of such an empire, but Britain would be a decidedly junior partner by 1954. 

There is some controversy over whether the British may have deliberately pushed the Ottoman Empire into joining World War I on the side of the Central Powers. On one hand, Germany was clearly the best European friend that the Ottomans had, probably because they wanted to secure access to oil. Germany was constructing the Berlin to Baghdad railway, aiming at further establishing a port in the Persian Gulf and they had invested much into modernising the Ottoman military. On the other hand, the Ottomans could see a greater potential for security in aligning with the Triple Entente (Britain, France, Russia) so their choice of sides in WWI was by no means set in stone. Supposedly the British were meant to be courting the Ottomans, but they made the interesting decision to confiscate a newly constructed dreadnought battleship along with an unfinished dreadnought, two cruisers, and four destroyers. This made the Ottoman choice to go to war inevitable. It was Winston Churchill who ordered British crews to take the dreadnoughts, an unambiguously illegal act. Given subsequent events it is hard to believe that Churchill was not either intentionally pushing the Ottomans into the arms of the Central Powers or had convinced himself that the matter was already decided.

Churchill then launched the first oil war in the Middle East. This war was enormous by any standards other than that of the slaughter occurring simultaneously in Europe. It started with the Dardanelles campaign. This was ostensibly to draw Ottoman forces away from the distant Caucasus where they were fighting the Russians. It is unlikely to have achieved much towards that end. Instead after the first couple of weeks it was quite evident that British, French and ANZAC forces were trapped on the rugged shoreline. Despite this they stayed for eight months of futile slaughter. The campaign cost the Ottomans in blood and materiel, but it was more of a setback for the British, and more still of a human tragedy where lives were spent for no real gain.

Having failed to penetrate the Dardanelles the British kept fighting a war in the Middle East, notably in Iraq and Palestine. They committed over 1.4 million troops to this theatre when the situation in Europe was clearly desperate. The French made their alarm about this known. Given that the later German effort to “bleed France white” led to serious mutinies and came close to forcing France out of the war, it can be said that the British were truly risking a defeat in the Great War itself by pouring so much into their sideshow oil war. 

Along the way the British displayed the perfidy for which they have such renown. First they betrayed their Arab allies by signing the Sykes-Picot Agreement under which Britain and France would carve up the Middle East. Then they signed an armistice with Turkey (formerly Ottomans) which they immediately broke in order to invade and conquer Mosul. In doing so they also betrayed the French who had been given the area under Sykes-Picot. At the end of the war the British had occupied everywhere in the Middle East known to have oil apart from the Persian oil fields that it already controlled. After the war nearly a million imperial military personnel remained to occupy and pacify the region.

Given the cavalier approach that the British had to the agreements it made to induce others to serve its ends, it is striking that the vague Balfour Declaration is still talked about at all, let alone held up as some form of legitimation of the Zionist project. In contrast to promising to “look with favour upon the creation of a Jewish state” the British had explicitly promised the Sharif of Mecca, Hussain bin Ali, an independent Arab state that stretched from the Mediterranean and Red Sea to the Persian Gulf, from the Indian Ocean to the border of Turkey. (The only exception was a small strip roughly corresponding to Syria’s current coastal area.) 

I won’t dwell long on the partition and distribution of Arab lands that occurred. The British attempted to install puppet monarchies, but this provoked resistance. In particular Iraq was combative. Formed from the “3 Provinces” of “al-Iraq” in the Ottoman Empire, Iraq had been the greatest source of fighters in the Arab Revolt against Ottoman rule. Though divided ethnically and by sect, the population of Iraq soon found themselves united by the common hatred of the British presence, British exactions and British violence. Intended puppet leaders have been hard to control in Iraq because of its natural wealth and because its surface divisions are outweighed by a long sense of shared identity and history. It is the Cradle of Civilisation and its peoples have a far longer record of working together as one polity than do, for example, the peoples of Wales, England, Scotland and the northern bit of Ireland.

Winston Churchill directed the repression of the Iraqi Revolt in 1920, going so far as to advocate using mustard gas against villages. Aeroplanes dropped bombs on villages many years before the German bombing of Guernica would spark international outrage. Arthur “Bomber” Harris (who would later work closely with Churchill to conduct the deadly and controversial British “strategic bombing” during WWII) said that Arabs and Kurd “now know what real bombing means in casualties and damage. Within forty-five minutes a full-size village can be practically wiped out and a third of its inhabitants killed or injured.” After Iraq was granted “independence” British forces stayed and some sense of how independent Iraq truly was could be measured by the fact that the ostensible monarch of the country, King Ghazi, installed a radio station in his palace to broadcast anti-British political material. He soon died in a car crash that is often attributed to the British or to the pro-British politician Nuri al-Said. 

It was in this context that the decisions over the fate of Palestine were taking place: the British needing Middle Eastern oil and finding it difficult to ensure that the Arabs, Kurds, Persians and others living atop the oil would remain compliant. The process of deciding the fate of mandatory Palestine was clearly contested within the British establishment. It may seem like a “conspiracy theory” to state that a clique of oil-loving imperialist Zionists fought for and achieved the establishment of the state of Israel, but that is what the evidence lends itself to. Further, to suggest otherwise is to state that the British state is a monolith where foreign policy is not open to such contestation. The record of disagreements is clear and we can choose to believe that those promoting the establishment of a Jewish homeland were irrational weirdos who had no cogent reason for clinging on to their stance in the face of clear irresolvable difficulties, or we can believe that they kept their own counsel about their motives. They chose to present a face of a sentimental but unreasonable attachment to Zionism because they knew the world at large would not agree that their aims served the greater good. What they intended was unethical and immoral, and its execution would be necessarily criminal, but it was anything but irrational.

The period from 1919 to 1947 was absolutely crucial. The institutional processes show a struggle between different forces pulling in what amounted to opposite directions. Through multiple commissions, enquiries, and three white papers the British foreign affairs establishment repeatedly returned to the conclusion that no Jewish state could be established without clear violations of the rights of Palestinians and a violation of the League of Nations Mandate for Palestine. There was simply no legitimate way to honour the vague promise of the Balfour declaration which, after all, included the phrase “…nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine.” Rashid Khalidi thinks that there is a trick in the Balfour Declaration in that it mentions a national identity for Jewish people but not for Palestinians. I think that is according too much credence to the document. Similarly one of the experts on “Balfour: Seeds of Discord” states that the declaration accorded “civil” but not “political” rights but this is not a real division. It is a convention to divide political from civil rights, but the principle of equality before the law inevitably leads to equal political rights. In normal usage the term “civil” refers to political participation. Voting rights, for example, were intrinsic to civil rights struggles in the USA and Northern Ireland. 

Even in discussing semantics we are missing the point. The fact that such microscopic focus is given to the 67 words of the Balfour Declaration is a testament to the pressure to find non-realist explanations for British behaviour. In reality the Balfour Declaration is a meaningless piece of paper and, as I will discuss, Israel could never have been established as a Jewish state in anything like the form that exists today if it did not ethnically cleanse the non-Jewish community and steal their property. To say that this prejudiced “the civil rights of the non-Jewish communities in Palestine” is a massive understatement.

Ignoring the pointless Balfour Declaration (as we all should) the recognised power that the British had over the land of Palestine came from a League of Nations Mandate. The League’s charter provides for Mandates for League members to exercise power over nations that were no longer under the sovereignty of the defeated empires of Germany, Turkey and Austria-Hungary but were deemed unready for self-rule. The pertinent section for Palestine states: “Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone.” Note the use of the term “independent nations”.

The Balfour Declaration was incorporated in the Mandate, but I must restate here that Zionists were never intending to create a “Jewish Homeland” that could be created without massively violating the civil rights of non-Jewish Palestinians. The Balfour Declaration was not just a dead letter, it was a stillborn letter that never drew a single metaphorical breath. 

The Mandate mentions Jews many times but doggedly refuses to accord any character to any other inhabitant of Palestine. This is quite striking given that nearly 90% of the population were non-Jewish Palestinians and that the League charter states that the Mandate is based on there being a provisionally recognised independent nation. Striking or not, though, it is an exercise in propaganda rather than legally significant. As absent as the Muslims, Christians, Druze and other non-Jewish people’s may be from the text in specificity, they are still there in every legal sense. Universal and general terms (such as the oft-appearing word “communities”) clearly cannot exclude non-Jewish peoples. The imperialists might have wished to create an openly discriminatory Mandate but were forced to affirm that no “discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language.”

An honest process would have recognised the intractability of the problem as soon as it was identified. An honest process would have acknowledged that the rights accorded to the Palestinian people in the League of Nations Charter, which is where the Mandate derives its claims to legitimacy, and in the Mandate itself make the creation of a Jewish state as such impossible. The conclusions reached by the 1939 White Paper should have been reached far earlier and should have been accepted and implemented. The 1939 White Paper rejected partition and proposed limiting Jewish immigration while transitioning to a sovereign state of Palestine that would be binational in nature. The problem was that, over the years, the abrogation of the rights of Palestinians in order to establish a Jewish state had been rejected many times and no case had been made, nor could be, that provided a path that would in any way satisfy Zionist desires while honouring the rights of the “non-Jewish communities”. With each such finding, though, the British would pointedly revert to the promise of a Jewish homeland in the mandate in order to reject these findings. These are repeated arguments from consequence, which is to say that they are fallacious. They do not deal with presented evidence and reasoning but instead attack the conclusions. It is a legalistic rhetorical trick undertaken in bad faith, and it happened repeatedly.

And what, we might ask, was the pressing need to keep perverting the course of the bureaucracy like that? Once again the conventional historiography would have us believe that it is the work of MJP. Worse still, given that most Jews were not Zionists it seems that the Magic Jew Power was controlled by a Zionist conspiracy. That would be industrial-grade anti-Semitism, and while it is tempting to believe Balfour et al. capable of such twisted thinking, it is not believable. One of their own colleagues, Edwin Montagu who was Secretary of State for India at the time, was an anti-Zionist Jew who made it amply clear that he thought the project anti-Semitic and a source of danger for Jewish people.

We are left with no declared motive on the part of British imperialists that holds up to scrutiny. Therefore we must search for an undeclared motive among at least some of the decision-makers. We might not be able to draw the straight line of an overt declaration that shows a concern for oil directly. As far as I know there is no document to that effect that would satisfy the vulgar empiricists that shamble through the history departments of the world seeking archival proof in the manner of zombies seeking brains. The straight line does not exist, but there are three dots labelled “1”, “2”, and “3” that just happen to lie in a straight line for anyone to join with minimal effort.

The final acts leading to the Nakba also fit the picture of a divided British establishment with some doing everything possible to establish a Jewish state and refusing to accept defeat simply because it could not be done in a legally or morally acceptable manner. The horrors of the Shoah had created a sense of urgency and exception in sentiment, but when the details were taken into account it is very clear that establishing a Jewish state would require a large scale genocide by historical standards. I will explain why this was necessary shortly, but I do want to acknowledge that this large-scale genocide was dwarfed in people’s minds by the scale of death during the recent War and that this will have blunted sensibilities. That said, more sensitive and engaged individuals like Folke Bernadotte, were not inclined to ignore some people’s rights because others had suffered such extremities. Bernadotte, famous for having rescued many Jews and others from Nazi camps, was supportive of “the aspirations of the Jews” but was even-handed enough that members of Lehi, a Zionist paramilitary group often known as the Stern Gang, assassinated him. (One of the three planners of the murder, Yitzhak Shamir, would become the Prime Minister of Israel in 1983). It is reasonable to think that Bernadotte was genuinely sympathetic to Zionism in the abstract but Lehi, like Ze’ev Jabotinski before them, knew that an Israeli state could not be created without genocidal violence. Bernadotte’s condemnation of violence against Palestinians, given his stature, could have harmed the Zionist cause greatly. 

I won’t repeat here what I have already written elsewhere on the subject of the genocidal nature of the occupation of Palestine, but a recounting of events with a focus on the practical needs of a “Jewish state” will show anew that genocide was always a pre-requisite even if the word itself was unspeakable.

The British were never able to square the circle of allowing the creation of a Jewish state without clearly violating the rights of the indigenous inhabitants, moreover the gap was far greater than we might suspect now that the establishment of Israel is a fait accompli. Having first rejected its own 1937 partition plan and then rejected its own rejection, the British took to playing the victim. They fobbed the problem off on the UN. Eventually this led in late 1947 to UNGA Resolution 181 laying out a partition plan. The UK abstained from the vote, but we now know that they lobbied vigorously for others to vote in favour of partition. 

Two things are worth noting about UNGAR 181. The first is that General Assembly resolutions are not legally binding. Israel, a country that is second only to the USA in violating General Assembly resolutions, should be the first to admit that. The second is that if everyone had agreed to abide by the provisions of UNGAR 181 and there had been a peaceful implementation of the partition plan it would have simply resulted in a temporary and unsustainable partition of a single Palestinian state. Without genocidal violence and ethnic cleansing there could never have been a “Jewish state”. Perhaps even more crucially a Jewish state could not exist without mass theft of Palestinian property.

As things stood the Jewish partition designated in UNGAR 181 would not even have had a Jewish majority without ethnic cleansing. Moreover, Jews owned only about 20% of the land in the partition and something like 10% of the commercial property and small enterprises. Even if they had not instituted a democracy in which they were outnumbered from the outset, respect of the civil rights of Palestinians would have left them totally economically dependent on Palestinians and without the resources they needed to allow the mass Jewish migration that later occurred. The property of refugees was taken and nationalised under the rationale that the owners had chosen to abandon it and were designated “absentees” while being denied the right to return. This created a massive national estate. Much of this was administered by the Jewish National Fund which by its own constitution served only Jews. 

After the Nakba Israel established itself on 72% of the land of Mandatory Palestine which in 1945 was only 30% Jewish by population. Despite this the ethnic cleansing they had carried out created a territory with a clear Jewish majority. Israel passed a law of “Return” which referred not to the expelled indigenous inhabitants but to all Jews who were given the right to “return” to Israel from wherever in the world they happened to be. When they got there it was absolutely necessary that they be leased residential, horticultural, agricultural and commercial property or land on which to develop these things. Due to the role of the Jewish National Fund these instant citizens immediately had greater access to these resources than the remnant Palestinians who had gained Israeli citizenship. 

It is not hard to imagine what would have happened if the Partition Plan had been implemented. The “Jewish State” could not have survived. There could be no “democratic” elections. Palestinian property ownership and tenure would have needed to be violated or property owning Palestinians would have become increasingly wealthy and empowered by the influx of Jewish immigrants which would have made it difficult to suppress their political participation. The Jewish state needed the violent dispossession of Palestinians in order to be born, but without the credible excuse of conflict it could not have done so and then claimed to be lawful and democratic. The 1947-48 War was crucial to them.

Let me be clear here, I am not saying that Palestinians and the Arab countries should have embraced the Partition Plan. They had no reason to and it would not have stopped the war anyway. UNGAR 181, like the Balfour Declaration, did not show a path towards the legitimate establishment of a Jewish state. It was a piece of theatre. It was an act of public diplomacy designed to give a pretext of legitimacy to an enterprise that simply could not be justified on closer examination. 

Genocide is almost invariably carried out under the cover of military conflict. It was true in 1947 and it is true today. Revisionist Zionists knew from the outset that acts of mass violence against the Palestinian people were necessary in order to establish a state of Israel. The first violence that occurred after the Partition Plan was an attack on a Jewish bus, but the perpetrators of these murders were retaliating for murders carried out 10 days before by Lehi. After UNGAR 181 violence escalated and the British largely allowed it to happen. Bearing in mind that UNGAR 181 was not legally binding it did not absolve the British of any responsibilities at all. 

The British Government rejected the Partition Plan (even though their officials had lobbied other countries to pass it) which shouldn’t surprise anyone because it would have violated their Mandate and if they could have justified it they would have done it themselves much earlier. They decided to end their mandate in May 1948, but instead of doing what they were clearly obliged to do – create an orderly transition to a sovereign state for the people of Palestine – they allowed violence to spiral out of control. They refused to cooperate with the UN, the non-Jewish Palestinians, or the Jews to work towards a transition. Then in February of 1948, once facts on the ground had made their responsibilities seem impossible to fulfil, they switched to supporting partition and the annexation of non-Jewish parts of Palestine to Transjordan (today’s Jordan). In March Zionist forces began executing the infamous Plan Dalet.

Some Zionist historians claim that Plan Dalet was defensive. It sought to clear threats from around pockets of Jewish population including those that lay outside of the area designated for Jews in the Partition Plan. According to this reasoning the ethnic cleansing was a by-product of a legitimate military exercise. The context to that claim was that, as I have already stated, there could never have been a Jewish state if they had not ethnically cleansed that part of Palestine. Furthermore, they did not give back the land beyond that delineated in the UN Partition Plan. Also, they did not allow these supposedly accidental refugees to return, instead they passed a law to prevent their re-entry, confiscate their property and to strip citizenship from any Palestinian citizen of Israel who married one of them. Moreover, they systematically lied for 40 years about why Palestinians fled and if anyone challenged these lies that accused them of being anti-Semitic.

Given the foregoing, my contention is that British imperialists knew that establishing a Jewish state as such was never going to be possible without the violent dispossession of the existing Palestinian people. They could have insisted to Zionists from the outset that a Jewish state was not on the table and worked towards the peaceful establishment of a “Jewish homeland” in a sovereign Palestine that would accord guarantees of freedom from persecution underwritten by the international community. The Palestinian government would control immigration but would be encouraged to accept Jewish immigrants who would bring funding raised overseas into the country to help development. The British had 30 years to do this yet they chose to keep the dream of a Jewish state alive for their own purposes. 

The British wanted a “loyal little Ulster” but they needed it to be in actual or immanent conflict with the Arab world for it to be of use. When the US replaced the UK in the patron role they referred to Israel as one of their “cops on the beat”. This was the term used by Nixon’s Defense Secretary Melvin Laird to refer to Iran, Turkey and Israel. These three non-Arab countries form a triangle around the richest oil fields in the world and it is pretty striking that they would be considered as policing the region when most of the Arab regimes in the area were also US clients at the time. The threat of Arab and pan-Arab nationalism to the ability to control global energy supplies was intense and it is still significant today. This is only aggravated by Islamic solidarity. 

Of course the British had no crystal ball to see the future, but it is worth thinking about the nature of the state of Israel now. Both in actions during the mandate period and actions afterwards the US and UK have created a state that can never know peace. The US in particular has exercised its international power, most notably in UN Security Council vetoes, to create an impunity that fuels Israeli delusions of peace through total victory. Israel is still seeking to square the circle that the British could never square.

George Orwell wrote that those who control the present control the past, and those who control the past control the future. He meant that those who shape our understanding of history also shape our beliefs about the present and our reactions to events. The proof of his insight is all around us, but as with all such concepts there are limitations, and those can be very important. There are gross facts that cannot be twisted or suppressed by shared indoctrination. The Nazis, for example, despite having a very strong grip on the communications and ideology of the German people, could not have declared that they had achieved victory in the siege of Stalingrad (though I suspect in early 1943 they would have loved to do so). Some things are resistant to distortion. Words are not simply arbitrary signifiers, they exist within webs of meaning. Israel has laboured tirelessly in arguing that Palestinians have no human rights on the grounds that they are stateless and that there is no such thing as a Palestinian. Rhetorical racism aside, though, they cannot claim that Palestinians are not human beings. 

Zionists cannot simply declare Palestinians to be non-humans, though many can be brainwashed into an emotional state in which Palestinians are inhuman or far less human than Israelis. The Orwellianism succeeds in that many people in the world have accepted Israel’s right to defend itself by killing Palestinians without thinking for a second that the Palestinians have the same right only more so because they are by far the greater victims of violence. The problem for Israel is that in formal and juridical contexts it is impossible to dehumanise people in that way. 

If the Nakba had happened in 1910 Israel might have been able to establish a Jewish-state-accompli, but after World War II people were writing a new rulebook of international law and human rights. Obviously we have not reached a point where those rules stop powerful state actors from committing crimes, but they do create an historical record in which those crimes are illegitimate. As long as they still stand and hold sway over officialdom, they limit the rewriting of history.

The key problem that Israel has is that it cannot undo the right of Palestinian refugees and their descendents to return. Due to timing Palestinian refugees come under the mandate of UNRWA instead of the UN High Commission for Refugees, and UNRWA doesn’t have the same mandate to seek durable resolution through voluntary repatriation, but that does not mean that Palestinians don’t have the right to return. Rather like the League of Nations Mandate for Palestine, the failure to name a specific right for Palestinians does not mean that it does not exist. The right of displaced persons to return to their homeland is a human right derived from Articles 13-15 of the 1948 Universal Declaration of Human Rights. Palestinians are humans, ergo they have that right.

Israel’s admittance to the United Nations was conditioned on its compliance with UNGAR 194 which, among other things, “Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or equity, should be made good by the Governments or authorities responsible.” Most Palestinians are refugees, including half of those in the occupied territories. Clearly Israel did not comply with that resolution. Clearly UN members did not expect it to, but they could not simply pretend that Palestinian refugees did not exist. Their humanity was, and is, a gross fact that cannot simply be ignored for political expediency.

Though under immense pressure Yasser Arafat and the PLO did not renounce the Palestinian right of return in 2000, but if they had it would not have extinguished that right. It is typical of the delusory thinking that Israel is falling into that the leadership thought that Arafat had some magic power to abrogate the rights of Palestinians on the basis that he is a Leader. The whole point of human rights is that political leaders cannot arbitrarily cancel them. They wouldn’t be much use otherwise would they?

I am sure that there have been times in its history when Israel might have found a way to resolve issues peacefully in a way that had enough legitimacy to be lasting. It would have been painful and imperfect and it would have left some injustices unredeemed, but it could have ended the violence and unremitting oppression and crushing injustice that Palestinians have endured for generations. Instead the US gave Israel unconditional aid and assistance that was a poison. They have controlled the occupied territories for 67 years, meaning that they have made subjects of half of the world’s Palestinians without granting them rights while grotesquely claiming to be the “only democracy in the Middle East”. Drunk on the impunity gifted by the Western world and Israel’s own immense military power, they refuse to even say where their borders are, sponsoring a colonisation and ethnic cleansing programme in the West Bank and Jerusalem. Our political leaders, in obedience to Orwellian principles of power, act as if this is not happening. It is happening, though, and the gross fact is that its victims are human beings. 

Palestinians are not transitory phenomena. They are not simply a colour on a demographic map that can be changed with a paintbrush. They are human and their lives, their existences, their very breaths are gross facts that doom the state of Israel to fall. In its mania for a “final status” and in its awareness of the “demographic threat” Israel becomes ever more overtly genocidal. They act as if they can win by inflicting enough pain that the enemy will bend to their will, but they can only get what they seek by the non-existence of all Palestinians. It will not happen and the further they go down that path the worse it will be for both peoples. They cannot kill all Palestinians and the more they do kill the more they are repudiated internationally. The death they have unleashed on Gaza, which sadly will continue to rise even after the direct violence has ended, will never be forgotten, and what can they achieve from it? Seizing the northern third of the strip? It gets them no closer to their goal. Their goal recedes with every step they take towards it.

In the end, whose purposes does this serve? It serves an Empire Complex with military, intelligence, arms, financial, and energy interests at the core, but Israelis only have a fool’s paradise. Zionists could only ever have achieved their desires by making immense compromises in order that they could have a place of Jewish belonging and safety. Perhaps that was never possible, but if it was it could never be made as an exclusive Jewish ethno-state. Fed on the narcotic of impunity and the hallucinogen of exceptionalism they have for generations made it seem natural that the plucky Jewish state should continue – an oasis of [insert Western value here] in a desert of barbarism: 

Enlightenment? Of course.

Modernism? Naturally. 

Socialism? Absolutely. 

Not too much socialism? Heaven forfend! 

Secularism? Well we are a Jewish state, so… just kidding of course we are secular. 

Whatever you want, that is what we are. We are the Athenian Sparta. We shoot. We cry. We write the history and law textbooks to teach everyone that we had no choice.

It all seemed so real, but it was never real because Palestinians exist. Palestine exists. 

The loyal little Ulster has served its purpose well, but its time is coming to an end. The UK and US will jettison Israel when it suits them. Israel has been a tool of empire but it never suited the empire to create a stable peaceful Jewish state or homeland. Israelis will someday have to choose to live in a democratic state of Palestine, or to emigrate. There is no point in continuing to kill to chase a dream that can never be.

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The Gaza Genocide: “Genocide” is the Necessary Word

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Portrait photograph of Raphäel Lemkin

What is happening in Gaza currently is genocide. The power of the word is not because of its power to shock, but because of its accuracy. Now that the word is out of the bag, now that it has gained currency, we cannot allow it to be put back. Establishment voices have long since twisted the usage of the term genocide to serve power rather than justice and peace. If activists do not educate themselves they will find any mention of genocide turned against them as evidence of hyperbole, bias, and (of course) anti-Semitism.

Most genocide scholars seem to understand that Israel is perpetrating genocide against Palestinians, but as Rashed, Short and Docker wrote on the subject in the journal Holy Land Studies (2014, Vol. 13): “Genocide Studies knows it is being watched and can be threatened with vilification at any moment, even in a preemptive gratuitous way.” The result is that those few who do speak out are are represented as being in the minority, when they are allowed to speak out at all. In contrast the highly partisan scholars who deny genocide are regularly presented as the authorities on the subject. Such “experts” are very effective in sounding plausible to the public and to journalists when they are not. They play on people’s expectations and the public’s sense that responsible governmental and non-governmental bodies are constrained by truth and reason.

Once we grasp that what is happening is genocide much of the commentary will be revealed as sickening theatre that clings to a fantasy world where killing civilians is a tragic miscalculation. Seth Moulton, for example, has enough enough self-importance to lecture the Israelis that they are in a “counterinsurgency” and they need an “end-game” and that (according to the revolutionary insight that he shares with Stanley McChrystal) killing civilians will actually make enemies. He even went on Al Jazeera to remind Israel that it should remember the need to win the “hearts and minds” of Gazans. This was on 11 November, after a month of slaughter, and he is worried that Israel might not be winning “hearts and minds” in Gaza! What world is he living in? The same can be said, and has been said, for Piers Morgan demanding that Israel must do more for the patients in Al Shifa hospital.

We are in a war for history, fighting so that truth overcomes power. As George Orwell famously pointed out, the war for the past is the war for the future. What is happening in Gaza is very similar to what happened in 2004 during the Second Battle of Fallujah. That horror has been turned into a videogame where, in some sort of sick revisionism, players are meant to minimise civilians casualties while killing the Iraqi “bad guys”. Meanwhile wikipedia will tell you that there were few civilians in Fallujah (source: the US military) and that at most 800 civilians were killed, despite much eyewitness evidence of a higher level of civilian death.

Unlike Fallujah, where media were vigorously excluded, the world can see what is occurring in Gaza. Yet our collective memory is very short. As the outspoken Irish MEP Clare Daly has said: “…after they’re done the lies are exposed, but there’s never any reckoning.” She is talking of a reckoning for Israel, but those who support them internationally also face no reckoning and pay no price. That must change but unless we can name the genocide and get people to understand what that means, the dead we see before our eyes each day will be written out of the history books and the memory will fade to nothing. The genocide will be framed as a reaction to terrorism aimed only at destroying the violent threat posed by Hamas. We will debate the “errors” and “miscalculations” that led Israel to “indiscriminately” kill civilians in their understandably over-zealous efforts to wipe Hamas off the map. Some will say they were entirely justified, but “critics” will say they were in fact very naughty because they should have been more careful in their otherwise righteous attempt attempt to destroy Hamas. The single word “genocide” can change all of that.

Ideas are important. During the late 1960s, as people became ever more informed about what the US was doing in Viet Nam, official pronouncements began to ring hollow and then started to seem increasingly deranged. Politicians, generals and most journalists became trapped in the network of lies that allowed them to mischaracterise their violent aggression as a morally valid battle against “internal aggression”. The facts became more widely known because activists used various demonstrations and teach-ins to bypass the mostly hopeless print and broadcast media. As knowledge grew, the people clinging to the lies started to seem buffoonish, and that was a major step towards undermining the US ability to maintain its perpetual war.

The Idea of Genocide

Genocide may be among the most important concepts to come out of the 20th century, but it is hobbled by misuse, abuse, and most of all by biased denial. It has become incredibly hard to tell people what the word means because it has been highly distorted by both bad actors and well-meaning fools. It is also so emotive that it is normal to have incredibly strong convictions about what is and is not genocide while having no ability to define the term at all.

I would like to ask the reader to forget received wisdom and focus on the following facts about genocide. The first is that the man who invented the term, Raphäel Lemkin, defined it as being war conducted against people in contrast to war conducted against rulers and their military forces. The second is that Lemkin was always clear that genocide did not necessarily mean physical extermination. The third is that it is a process. It is “a coordinated plan of different actions” that share an aim. “Aim” is the word chosen by Lemkin originally, but “intent” is the common word used today. As I will elaborate later “aim” and “intent” are not the same as “purpose” and “motive”.

As a process, genocide is therefore not found in a single act, nor can it meaningfully be talked about as such. There is no such thing as “attempted genocide”. Nor is genocide a matter of degree. Something does not become genocide because it crosses an arbitrary red line. The commentariat can argue about whether violence has “risen to the level of genocide” but they are talking utter crap. Genocide occurs when numerous acts, which may or may not be crimes in themselves, are concerted to cause destruction of a people “in whole or in part” by inflicting physical or mental harm on a people including the erasure of identity.

Genocide is policy, albeit unwritten policy. Our habit of viewing this vast process as being a criminal “act” is wilful ignorance. Nothing could better illustrate that point than an Al Jazeera English panel discussion on the genocide in Gaza wherein their specialist genocide pundit refused to use the term for the most extraordinary reasons. Geoffrey Nice, the head prosecutor in the genocide case against Slobodan Milosovic, and thus the “expert” on theAl Jazeerapanel, was the only guest to demur at calling the genocide for what it is. He stated that genocide only exists when a perpetrator has a certain “state of mind”. He implied that you can’t name something genocide until a perpetrator has been convicted of the crime.

To put things into perspective, millions of people around the world are involved in actions that are necessary parts of the current slaughter in Gaza. As I will show there is clear evidence that there are co-ordinated actions with genocidal intent. The nature of the actions show this to be true. According Geoffrey Nice, the barrister and putative legal expert on genocide, he won’t use the term genocide because it has to be established that a criminal defendant had a genocidal “state of mind”. This would mean that he and other official types fully intend to deny genocide until the unlikely event that years later one or more individuals is tried and someone like him manages to convince a panel of judges that they can prove beyond reasonable doubt what a defendant’s state of mind was some years before.

Of course, one does not need a criminal conviction to conclude that Rwandans, Sudanese, Iraqis or Serbs are guilty of genocide. Mostly you just need a colour chart (though the US State Department will let you know when skin tone is not diagnostically sufficient).

Geoffrey Nice shows his true face when he uses some some tricky and improper language. He uses the term “wish” when the term “intend” is correct, and when he should say that actions are taken against people because of their identity, he inserts the word “simply”, emphasising the word with noticeable emotion. By saying “wishes to” and “simply because” he implies that “special intent” must come from special animus. This creates the impression that genocide is something undertaken by those we see as the Other: our enemies, the irrational demons that our leaders and politicians have already decried as being hateful monsters. In contrast, people like Henry Kissinger cannot commit genocide no matter how many people they cause to be killed because Kissinger doesn’t hate the people he kills. Mr Nice and his ilk could never use their courtroom telepathy to read genocidal intent his “state of mind” because they have twisted the meaning of “intent” to incorporate a motive of irrational hatred. But this portrayal of genocide as the product of slavering unthinking hatred stands in stark contrast with Lemkin’s notion of a calculated, complex, cold-blooded bureaucratic process.

In Eichmann in Jerusalem Hannah Arendt shows that genocidal violence on an industrial scale could occur at the hands of people who harbour no special hatred for their victims. Some have claimed that Arendt mischaracterised Eichmann, but the more general point has proved robust (in contrast with Daniel Goldhagen’s contrary thesis in Hitler’s Willing Executioners which is vigorously denounced by historians). Genocidal intent does not need to be demonstrated by the rhetoric of hate and extermination because neither is a precondition of genocide.

Different Israelis will have different and multiple reasons for participating in the genocidal violence and oppression that is visited on Palestinians. I do not think it would be over-generous to the Israeli people to say that the predominant motive is a quest for security. They claim that what they do is in self-defence. If we accord them the generous concession that we believe that they believe they are acting in self-defence, it does not mean that they are not committing genocide, nor even that they are not harbouring a racist hatred of Palestinians. If I said “I am not a racist, I am just scared of black men” you would be correct in telling me that I am actually a racist. Israelis who think that they are threatened by Palestinians as such being given by full sovereignty or full democratic rights are racist and genocidal. It is not that there may be no threat, but that they think with a double-standard that displaces all of the onus onto Palestinians without recognising any Palestinian right to establish relations that mitigate threats to their own collective.

There are also Israelis on the right, including hundreds of thousands of illegal settlers, for whom the genocide serves an overt expansionist plan of a “greater Israel” (as seen in Likud’s original party platform from 1977 which states “between the Sea and the Jordan there will only be Israeli sovereignty”). Most Israelis, though, simply believe that you cannot make peace with Palestinians unless you asserted total dominance over them. Arguably the second stance is more racist than the first, but both of them lead to the exact same genocidal policies. Two distinct motives leading to the same policy of genocide. Motive and intent are not the same thing.

Israelis have had a massive military advantage over Palestinians since before Israel even existed. Palestinians suffer due to this, far more than Israelis suffer. The racist claim is that Palestinians are too irrational and/or deceitful to make peace. Israel’s military occupation of the West Bank and Gaza displaces almost all of the risk and violence upon the Palestinian people with Israel operating security forces in the West Bank and blockading Gaza. Israelis are a rich people not allowing a poor people any autonomy because that would increase the power of Palestinians to oppose Israeli power. Not coincidentally the policy to suppress Palestinian power under a rationale of defence happens to allow illegal settlements to flourish in the West Bank. Whether the motive is defensive or expansionist hardly matters to the genocidal nature of the actions. Attempting to defend yourself by reducing another people to a point of inescapable weakness is a classically genocidal move that will inevitably lead to a logic of extermination because an oppressed people will always have some means to resist while they remain alive.

When Israel claims to be acting in “self-defence” we should know that this means attacking the people of Palestine as such – imprisoning, immiserating and killing them because it is their very identity, their cohesion and their bodies that Israel considers a threat. Taking this logic to its conclusion they will never consider themselves secure from threats until no Palestinians exist. The logic behind Israel’s actions is the logic of genocide. In the words of John Docker, genocide is a “composite and manifold” process. It does not begin nor end with periods of heightened mass violence such as Gaza is suffering at the time of writing this. The genocide began in 1947, but the current massacre can only truly be understood as part of that long tortuous generational crime.

Debasing the Coin”: The Tendentious Policing of the Word “Genocide”

“Genocide” is clearly one of the most misused words in the English language. This is not because it is overused, if anything it is more often underused. The problem is that people treat genocide as if the word were defined by some level of atrocity. Even supposedly serious genocide scholars embrace undefined subjective standards then accuse those who disagree of acting to “debase the coin” of the hallowed word. They want to police the usage of the term so that it fits an ideological notion of savagery and hatred. This tends to prejudicially exonerate richer, whiter countries who kill more clinically and from higher altitude while using better platitudes.

It is easy to understand the evasions and distortions used on the term “genocide” by analogy with the word “rape”. “Rape” is legally defined as a crime using the concept of consent. For decades, however, people have struggled to assert that rape is a matter of consent in the face of those who believe that “real rape” is when a stranger uses overt violence in an act that is either a form of abduction or burglary. Rape that happened outside of these circumstances has historically been downplayed, dismissed or ignored entirely. I could argue here very serious trauma can occur without someone beating a victim or holding a knife to their throat, but that is not the point. Comparing trauma and damage is an invidious trap that only serves to wrongly diminish, if not erase, a crime. The crime of rape cannot be denied by setting a minimum level of trauma or type of coercion because it is about consent.

Rape is rape is rape. Genocide is genocide is genocide. A genocide does not need to be compared or related to Holocaust to judge if it is worthy of the name. In fact, when Raphäel Lemkin coined the term he mostly eschewed reference to the ongoing extermination of European Jewry, of which he was well aware. Why? Because extermination or attempted extermination is a concept that does not need special elaboration and insight. Despite the fact that the word he invented – “genocide” – sounds as if it references immediate killing of a genos, it is a far broader term that encompasses violent extermination in a strategic spectrum.

In the very first paragraph on the subject of genocide Lemkin wrote:

Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be 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.

In describing genocide Lemkin, a Polish Jew, cited German occupation policies in many nations targeting many ethnic groups, referring most often not to Jews but to other ethnicities, particularly Poles. Lemkin had long been concerned with both the physical killing of ethnic groups and the destruction of their cultural and social cohesion. He attempted in 1933 to create two international crimes: “barbarism” which entailed mass violence against ethnic groups; and “vandalism” which entail attacks on “works of cultural or artistic heritage”. In simple terms the word “genocide” came from the final crystallisation of his sense that these are not separate phenomena and are part of a wider practice of which direct violence is only a component. Lemkin’s first published discussion of genocide was a very short chapter in a large book. Lemkin cast his net wide, suggesting some form of genocide for many different nations ranging from the “Germanisation” of those considered racial cousins, to the mass killing of Poles, Russians and Jews.

There may be no more important thing to note about the concept of genocide than the fact that had Lemkin chosen to focus his attention on the genocide of Jews, to be consistent he would have begun his accounting of genocide no later than Hitler’s assumption of the Chancellorship of Germany. Some scholars have actually criticised this aspect of Lemkin’s conception because it means that non-lethal acts of discrimination such as firing Jewish civil servants and academics were acts of genocide. Once again they feel that this “debases the coin”. But Lemkin’s unadulterated version of genocide is the only way in which the term can be used to save lives. Understanding that a genocide is occurring means that people can rise up to stop the acts before they progress to the stage of mass killing. Isn’t that more important than waiting until the killing is over then putting someone in prison?

Genocide is thus such a broad and sensitive concept that the terms that have been invented to avoid using the g-word are redundant and ridiculous. Words like “ethnocide”, “sociocide” and “culturecide” largely serve the bad-faith purpose of concealing genocide. People are often more comfortable using “Apartheid” or “ethnic cleansing” because these words are considered more reasonable and measured, but our only criterion should be accuracy. The habit of politesse has predictably that favoured the most powerful while scruples about accusing members of the developing world of genocide have equally predictably been eroded to mere pretension.

This selective usage of the word genocide creates strange illogic. For example, how is a state is meant to ethnically “cleanse” land while not committing genocide? Bear in mind that Lemkin specifically wrote that one possible aim of genocide was the imposition of the “national pattern” on “the territory alone, after removal of the population and the colonization by the oppressor’s own nationals.” It would seem that “ethnic cleansing” is a very straightforward manner to achieve this genocidal outcome. Forced transmigration is not specifically prohibited under the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCPPG), but it doesn’t need to be. There is no practical way of ethnically cleansing people from an area without committing acts prohibited as constitutive of genocide and if your aim is to remove a protected category of person from an area entirely then that is clear genocidal intent.

To illustrate, let us examine the words of another vaunted “expert” Omer Bartov who expounded his reckons on the link between ethnic cleansing and genocide during a Democracy Now! interview: “there is a connection between the two, because often ethnic cleansing becomes genocide. That happened, in fact, in the Armenian genocide in World War I….” I can not for the life of me understand what he thinks happened. Does he believe that Armenians were just delivered eviction letters and told that the government would like them to march into the wilderness at their first possible convenience and the Armenians went in quiet obedience without any violence being visited on them? Does he think that forcing them to leave their homes was not “causing serious bodily or mental harm to members of the group” and “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”? Does he think that the Trail of Tears was not genocidal?

One reason for Bartov’s weird attitude may be that he was almost certainly brought up (in Israel) to believe that Palestinians had conveniently ethnically cleansed themselves at the perfect time to allow Israel to declare itself a state. Israel concocted a lie – a lie still repeated by Israelis and pro-Israel leaders and journalists – that Palestinians responded to a call from Arab allies and decided to leave just at the right time for Jewish majority state to be created where such a thing had previously been impossible. Jews made up less than one-third of the population of Palestine and would have been a minority in any conceivable geographical partition. We have now known for decades that there was a co-ordinated plan to empty “Arab” population centres for reasons of “self-defence”. I won’t detail the infamous Plan Dalet and the controversies that surround its intent, but suffice it to say during its implementation there was widespread violence including a number of massacres. Palestinians fled as intended. Israel managed to create a Jewish majority state that encompassed 78% of Palestine. Israel immediate acted to ensure that none of the refugees could return under the grotesque rationale that by fleeing they had given up their rights of residence and citizenship. This is despite the fact that Israel’s recognition by the UN was contingent on compliance with UNGA resolution 194 which ordered that Palestinian refugees be allowed to return immediately. Then Israel systematically lied so that Israeli children, like Bartov, were raised to believe in the immaculate self-cleansing of 700,000 Palestinians.

Ethnic cleansing is a useful concept, but it cannot occur outside of the concept of genocide. It is not a lesser crime against humanity in some unwritten hierarchy of badness. It is an act of genocide which accompanies other acts including the inevitable acts of violence that must occur to facilitate ethnic cleansing.

Genocide is a concept that could allow us to see and stop the ongoing violence of the powerful against the powerless, but only if the word is reclaimed and used with rigour. This has to come from the grassroots. People with status and those deemed to be experts are far too compromised. Those selected as what passes now as public intellectuals are usually those whose words appeal to one or more billionaires. Nowadays the problem is more one of amplification and algorithms than one of gatekeepers, but the answer is the same as it was in the 1960s. Activists must engage in their own education, creating intellectual constituencies for voices that serve truth and justice rather than money and power.

In the mean time the genocide experts and campaigners that most people will see are all servants of the status quo, however much crocodilian sentimentality they display. They want to “punish” the crime of genocide, which means sending old men to the Hague when of necessity the defendants have long since lost their ability to harm others. Then without proof or any attempt at self-interrogation they claim that locking up these old men helps prevent other genocides. They want to prevent the “real genocides” which are like the “real rapes” – i.e. those committed by political enemies, the poor, and the non-white. The US, meanwhile, is the suit-wearing serial rapist of this analogy whose victims are at best ignored if not punished and persecuted for the act of naming the crime committed against them. Israel is the kid brother who needs big brother to bail him out, but shares almost the same level of impunity.

It is time for an international movement to end the ability of states to openly commit genocide without fear that it will be named. At the moment it is comparatively easy to condemn Israel’s genocide because many top officials loudly proclaim their genocidal intent with regards to the current massacre in Gaza. What we have to ask is if we think it is acceptable that the same acts would not be considered genocide if the Israelis exercised greater control over such communications. Do we as activists think it is wise to allow the perpetrators of a crime to be able to control whether the world believes the crime is taking place? Because that is the current situation and if we rely on Israelis to keep announcing their genocidal intent we will find that the well will run dry very quickly.

Genocidal Intent

Intentionality is an important part of the notion of the crime of genocide. In the crime of genocide it is not the individual acts that make the crime but the genocidal intent behind those acts. This is known as dolus specialis or “special intent”, however, this phrase is tendentious and prejudicial. We should use the term “genocidal intent” because “special intent” has inescapable connotations of exceptionality, if not rarity, that are sadly unjustified when it comes to genocide. It is also over-emphasised and almost mystified as something unique to genocide. Intent is also highly relevant to the criminality of other acts. I could knock someone else’s property into my open bag with intent to steal or without intent to steal. It may not be possible to determine criminality by the act alone. In many jurisdictions a mens rea (Latin for guilty mind) or niyaa (Arabic for intention) is crucially important and often necessary for an act to be considered criminal at all, regardless of the consequences of the act.

There is a notion that “special intent” is to be found in the words of the perpetrators of genocide rather than their actions. This is untenable, if not unserious, for many reasons. Genocide scholar Raz Segal referred in the very early stages of the onslaught on Gaza to a “textbook case of genocide”. Obviously this is a brave and welcome stance, but he has fallen into the trap of emphasising the dramatic genocidal rhetoric of Israeli leaders. Their talk of “flattening” or “erasing” Gaza is hard to ignore, but it is not relevant to whether or not they are committing genocide.

The emphasis on the overt confessions of people committing genocide leaves us in the

unjustifiable position of judging the nature of someone’s actions on the basis of whether or not they choose to incriminate themselves. It also leaves the hopeless circumstance of arbitrarily deciding who is and is not sufficiently highly placed, or influential, or practically involved to count as being able to evince genocidal intent when genocide is a collective set of diverse actions. Moreover, the rhetoric cited is without exception exterminatory, not merely genocidal. Remember that this is a rigged game. If an African leader, especially an opponent of Western hegemony, ever used terms like “flatten” or “erase” regarding enemy territory in time of conflict they would undoubtedly be pursued by the ICC until their dying day. In the case of an Israeli leader, though, any exterminatory rhetoric is likely to prove poor evidence of genocidal intent as soon as they are able to point out they did not in fact fully flatten Gaza, and that their plans and actions always fell short of completely erasing the people living in Gaza. The Israelis and their genocidal comrades will simply say that the passion that followed the shock of October 7 led to understandable hyperbole and that no operations ever aimed at enacting such drastic policies. By trying to go beyond the required proof of genocide Raz Segal may find that the “textbook case” is a will-o-the-wisp which will disappear, leaving him enmired in the bog of interminable apologism.

We need to always keep in mind that genocide is a set of actions that share a genocidal intent, not a genocidal purpose. The distinction between intent and purpose is crucial as can be seen in the analogy of murder. If I hate someone so much that I kill them out of loathing that is murder, but equally if I kill them because I want to steal their wallet it is still murder. In fact if I kill a complete stranger simply because they are blocking my view of the sunset and shooting them seemed less bother than asking them to move, it is still murder. I don’t need any particular animus aimed at the victim in order to have murderous intent. That is why “special intent” is such a terrible phrase. It is used to create a false historical narrative of genocides whose archetypes in the Holocaust and the Rwanda genocide are heavily mythologised. All of the complexities and contradictions of these mass events removed to create a simplified arc that begins and ends with bad guys who want to exterminate a people because of an implacable hatred.

Israel has clearly shown a pattern of targeting civilians. This is not “indiscriminate”. They are choosing to target civilians. This is a discriminate choice. They target hospitals and ambulances. This is a war crime under the Geneva Conventions. The IDF even tweeted revealing their deliberate and discriminate choice to attack making the false claim that that they became “legitimate military targets” if Hamas used them (the tweet was soon removed). The IDF has plenty of legal expertise to draw on and those who decide the policies and rules of engagement know that they are committing war crimes. The fact that they choose to do so is not just a crime in itself, it is evidence of genocidal intent. The disparity in military capacity between Hamas and Israel is so vast that any strategic calculation would show that the gains from, say, attacking Al Shifa hospital are vastly outweighed by the massive strategic losses they are sustaining in the international diplomatic world and the world of public opinion.

We have all seen what is happening. More than half of Gaza’s hospitals are effectively condemned by Israel and more than half of its population have been displaced, but neither the displaced persons nor the hospitals in the south are safe from direct violence nor the indirect violence brought about by lack of food, water and fuel. When many people fled south, leaving behind much including food preparation facilities, Israel bombed many bakeries. They have ensured that humanitarian relief is a small fraction of what is needed.

Clearly Israel has breached the UNCPPG under the first three prohibited acts of Article 2: “(a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the

group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its

physical destruction in whole or in part….” The fact that they are doing so in multiple different ways acting in concert towards the same aim is what makes this a “textbook case of genocide”.

The main way to discern genocidal intent is through the fact that multiple different actions by the perpetrator work towards the same outcome. The intent is evident in the actions. It is not tenable to suggest there it is possible to repeatedly contravene the acts prohibited in the UNCPPG without genocidal intent. If you can identify those acts as being inflicted on a protected group as such then that is enough to demonstrate intent. Statistically there is no question that the victims of Israeli direct and indirect acts of violence are overwhelmingly non-combatants, and the discrimination between Palestinians and Jewish citizens of Israel is so stark that I don’t think I need to enumerate it here.

As mentioned, relying on emotional and/or racist outbursts as evidence of genocidal intent is problematic on two counts. Firstly it allows Israel to conceal genocide simply by exerting greater discipline over its officials. Secondly there is an easy defence for Israel in that they can point out that such pronouncements were mere rhetoric and were not incorporated into doctrine, policy, strategy or tactics. Israeli actions are all that are needed to prove genocidal intent, but if we did want to use Israeli statements to prove intent it should be those evince an intent because they proclaim a purpose that cannot be obtained without committing genocide.

Genocidal intent is shown when Israel refuses to define its borders; when it funds, supports, and defends illegal settlements; when it openly talks of aspirations to annex Palestinian territory; and when Netanyahu pointedly displays maps at the UN that exclude the Occupied Palestinian Territories from existence. Genocidal intent is chillingly hinted at in all discussions of the “demographic threat” posed by a growing Palestinian population. As mentioned, no people will cleanse themselves voluntarily from their homes.

To give some perspective I will refer to something I wrote (p. 60) regarding the genocidal intent of Germans during World War II. The point I made was that the “Final Solution” was not documented as such until after it was well under way. They had already begun murdering all of Europe’s Jews, but they had not recorded an explicit intent and had events happened slightly differently might never have done so. Some have claimed that this means that Judeocide was a “bottom-up” process that was begun by widespread anti-Semitism then adopted by the leadership. I counter by pointing out that from the very first draft of the German Eastern strategy, Generalplan Ost, a future was envisioned in which tens of millions of people, including all Jews, would disappear from Eastern Europe. The fact that people seem reluctant to see these plans as evidence of genocidal intent seems quite eccentric to me, but it fits the pattern of ignoring the banal, detached and bureaucratic origins of genocidal thinking in favour of a more dramatic and demonic evidence. Israel is never likely to create a “Final Solution”, but it has its own equivalents of Generalplan Ost.

I am not suggesting here that Israel intends to kill or starve all Palestinians but I will refer back to my earlier point about ethnic cleansing being inherently genocidal. I will also remind readers that at the time writing Israel is killing hundreds of Palestinians every day. Moreover their ongoing siege, their forced displacement, and their attacks and destruction of medical and other essential facilities have already began to take a huge toll. Al Shifa hospital has been losing patients due to lack of generator fuel and other supplies to such an extent that it has had to bury 179 bodies in a mass grave. All of the ICU patients died. Hunger and infectious disease are both on the rise and anyone who has studied genocide or colonial history can tell you that the combination of hunger and disease is by far the greatest killer in times of genocide.

Referencing territorial ambitions also far exceeds what is needed to prove genocidal intent. Maintaining the territorial status quo while deliberately enforcing conditions of life on Palestinians that maintain weakness and poverty clearly involves inflicting “serious bodily or mental harm”. As one article explains:

In early 2006, Dov Weisglass, then a senior advisor to Prime Minister Ehud Olmert, explained that Israeli policy was designed “to put the Palestinians on a diet, but not to make them die of hunger.” In 2012 it was revealed that in early 2008 Israeli authorities drew up a document calculating the minimum caloric intake necessary for Palestinians to avoid malnutrition so Israel could limit the amount of foodstuffs allowed into Gaza without causing outright starvation.

Lemkin pointedly left “mass killing” until last when detailing the ways in which genocide is committed through physical means. Before killing came “Racial Discrimination in Feeding” and “Endangering of Health”.

It is worth reading just how many different forms of discriminatory practice that Lemkin considered to be genocidal. Craig Mokhiber resigned from the UN, citing a “textbook case of genocide” against Palestine. Like Raz Segal I can only applaud the use of the term, but decry the reasoning behind it. Mokhiber says that a “sense of impunity” has caused Israeli officials to say the quiet bits out loud when normally one has to comb “dusty archives” and “secret correspondence to see what they were really up to….” To be fair he does reference discriminatory actions, but he is still suggesting that the genocidal intent is to be found in hateful, vengeful and exterminatory rhetoric. Like Segal he links the “textbook” nature to the extremities of Israeli posturing. In reality, though, the textbook is the UNCPPG and “special” intent is merely “the intent cause destruction in whole or in part”. From that perspective “special intent” is not a really high bar. If we really wanted to know what a “texbook” case looked like we would use the examples set out by Lemkin in Axis Rule in Occupied Europe.

Reading Lemkin gives a very different idea of genocide and genocidal intent than the public is likely to hear from “experts”. Under “Techniques of Genocide” Lemkin lays out a diverse set of policies of destruction. I have already dealt with the “Physical” techniques, but the others are laid out below with illustrative quotes.

“Political” –“…local institutions of self-government were destroyed and a German pattern of administration imposed.”

“Social” – “The social structure of a nation being vital to its national development, the occupant also endeavors to bring about such changes as may weaken the national, spiritual resources.”

“Cultural” – “Not only have national creative activities in the cultural and artistic field been rendered impossible by regimentation, but the population has also been deprived inspiration from the existing cultural and artistic values.”

“Economic” – “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.”

“Biological” – “…a policy of depopulation is pursued. Foremost among the methods employed for this purpose is the adoption of measures calculated to decrease the birthrate the national groups of non-related blood, while at the same time steps are taken to encourage the birthrate of the

Volksdeutscheliving in these countries.”

“Religious” – “…through the systematic pillage and destruction of church property and persecution of the clergy, the German occupying authorities have sought to destroy the religious leadership of the Polish nation.”

“Moral” – “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 becomes very obvious from Lemkin that destroying a genos “in part” means weakening that genos through such “techniques” or, more properly, through acts proscribed in the UNCPPG. The International Criminal Tribunal for Yugoslavia ruled “the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole.” But this is case law for criminal cases brought against individuals. It is highly subjective and makes the presumption that the wording of the UNCPPG is to be ignored in favour of what the court thinks is the unwritten intention behind the convention. It begs numerous practical questions such as what is meant by “entire human groups” and in what timeframe is this meant to occur.

It seems as if the entire case-law of genocide is a gigantic argument from consequences that will only ever serve victor’s justice. As I will show below, moving away from the wording of the UNCPPG as a reflection of Lemkin’s concept of genocide leads to absurdities. Therefore genocidal intent requires no declaration of specific hatred, merely the demonstrated intent to weaken a people through proscribed means. Consistent actions against an identifiable protected group are in themselves evidence of intent as personnel cannot be impelled without such an intent. Moreover, extending full or partial impunity to one’s own people for committing crimes such as assault, theft, abduction, vandalism, rape and murder is essential to genocide. Once legitimate lawful purposes for providing such immunity are ruled out, there is clear genocidal intent.

As it happens Israel has a long documented history of undertaking the sort of acts of destruction that constitute genocide. I do not have the time to provide sources for each, but Israel has killed and imprisoned political and community leaders; it has attacked and vandalised community and arts organisations; it has attacked health providers; it has attacked and harassed worshippers and places of worship; it’s personnel have deliberately damaged places of religious and historical significance such as the Church of the Nativity; it has destroyed archaeological sites, graves and architecture in such a manner as to erase signs of a Palestinian identity from the land. Norman Finklestein’s book Beyond Chutzpah alone contains a litany documented acts by Israel that are clearly constitutive of genocide. The rationale of maintaining a power disparity (i.e. weakening Palestinians as such) is openly avowed. The book came out in 2005, before there even was a siege of Gaza and before the repeated mass violence against Gaza. In 2008-9, 2012, 2014 and 2021 Israel attacked Gaza killing mostly civilians and inflicting great damage on civilian homes, property and infrastructure. Israeli officials sometimes refer to this as “mowing the lawn”.

If we put too much emphasis on the current slaughter and the heightened rhetoric that has accompanied it we risk putting ourselves in a position that effaces the banal genocide of the day-to-day realities of Israel’s occupation and slow ethnic cleansing of East Jerusalem and in the West Bank. This would imply a version of genocide that starts when Israel starts dropping bombs, then stops when there is a ceasefire, but then starts again when bombs fall a few years later.

Genocide Does Not Have an On-off Switch

The orthodox view of genocide has little to to with Lemkin’s original idea. The UNCPPG obliges all states that have ratified the convention to take action. When it came into force in 1951 the US was committing genocide. They killed at least one million Korean civilians with a bombing campaign alone. Political and military leaders used racist and exterminatory rhetoric every bit as overt as that used by Israeli leaders today. It was, by those standards, a “textbook case of genocide”. Yet, as historian Bruce Cumings noted, under the wording of the UN Convention the US was committing genocide while under the auspices of UN Command itself (The Korean War, p 149).

What the US was doing in Korea was horrific and condemnable, and the world might be a much better place if the member states of the UN had acted to stop the slaughter because of its genocidal nature, but it can hardly surprise anyone that it did not. Nor can it be any surprise that governments failed to recognise subsequent US genocides in Laos, Viet Nam, Cambodia, Afghanistan, and Iraq (that is not even to mention the fact that many other US actions including sanctions programmes are clear intentional acts prohibited under the UNCPPG). As things currently stand the Genocide Convention has become a joke. The logic of Lemkin’s notion was smothered in its infancy because it was made into law and states were expected to act against something that was still a common practice of powerful countries.

Expediency has forced the official world to twist and contort the notion of genocide into one that does not so obviously inculpate the US, its allies, and its most powerful rivals. Then the subjective and irrational received version of “genocide” became a useful tool for the powerful to delegitimate leaders or regimes that are obstacles to the exercise of power. It is now also a tool of interstate public diplomacy, wielded in the most brazen cynical manner. The orthodox notion of genocide is encrusted with the dripping filth of realpolitik, but many caught up in the glamour of performative human rights work imbibe this ordure as if it were ambrosia, doing the work of the oppressor while basking in the self-righteous glow of false humanitarianism. Unwittingly, even those who want to use the term “genocide” in more worthy causes are trapped into mirroring the subjective and undefinable usages of the self-serving.

Katherine Gallagher, a senior attorney for the Centre for Constitutional Rights (CCR) which has filed a case against the Biden administration to block their further assistance in the ongoing genocide. By this they clearly mean the current assault on Gaza. In an interview with Democracy Now! Gallagher says the following: “And in recognition of the severity, that this is the crime of crimes, when it requires the specific intent to destroy a group, a national or ethnic group, in whole or in part, that is such a serious crime that states are obligated to take all measures within their control, all measures possible, from the second, from the minute they learn of the possibility of genocide, to stop that.”

Such constructions of “genocide” are full of absurdities. Take the “crime of crimes” assertion. What does it even mean? I could make a robust case that the US sanctions against Iran are genocidal on the basis that they fit the literal terms under which genocide is defined in the UNCPPG. In contrast I could very successfully argue that the Atlantic slave trade was not genocidal because it does not fit the literal terms of the UNCPPG. Should we argue that this is wrong because the Atlantic slave trade caused much greater death and suffering than the Iran sanctions? Or, should we just be fucking grown-ups and realise that words are not toys and that no useful categorical term is ever going to correspond to “a bad thing that I don’t like”.

Perhaps one of the most ridiculous things is the way that the passage of time is ignored. Take the question of intent. What is the shelf-life of an expression of genocidal intent? If Israelis keep doing exactly the same things but stop making racist statements about it, when does it stop being genocide and become a nicer form of killing people? At the other end of the spectrum, how far back can we obtain our “specific intent”. Plenty of early Zionists sounded pretty genocidal. Ze’ev Jabotinsky believed that a Jewish majority could only be established by force, saying that “All natives resist colonists” and comparing Palestinians to Sioux and Aztecs. To be clear “force” means killing members of the group, which is covered in the UNCPPG. The nicer Zionists distanced themselves from his rhetoric, but it didn’t stop them from using force to establish a substantial Jewish majority in 78% of Palestine.

If Jabotinsky is too right-wing or it is objected that he died before Israel existed, then we might look to the infamous words of Golda Meir who said that there was “no such thing as Palestinians”. Her reasoning is based on specious historical assertions, but in terms of genocidal intent it is perhaps the most chilling manner of creating the moralistic space for an intent to destroy a people – to suggest that their existence as a people is already a fiction. Is that not in some ways worse than calling them “animals”?

Likewise the passage of time is ignored when it comes to defining those acts that constitute genocide. Gallagher references the same three prohibited acts from the UNCPPG mentioned above – “…killing, causing serious bodily or mental harm, and creating the conditions of life intended to destroy a population, in whole or in part.” It is very clear from the context that Gallagher and the CCR are referring to recent events in Gaza, but when exactly do they think that Israel has not been “…killing, causing serious bodily or mental harm, and creating the conditions of life intended to destroy a population, in whole or in part”? If both of the latter acts are separate and sufficient in themselves to be considered genocide (as the convention makes completely clear) why is it that genocide is only being talked about now that killing is happening on an industrial scale?

The emphasis on killing also begs the question of what level of killing is sufficiently low for people to consider the genocide to be over. Would it be 10 a day? 1 a day? 1 a week? What is “substantial” enough? And then if they drop below that quota does the genocide start again when they next exceed that quota? Or does that make a new genocide altogether? Israel has repeatedly attacked Gaza. This attack may be worse, but it is not qualitatively different from Operations Cast Lead, Protective Edge or Pillar of Cloud. What conceivable real world criteria would allow someone to say that genocide is happening now, but that it wasn’t happening 3 months ago, or back to 2007, or back to 1967, or back to 1947. No sensible distinction can be made. The occupation is the genocide.

And what of the West Bank? If Israel is committing genocide in Gaza then the group it is committing genocide against is Palestinians as such. Are we supposed to believe then, that they are not committing genocide in the West Bank? If not, why not? Is it a matter of body count? Is it the bombing? What is it that makes one genocide and another not. Israeli military and settler violence is growing on the West Bank, as it was before October 7. Villages are being ethnically cleansed. There is killing. There is mental and physical harm. That is indisputable. People are also subject to conditions of life which are calculated to bring about their destruction in whole or in part. This is in part the confinement, restrictions and deprivations along with property destruction that are justified by the state of Israel as security measures, or it is the theft and destruction by Jewish settlers of Palestinian property (which occurs with state support) which can only be motivated by the desire to weaken and immiserate the Palestinians. Read Lemkin again. This is what he was talking about. The occupation is the genocide.

The Occupation IS the Genocide

As I have previously written:

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.

Lemkin had a long list of genocides that included every people subjected to modern-era settler colonialism, including Jabotinsky’s Aztecs and Sioux. Not one of these genocides stopped and started. He did not think that different policies at different times against the same people could have been different and distinct genocides because that would have been historically stupid and contrary to the very insight that led to him coining the term genocide. Equally, none of these genocides had to pass a court determination that someone was criminally culpable – despite the fact that Lemkin was a lawyer who fought hard to make genocide a crime. I highly doubt there was a single case where he thought that a people had been attacked and subjugated but he could not use the term genocide until he found some “dusty archives” showing a “specific intent”.

Israel has always had a genocidal intent towards the Palestinian people because they used the Arab world’s rejection of the non-binding UN partition plan to use acts of mass violence to ethnically cleanse a large swathe of Palestine. Retrospect makes these events seem inevitable, but Zionists who did not subscribe to Jabotinsky’s view could have prevented this and waited, agitating for a Jewish homeland that had it’s security guaranteed without being a Jewish majority state. That is what many claimed to believe in. Instead they chose a violent path that of necessity and by intent involved the destruction in part of the Palestinian people. While they insist that safety can only come from a Jewish majority state, which is the overwhelmingly prevalent stance, they are both practising apartheid and demonstrating a clear genocidal intent towards the Palestinian people.

The occupation is the genocide. Palestinians both inside and outside the Occupied Palestinian Territories (OPT) have the inalienable right of return to their ancestral homeland. It is recognised in international law and UN resolutions and Israeli efforts to get Palestinian leaders to abrogate that right have failed, and must always fail. Yet they insist that the security of a Jewish majority state must always oppose those human rights. They seek to impose ever more control and extraterritorial power over the OPT and in doing so they seek to permanently subjugate the indigenous and refugee Palestinians living there. In the West Bank, as with Gaza, conditions of life are dictated by the occupying power and they are clearly calculated to restrict economic, political and military power. That is genocide. In innumerable ways they restrict and degrade cultural, artistic, recreational, spiritual, and intellectual life. That too is genocide. The occupation is the genocide.

Two Choices. Two Futures.

It feels at the moment as if change is in the air. We sense that public sentiment has irrevocably turned against the occupation of Palestine and in favour of Palestinian freedom. People are reminded of the struggle against South African apartheid, but it is not clear that public sentiment can force real change, especially if activists remain in the mode where they stay fixated on “awareness” and public sentiment while neglecting tactics that address the power structures of society. Western societies have become so undemocratic, especially two-party systems such as the US and UK, that no amount of public opinion seems able to change some types of government policy.

While it seems that Israel is is over-reaching now and no one will ever forget this cruel slaughter, we should not forget that this seemed true to some extent during Operation Cast Lead in 2008-9. In the 2009 “Al Fakhoora (Al-Fakhura) School Incident” around 40 were killed by Israeli shelling. The reaction of global outrage was immediate. Even the UK government called for an immediate ceasefire. Al Fakhoora was so symbolic that a major Qatari higher education charity programme is named in memory of the massacre. In contrast recent strikes on the very same school costing 15 lives (4 November) then around 200 lives (18 November) have seen no such reactions from officials.

Even as it loses public sentiment Israel is winning the propaganda war by changing norms and making that which was universally unacceptable into that which must be discussed and weighed. For example the debates about Al Shifa hospital, which seem at first to be conspicuous failures of propaganda, exploit known media practices to create a long running multi-cycle news story that seems, due to the rules of reportage, to suggest that there may be some legitimate room for debate about whether Israel can legally attack a hospital. Meanwhile, having fixed the media as if they were an armed opponent drawn by a feint, Israel is wreaking widespread destruction against Palestinian hospitals and clinics, including even some in the West Bank.

As things currently stand Israel looks to continue a systematic attack on Palestinian medical facilities that is clearly genocidal while fostering debates about different individual sites, such as Al Shifa and the October 17 blast at Al-Ahli “Baptist” Hospital. In the latter case there were probably hundreds of deaths (though not the 500 initially reported) and Western media has spent incredible resources into proving that Israel’s claim that the blast was caused by a misfired Palestinian rocket is theoretically possible. In other circumstances this would be justified, but the weight of circumstantial evidence against Israel makes this exercise in vulgar empiricism seem misguided at best. There had already been 51 attacks against Gaza’s medical facilities from 7 to 17 October. Israel had thrice ordered the hospital evacuated from the 13 October. Since then Israel has continued to attack medical facilities and there are no functioning medical facilities left in the north of Gaza. Yet there is still serious debate about whether by some amazing stroke of luck for Israel the Palestinians accidentally took out a facility that Israeli forces were clearly intending to attack immanently. This shows the hazards of a narrow focus that excludes a greater context. Attacks on on medical facilities need to be viewed as a whole, and when viewed as a whole they clearly fit the definition of genocide.

The best tool that activists can use to exert actual power is to change the framing of the narrative. Leaders cannot be brought to follow the democratic will whilst they can evade direct statements of that will. Avoiding democracy is now a massive industry. It has developed from the humble self-taught rhetorical tricks of slippery politicians into the complex discipline and practice of political communications. Increasingly this is less about content and persuasion than it is about misdirection; luring people into narrative lines that turn into cul-de-sacs where resolution of contended issues is impossible. This means that there are always plausible reasons to be given for not acting to stop the slaughter in Gaza. Issues of consequences, of timing, of efficacy, of legality and even of fairness are used to excuse collaboration, including the collaboration of inaction.

There is a chance for real change and a free Palestine. We need to dismantle the narrative structure that perpetuates injustice. We need to challenge those telling people that what they see with their eyes is mere anecdote and that wiser heads feel that a certain amount of mass killing is a necessary unstoppable part of our best-of-all-possible rules-based international system.

The best signs of hope in these times have come from those who have defied and pushed back against narrative frameworks that seek to keep them on the defensive, having to condemn Hamas and affirm Israel’s right to defend itself then, as I wrote earlier, “…take the stance of a supplicant begging for moderation, clemency, or mercy”. The concept of genocide is a key tool in dismantling the narrative oppression that cripples our ability to fight physical oppression.

Two possible futures lie ahead of us. I will be detailing those futures how to shape them in a subsequent article, but suffice it to say that without real radical change that involves serious material consequences and constraints for Israel, the genocide will continue. The bombs will stop falling, but the people of Gaza will live in dire and horrific circumstances. Palestinians will suffer deprivation and death while Israel, though blamed by most, will continue its charade of allowing humanitarian aid at the expense of its own interests. Eventually desperation will drive one or more Palestinians into a salient act of violence that allows Israel to let out its war-cry of “self-defence”.

And the bombs will begin dropping again.

Then UN officials and the genocide experts can talk gravely of “a potential genocide” again, worrying if the killing might cross their unmeasurable imaginary line into being “the crime of crimes.” Then Israel will stop bombing and the world will keep it’s silence until the next “potential genocide”. And the next. And the next.

This leaves us only only two choices: unending genocide or free Palestine.

UNSC Draft Resolution on Palestine: Aotearoa Dances the Whisky Tango Foxtrot

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2013-Limbo

This is an unscripted commentary about the abysmal and cowardly draft resolution circulated by Aotearoa/New Zealand at the UNSC. The resolution purports to encourage and to bring closer a “two-state solution” to the occupation of Palestine.
This resolution is founded on delusions and lies that can no longer be excused.
Apologies for the uneven audio quality in the first 10 minutes

Meet Willy Pete®: The Collected Orrmails

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On the 15 of August 2015 Dr Vacy Vlazna published an article detailing an event that had happened exactly one year earlier during a protest at the offices of the NZ Superfund (a public retirement fund):
“…[C]oncerned young protesters [had] chained themselves in the NZSF office (Auckland) demanding that the NZSF immediately divest from Israel Chemicals (ICL) – a supplier of lethal white phosphorus to the US army for the manufacture of munitions sold back to Israel to barrage fire and death on Gaza.
In response to spokesperson Nadia Abu-Shanab’s passionate urging for divestment, Adrian Orr’s smug retort was,
‘Do you brush your teeth? ( Nadia: ‘Sorry?’) ‘Do you brush your teeth? White phosphorus is used in many places.’”
The speaker, Adrian Orr, is a very well paid executive. His smarmy attitude became even more apparent later: “Nadia then goes on to say, ‘Palestinians have actually identified the company’ and Orr butts in with appalling callous flippancy, ‘I can identify lots of companies that annoy me in life.’”

The article ended with a call to action:
“Ask folk to write to NZ SuperFund CEO Adrian Orr at enquiries@nzsuperfund.co.nz and Cc john.key@national.org.nz
with just two sentences:
Adrian Orr
CEO, NZ Superfund
Brush your teeth with white phosphorus or divest from Israel Chemicals!
No war crimes investment in my name.
…and click resend every morning to maintain the rage and principle.”
Everyone who reads this wherever you are in the world should do exactly that. I set out to do exactly that, but my restless fingers decided to do something a bit more elaborate.
By the request of a reader I have decided to gather together all of my love letters to Adrian Orr. Please respect the fact that I am opening my innermost intimate naked self to your probing gaze.

Re: Humble Apologies
To Adrian Orr,
In my email yesterday I fear that I may have implied that you were a fatuous overpaid moral midget. On reflection, however, I think I see your point. You were highlighting the “dual use” of chemicals that can have beneficial effects. It has made me reassess my whole stance on the people who made Zyklon-B. People forget that although more than a million died slow agonising deaths in giant gas chambers poisoned with Zyklon-B, it was also used to delouse clothing. By ridding the clothing of these pests, many people will have be saved from irritation. That is the thing about something like white phosphorus, we get on our moral high horse about people dying in terror and agony or being maimed, yet life is never just a matter of black-and-white like that.
Thank you for opening my eyes.
Yours gratefully,
Kieran Kelly

Re: I am Hurt
To Adrian Orr,
I must say that I am a little hurt and upset that you haven’t acknowledged the sincere apology that I addressed to you yesterday. It hurts because I look up to people like you. Some might say that you are a vacuous apparatchik who will say any old moronic thing – such as implying that white phosphorous is used in toothpaste – in order to justify the unjustifiable. But I know that is not the real you at all. I mean, what sort of world would it be if we paid $800,000 per annum to an utter imbecile? That would be completely unthinkable.
Anyway, I just wanted you to know that your disregard is hurtful, but I can rise above that. I actually have some news. This news involves you, but I’m not quite ready to divulge all just yet. Hopefully I can let the cat out of the bag tomorrow, and I assure you that you will be the first to know all about it.
Yours Sadly but with a Hint of Optimistic Anticipation,
Kieran Kelly.

Re: Exciting New Project
To Adrian Orr,
I notice that you still haven’t responded to my emails. Was it something I said? I really would appreciate it if you contacted me. I have something very important to discuss and it may be to your advantage.
In fact, I am struggling to contain my excitement here, because you have given me a gift more precious than you could ever hope to understand – the gift of inspiration. You see, it is entirely thanks to you that I have nailed it. I have come up with a concept for a new product that will take the world by storm – Willy Pete Toothpaste®!!!
This product will literally set the world alight one bathroom at a time, and I owe all of the credit to you.
I think I should point out here that when I said that this news would be to your advantage I didn’t want to suggest that my gratitude would extend to sharing profits, but I thought you might get a spiritual boost from knowing how inspiring you are and that is worth more than mere money.
What I am prepared to give you, though, is a complementary sample tube. All I need to do is find a material that can contain the white phosphorous paste and still be flexible enough to squeeze. As it stands the product has a tendency to ignite and burn right through flesh and into the bone itself. It also produces a cloud of fine particles that stays in a type of dehydrated gaseous suspension that will sear people’s eyeballs and burn people from the inside out when inhaled. It’s a real bummer, actually.
Yours in Excitation,
Kieran Kelly

Re: Please Help Me
To Adrian Orr,
I wouldn’t normally dare to ask this, but I am desperate. I really really really need your help.
As you know I have begun work on my exciting new product Willy Pete Toothpaste® but I keep hitting roadblocks. I know that being an entrepreneur means that I must take the good with the bad, but I am getting near breaking point. No matter how hard I try to make a nice sanitary product out of white phosphorous it still remains a chemical that kills, maims and poisons. The fact that it also brightens and whitens just seems a little insignificant to someone dying in fear and agony.
I realise that you are not a chemist but it would be a real help to me to just know how you mentally sanitise white phosphorous. For you, it is apparently easy to ignore all of that whole killing side of things. If we could just harness that sort of attitude – if only for marketing and quality control – it might just save the enterprise.
I am desperate here. I have always thought of you as the Jedi Master, while I am your humble Padawan. In that vein I know you will not mind if I beg you: Help me Obi Wan, you’re my only hope.
Yours Anxiously,
Kieran Kelly.

Re: Responses to Mr Orr’s Questions
To Adrian Orr,
I have not yet heard back from you and I am aware that you are probably very busy. I really would appreciate your input, but I know you must have questions of your own. I cannot promise to address all of your concerns but I think that these responses might answer your most urgent needs.
1.    Yes, but not for religious reasons. At the time the procedure was often performed as a hygiene measure.
2.    No Police record – just a solo album by Sting.
3.    World peace and an end to all hunger – JK, ;-) No, really I would ensure greater stability and a single lasting final solution to the problem of overpopulation.
4.    The death penalty, with no exceptions of coming from “broken homes” or any of that boohoo poor crim nonsense.
5.    Some of my best friends are Maoris.
6.    It is a business like any other and it is not appropriate for government to interfere with the market for alleged “moral” reasons.
You can see that I really am on the same page as you. You can trust me, so please write back!
Yours Transparently,
Kieran Kelly.

Re: Some Clarifications
To Adrian Orr,
I must apologise if my last email left you somewhat perplexed. If you are wondering why I wrote JK, it was not in reference to John Key, as in “FJK”. Not that I don’t want to mention John Key. He is a wonderful role model – a humble Kiwi who made it big at Merrill Lynch but rather than just looking after himself and his money he came back to give something back to our country by being our Prime Minister. But, though John Key is seldom far from my mind, or heart, in this instance JK stands for “just kidding”. And the punctuation that followed “;-)” is meant to represent a wink – letting you know that I didn’t actually mean what I said, in fact quite the opposite.
I have also been told that my choice of words was somewhat unfortunate. Apparently suggesting that there should be a “final solution” to global overpopulation sounds potentially harsh. I know from the way you responded to protesters concerned about the issues of horrific weaponry being used on our fellow human beings that you are like me. People like us could never suggest that harsh measures will be necessary to deal with excess population ;-) I am not one of those that believes that it is inevitable that the weaker members of our species must die for the greater good of all ;-) I am sure that overpopulation on a planet of finite resources will be solved by a coming together of all peoples in multicultural harmony ;-) And I definitely don’t think that poor people, who all seem to insist on breeding like rabbits, have only themselves to blame if they end up starving to death after they have poached all the game animals ;-)
I think you can appreciate the depth of my feelings about this.
Yours Resolutely,
Kieran Kelly

Re: Bloody Hippies!
To Adrian Orr,
I know that you were once like me – burning to make the world a better place and earn lots of money doing it. And what better place to do that than in the finance sector where the most ethical and the most productive activities of the entire human species are conducted. Yet, despite the fact that banks are more beneficent than any charity, they pay extremely high salaries.
But apparently all of these ridiculous hippie do-gooders are just too stupid to know that they can do more good in the finance sector than they can do with silly sit-ins (which only stop smarter and better people from doing the real work of making the world a better place) and they could earn a bloody good living at the same time. Not that any of them could handle a real job anyway, but I think we can agree that they should just bugger off and die somewhere.
These idiots don’t understand that you do the real work of making the world a better place and, quite frankly, it makes me wild that they have the gall to imply otherwise. Who do they think they are? That is why it was such a classic moment when you shot down that stupid blathering on about white phosphorous. That protester was lucky to get away with just being made a fool of. The day will come soon when you won’t have to put up with that protest nonsense. It will be like America and you, in your position, won’t even have to say a word. You can even pretend to be all supportive and say “let them speak,” but a big guard will say “sorry sir, I have my orders”. Then the hippie will be freaking out saying “Don’t tase me bro.” And then it’s ZAP! and you can go back to work doing real good.
What amazes me is that nobody makes these people protest, and they know it doesn’t do any good. They must want to get hurt, otherwise they’d just stay home and watch X-Factor like the normal plebs.
Yours Irately,
Kieran Kelly.

Re: From Far Beneath You
To Adrian Orr
I am very hurt by your continued refusal to respond to my emails, but I admire you for it. I know that if you acknowledged the time and effort I put into writing to you it would only be doing me harm. It would make me complacent and self-satisfied and it would destroy ambition and aspiration. I understand. For someone like you to stoop down to my level would be mollycoddling condescension. That is why, despite the frustration and pain, I revel in the fact that you respect me enough to ignore me.
To you my communications must be like those of a puny ant squeaking up at you. But your neglect drives me on, and one day I will be worthy of your attention. You see, I am still working on the Willy Pete Toothpaste®. I know that when I last wrote I had struck some obstacles, but the inspiration of knowing that you yourself embrace the idea of a toothpaste made from a chemical weapon gave me the faith required to continue. I know I am close to a breakthrough. I feel it in my bones. One day I will be able to hold my head up and look you in the eye. Perhaps we could play golf together, or maybe get some cocaine and hire some prostitutes.
Yours in Happy Anticipation,
Kieran Kelly.

Re: Do Not Forsake Me, Oh My Darling!
To Adrian Orr,
Once again I must humbly beg you forgiveness. I realise that I have been less than forthcoming recently with details of this product development phase for Willy Pete Toothpaste®. I have simply been snowed under. But the results, I hope, will speak for themselves. Sadly, those results will have to wait for another day. For now it is hush-hush.
You will recall that I was having difficulty with product development. Having taken the inspiration from your tacit suggestion that white phosphorous can be used in toothpaste, I was having real difficulties with the fact that any product that contains white phosphorous as an ingredient is toxic. Then there was the additional volatility problem, which meant we couldn’t even get the stuff in tubes without it igniting. That brings me to the third problem, the tendency for the product to sear, maim and kill consumers.
Obviously in the case of a company like Israel Chemicals they actually want the end consumer to be maimed or killed, but that is quite a different business model. At this stage we envisage that our marketing and distribution would focus on the major supermarkets rather than shooting the product at screaming fleeing consumers. I don’t think that New Zealand is quite ready for that level of guerrilla marketing. Mind you, if you hear anything from JK (as in FJK, not “just kidding”) then just give us the nod. I don’t want to say too much, but just think “dual use” and I’ll leave it at that.
Yours Ready to Face All Contingencies,
Kieran Kelly

Re: Utopia is Just Around the Corner
To Adrian Orr
You will be glad to know that I have been working hard. You fired me up. You light the way. You are the wind beneath my wings. But as they say, a project like turning a cruel and obscene weapon into a trusted household product is 10% inspiration and 90% perspiration and I am dripping wet now.
I know that you’ll think I’m being a tease, but I’m going to save the best news until later. I want to see if I can’t just string you on a little longer before the big pay-off. Suffice it to say that things are now progressing nicely. What I am prepared to let you in on is our brand new slogan for Willy Pete Toothpaste®.
Are you ready?
Wait for it…
The slogan is…
Feel the Burn!
Isn’t that great? The thing I love best about that slogan is that it has that Idiocracy factor. Rather than working on different levels, it doesn’t work on any level but it doesn’t matter. You know that film Idiocracy? There’s a great scene where everyone is starving because because the crops are dying. The crops are dying because they are being watered with sports drink. They are being watered with sports drink because it has electrolytes and the people know electrolytes are good because TV tells them so. Electrolytes are a selling point so they must always be good. It is like Newspeak in George Orwell’s 1984 where words are replaced with just “good” or “bad” so you don’t need to bother with context or nuance.
I don’t mind telling you that when Idiocracy came out some of my friends in marketing said we would never end up like that. I told them at the time that they were being negative, and I think it is safe to say that I was right. Look at Donald Trump.
Idiocracy is just round the corner and that is the inspiration for Willy Pete Toothpaste® and that is the inspiration for the slogan – Feel the Burn!

Once again I have you to thank, because when I saw you trying to confuse and humiliate a protester by this left-field out-of-the-box notion that white phosphorous could be used in toothpaste I was immediately reminded of O’Brien from 1984. If you recall, there is a point where Winston Smith is struggling with the way that O’Brien combines a great facility of mind at one point and a subhuman stupidity and obtuseness at others. Of course, by the end Smith understands the truth. When you are truly powerful there is no such thing as being stupid; there is no such thing as being wrong.
Hail to Thee, Oh Mighty One,
Kieran Kelly

Re: Why Do I Love You So?
To Adrian Orr,
I think that I have made it absolutely clear how much I admire you, but if I was to be honest I also hate you. I hate the fact that you came from a humble background. I can’t help it if my parents were intelligent. I would love to have been raised by a junkie single-mum sucking at the government teat just so I could prove that I was made for better things.
What makes me most jealous, though, is the fact that you can say things that I can’t. People like you don’t have to mince words about society’s losers. You are the Novus Homo – the New Man – like the renowned Cicero. He was the greatest defender of a system that was basically a meritocracy – well, it was certainly better than letting the stinking mob spread chaos and destroy all that was great about Rome. I see you in that light, as a type of neo-Optimate, but instead of defending Patrician power you are defending something even more noble – the power of the market.
When you finally lost your cool with the pro-Palestine protesters and sneered. “I can identify lots of companies that annoy me in life”, you were actually making a very principled point. I know it came across a bit like you were just being an arrogant arsehole, but the fact is that we can’t attack successful companies just because we don’t like them. Everything that is great and good about our society comes from the success of companies whose very success comes from supplying demand. We can’t pick and choose what we personally like instead of heeding market demand because, as Friedrich Hayek points out, that is the Road to Serfdom. Some people might have some sort of political view about creating munitions that incinerate people, but if there is a market demand we can’t ignore it. If people are willing to spend real money to burn other people, then denying them would be very distorting and dangerous. In fact, Hayek says that if we do that we will all end up as slaves living in a Totalitarian nightmare eating algae and wearing unisex overalls. I can’t quite remember his exact argument, but he was a respected economist and Thatcher loved his book so it is definitely real economics and not a lunatic tract for moronic ideologues.
Peace. Out.
Kieran Kelly
P.S. Of course, our own JK is another Novus Homo, isn’t he? However, I must admit I don’t really see him as being in the mold of the great Cicero. He has the passion, but not the diction. It does make me think of another Roman orator though – Cato the Elder. He is still remembered today for earnestly crying out “Carthago delenda est!” whenever he could get away with it. I reckon that if the Right Honourable Member himself is concerned with his legacy he should take a page from Cato. Instead of fussing around with this flag nonsense he should make it his unerring habit to end his every utterance in parliament by yelling “Get some guts!” That way, he would definitely be assured of a place in the history books. He would probably get on John Oliver’s show again too, and that exposure is great for brand “New Zealand”.

Re: And another thing…
To Adrian Orr
And the other thing about you bootstrapped peasants is that you have a lot of privileges that are not available to people like me. As I said, I can’t help the fact that my parents were not stupid losers working as toilet cleaners, or stablehands, or whatever it is that feeble-minded plebs can manage without chopping their own hands off. (Incidentally why do we have to pay ACC levies to compensate those who are too stupid to do menial tasks without mutilating themselves? Why do people seem unable to grasp the fact that this creates incentives for people to maim themselves? Has this world gone completely mad?)
I give you full credit for pulling yourself from the festering swamp of drooling inbreds that we know fondly as the “Great Unwashed”. Bravo, and all that, but now that you have scaled to the heights of fully-evolved sapience (and hopefully kicked the habit of grooming your relatives looking for juicy lice to eat); now that you are arrivé, as it were, you have that great privilege that I mentioned in my earlier missive. Your lowly origins mean that you can speak your mind where I can not.
For me life is a minefield. There are so many things on which I cannot voice an honest opinion without being accused of being worse than Hitler, and that is only the half of it! I cannot even point out simple matters of fact without being accused of being a privileged rich white man. Talk about ad hominem album!
That is why I was frustrated watching you talk to those screeching busybodies that were trespassing in your office building. We both know that they don’t really give a toss about the Hamas-loving hummous-eaters they claim to care about. They are just doing this to pad their resumés with “activism” so they can get into lefty politics and then hop aboard the UN gravy train like Aunty Helen. But these Arabs, these so-called “Palestinians”, in Gaza are not like Giant Pandas or Sirocco the Kakapo. People want to save cuddly nice charismatic deserving creatures, but you could have completely queered their sales pitch by telling some home truths about the so-called human beings whom they paint as being victims.
Did you know, for example, that 40% of the Gazans who can work don’t even have a job! Even most of those who do have a job take handouts from UN and NGO “benefactors”. Imagine that: a whole cramped little territory of hundreds of thousands of bludgers sticking their hands out. (That is what we will have here in our own country if we keep rewarding people for sitting on their arses and being poor). And half of the houses in Gaza are rubble, but even though they don’t have any jobs they still don’t rebuild them! They just sit around waiting for someone else to build everything for them. And with your humble background you can say this sort of thing. You can say, and it is just a simple fact, that we cannot support these people forever. The kindest thing is to just let nature take its course, or even to act to shorten the suffering of these miserable souls. It is pure undeniable fact, but when I say it, people call me a monster. I don’t think they understand how much that hurts my feelings.
Live Long and Prosper,
Kieran Kelly.

US Rule in Occupied Earth (or Everything You Need to Know About Genocide, but Never Knew to Ask), Part 1: State of Exception

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Armenian-genocide-bones

Audio: http://www.radio4all.net/index.php/program/81982

or direct link to mp3: https://ia601504.us.archive.org/29/items/20150728USRulePart1/20150728%20US%20Rule%20Part%201.mp3

[Below is a transcript which is about 95% complete and which contains links to some material that is cited in the commentary]

It would be a vast understatement to say that the word “genocide” is not well understood. In politics, in academia and in normal everyday communication the word is almost exclusively misused and abused.

You might believe that the normal everyday usage (or, sometimes the usage of those with the authority of knowledge) is definitive. What a word means is what meaning is given to it. In most cases I would agree. The usage by ordinary people of a word is where the word usually derives its meaning. Not, however, when that usage contradicts itself. Not when that usage can only misrepresent the actualities that it purports to describe. And not when it is completely divorced from its original meaning.

For example, a recent Buzzfeed article refers several times to the British “attempting” genocide against Aborigines. That makes no sense. Genocide isn’t a single act, like burglary. Genocide either happens, or it doesn’t. We don’t refer to the genocide of Jews in World War II as “attempted genocide”. We don’t even refer to an “attempted genocide” in Rwanda. People have a vague notion that genocide must somehow mean complete extermination, except that they are not consistent in that. Genocide is used in different ways according to political criteria,. This isn’t merely slippage, but it actually requires that people do not have an actual definition of the word. It is a word that has had its meaning suppressed because the concept that the word represents is a dangerous concept. It is a concept which cannot be held on an ideological leash. It will drag the holder into the brambles of radical unorthodoxy rather than let itself be led to the park to chase a frisbee.

Any limit to our vocabulary is a limit to our thinking. Our society, like all others, constrains our vocabularies so that some thoughts are unthinkable. We may live in a pluralistic multinational global culture that is in many ways organic and diverse, but the repression of thought to which I refer is systematic and purposive and it is in the service of power. All languages have words or phrases that others lack, but I am not suggesting that merely lacking the word for a concept is systematic repression. Instead, words like “genocide” or “terrorism” are stripped of stable rational meaning whilst being vested heavily with emotive affect. This is the process that creates an orthodox idiom – which is to say a systematically and coherently circumscribed mode of language and thought.

This meanings are, as I have said, suppressed rather than erased. It would be wrong to view these words simply as “empty signifiers” as if the arbitrary nature of language meant that one could exert one’s will over language with full control. That is a type of vulgar postmodernism – a megalomaniac fantasy such as Karl Rove was indulging when he said: “We’re an empire now, and when we act, we create our own reality. And while you’re studying that reality—judiciously, as you will—we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out.”

Outside of Rove’s self-aggrandising fantasies, you cannot simply assign meanings to words at will. They must fit within a network of intelligibility that is grounded in a history of usage. Instead of simply redefining words what orthodox usage does is to load a word with emotion and political ideology whilst suppressing its basic and fundamental defining characteristics (which may be more or less broad, more or less faceted, and more or less mutable over time). This leads to an unstable and contradictory usage. That isn’t a problem to the orthodox ideologue but rather a great boon. It allows the word to be used differently according to need. Furthermore, because of the emotionality attached people will fight against any attempts to reinstate a stable and comparatively objective usage.

Genocide is exactly such a word. It first appeared in a work called Axis Rule in Occupied Europe, published in 1944. It’s original meaning cannot be erased because it is part of a network of inter-contextualised signifiers which exist in history. At the same time, though, that meaning is thoroughly obscured. People argue that something is genocide because it is really bad, while other people argue that you can’t call something genocide because it is not bad enough and to label it genocide would be an insult to victims of real genocide.

The meaning of “genocide” has not changed over time because the meaning was suppressed from the beginning. It was always a dangerous notion. People wrongly think that it was purely a response to the German atrocities that Winston Churchill referred to as “a crime without a name”. But Raphael Lemkin, who invented the term genocide, had long been thinking on this topic and what he described was a far broader and more historically significant phenomenon which didn’t merely describe acts of mass murder, but made sense of them. Unfortunately for Lemkin’s future career, once the logic of genocide is grasped it will reveal truths that are unpalatable and unacceptable. In the 1950s Lemkin devoted much of his attention to the genocides of indigenous people in the Americas, particularly North America. Lemkin established a clear intrinsic link between settler-colonialism and genocide and had he lived longer he would inevitably had to have recognised that the link between genocide and all forms of imperialism was nearly as inescapable.

Genocide is not, and never has been, something that you switch on and off. It is not a discrete act. It is not distinct from war and militarism, nor authoritarianism and political oppression. The institutions of genocide that a state creates will not end until they are eradicated. The German genocide in East Africa at the beginning of the 20th century created institutions which would later be instruments of genocide, but were also tools of repression used on political dissidents. Likewise, the institutions of genocide that are deployed in the Middle East and Africa are continuations of genocidal practices from Asia and Latin America, and are already imprinted in the nature of policing in the USA and in the authoritarian rhetoric and policies of David Cameron and the Conservative government in the UK.

Many contemporary thinkers from Sheldon Wolin and Giorgio Agamben to Jeff Halper and Chris Hedges are trying to grapple with the increasingly arbitrary nature of the state, its increasing hostility to humanity, and the increasing precarity of the people. (When I refer to the state here, I am referring to the nexus of governmental and “private” power which exercises effective sovereignty, not to the narrow concept of a governmental state power with formally recognised sovereignty). If we are to understand this situation in a way that will help to end its deadly progress, the greatest single step that we could take at this time is to reacquire the term “genocide”. Lemkin used it to describe the phenomenon that was the driving force behind German occupation policies in Europe. This inevitably also applied to Germany itself, though that was not Lemkin’s focus. For Lemkin the concentration camp was the defining institution of genocide. But Lemkin meant the term broadly. He considered Indian Reservations to be a form of concentration camp and would have most likely conceded that its is the power structure created by the barbed wire enclosures that is more important than the wire itself. For Giorgio Agamben the prevailing logic of the concentration camp is that of the “inclusive exclusion” and he has contended that that is the “biopolitical” paradigm of our age. The term “biopolitical” in its broader sense, refers to the way in which power exerts control over bodies, and I will argue that on a large scale the “biopolitical” becomes the “demostrategic”. At the large-scale demostrategic level, this paradigm of power may express itself in the very phenomenon of genocide that Lemkin first described.

In this series of articles I am going to draw threads together that show the need make appropriate usage of the term genocide as a way of revealing a pattern of destruction and mass violence that is interconnected. It is the millions of deaths in the Democratic Republic of the Congo; it is the permanent dysfunction and instability of Somalia and Libya; it is Plan Colombia; it is Iraq and Afghanistan; it is mass surveillance and it is the Trans-Pacific Partnership Agreement; it is Haiti and its is the political and drug related violence in Mexico; it is the “huge concentration camp” of Gaza and it is al-Sisi’s Egypt. This is the nature of US Rule on the Occupied Earth. It is all of a piece. It is all shaped by genocide. It is all becoming more genocidal.

Sadly, even the best intellectuals seem only to vaguely grasp that the term “genocide” has actual an definitional meaning. In contrast those who are more inclined to be opinionated or generally less inclined to to use cogent thinking are only too happy to forcefully tell people that their usage is not only wrong but offensive and dangerous. It is like the poem by Yeats, which, as it happens, foreshadowed the rise of Nazism,

“The best lack all conviction, while the worst

Are full of passionate intensity.”

Israel Shamir, for example, has let his anger at the misuse of the term genocide obliterate his mental faculties. He recently wrote that Lemkin coined the word genocide “in order to stress the difference between murdering Jews and killing lesser breeds. The word is quite meaningless otherwise.” He must know at some level that this is untrue, but he writes with thoughtless rage. The effect is to tell his readers not to even think about genocide – “It would be good to ban this word altogether.” That is not going to prevent the misuse of the word. In fact it plays into the hands of those who misuse the term in order the perpetrate aggression and genocide. The way to end the misuse is to treat the word genocide the way you would treat any other. When genocide is asserted we should expect that the usage is justified based on definitional criteria. As it is, telling a readership that already opposes imperialism and Zionism that the word “genocide” has no meaning only makes it easier to exploit the term for propaganda purposes.

“Genocide” is a word that itself exists in a state of exception. People will scream at you for suggesting that it can be weighed or compared in any way with anything else. Even some genocide scholars call it a “sui generis” phenomenon, meaning that they want to say that it cannot be defined, but they reserve the right to label some things as being genocide on the basis that they themselves know what it is when they see it. Moreover, there is a broad intellectual trend to treat genocide as a sacred word which only special experts may employ, because any improper usage would be hyperbole and damaging to one’s credibility.

Sadly this was the case on the radio programme Against the Grain, which is from broadcast Berkeley by KPFA (a storied non-profit radio station which also broadcasts the superb programme Flashpoints).

Against the Grain is aptly named. In a world of growing anti-intellectualism, interviewers and producers C. S. Soong and Sasha Lilley do their work with a depth that is hard to find elsewhere in political analysis. They interview intellectuals with the sole aim of facilitating the transmission of ideas and information. No words are wasted on flattery or extraneous personal detail. Above all, when Soong or Lilley conduct an interview they are very conversant with the material they are discussing. Most impressive to me, though, is that they never assume that the interviewee can’t explain something to the audience. They don’t try to avoid things on the grounds that they might bore or confuse us mere plebs, instead they chop them up with timely interjections so that they are digestible and so that the flow is maintained. In other words, they make it as easy for the audience as possible, but they don’t pander in any way.

Pandering is, of course, the one of the great intellectual plagues of our age. Ideas that came from the realms of marketing and mass entertainment have spread to infect all corners of society. The ideology of using a restricted vocabulary of words and ideas in order to never tax people’s brains by asking them to learn something new is an obvious recipe for disaster. You cannot learn if you are never presented with anything you do not already know. Pandering makes people stupider on the whole, but it also makes substantive change impossible. Pandering is not just about avoiding inflicting the pain of thought on people, it is also about not disturbing ideology. In political activism pandering is rife, and it is always represented as being “tactical” and “realistic”. That is why I appreciate a programme, like Against the Grain, that pulls no punches and tells it like it is.

However, if there is one thing on which people are guaranteed to pander in both intellectual and ideological terms it is the topic of genocide. People mystify it and misuse it. They sneer at the people who dare to suggest that the US or Israel or the UK is committing genocide, because they “know” that anyone making such an accusation is just engaging in political sloganeering. This is supposedly “debasing the coinage” in the words of the late Michael Mandel, showing that even the most admirable people can be very stupid when it comes to this topic.

Equally admirable people show that there is another face to this debased coin, using the term “genocide” to try to raise the alarm on the world’s horrors. A recent example of this was an interview with Professor David Isaacs on the plight of asylum seekers held on Nauru. What he reveals is an alarming and inhumanly cruel situation. It is a situation that cries out for action. But then he says that he is told “don’t use the g-word, the genocide word, … or people will think you are too extreme”. He is thinking exactly the same way that Mandel thinks, but from the other direction. In their construction “genocide” is a type of currency that is to expended when our subjective sense of alarm tells us that something is really really really bad.

For this reason, I was disappointed but not exactly surprised when the subject of the “g-word” was broached on Against the Grain and then treated as some special mystical term whose applicability could only be determined by the most authoritative authorities. This was towards the end of an otherwise excellent interview about the plight of Sri Lanka’s Tamils now, 6 years after the end of the 26 year-long civil war.

What was described by interviewee Anuradha Mittal is a textbook example of genocide. In genocide the killing of the victim population as such is not the end it is the means. When he first coined the term “genocide” Raphaël Lemkin wrote the following:

“Genocide has two phases: one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. This imposition, in turn, may be made upon the oppressed population which is allowed to remain or upon the territory alone, after removal of the population and the colonization by the oppressor’s own nationals.”

In other words, the Sinhalisation of both the Tamil peoples and the land to which they belong is a defining genocidal characteristic. The direct violence of genocide arises because resistance is inevitable. The deprivation of social, cultural, religious, economic, and linguistic capital is itself a form of violence which victims cannot help but resist.

Mittal’s interview reveals that it was persecution and communal violence that initially drove some Tamils into an armed separatist movement. Now in the aftermath of the long bloody civil war she gives details of conditions based on a recently released report that she authored. Once you understand the concept of genocide, what she is describing in every aspect is symptomatic of genocide. Everything she talks about is characteristically genocidal, from the way the hegemonic victor tries to enforce a certain historical narrative through memorials, to the way the land is imprinted with a state, military, religious or linguistic character to alienate it from Tamils. In fact, the most salient and striking genocidal features are not the mass violence, but the unusual things such as having military run tourist resorts in occupied territory. That sort of behaviour only makes sense in the context of genocide.

At one point Mittal quotes Dr Rajani Thiranagama: “Objectivity, the pursuit of truth and critical, honest positions, is crucial for the community, but is a view that could cost many of us our lives. It is undertaken to revitalize a community sinking into a state of oblivion.” In that spirit, it is absolutely essential that genocide be understood for what it is. Without full and frank comprehension it will never end, even if the intensity of direct violence waxes and wanes.

Consider the persecution of Jews under the Reconquista, when Spain and Portugal were conquered by Christians 500 years ago. The persecution arose from a confluence of interests of state-building political elites, religious authorities seeking to increase power, and individuals looking to acquire land and other property sowed seeds of violence that would continue through the ages. The state sought to integrate Jews as “Conversos”, but the state also sought to repudiate that conversion in order to enforce uniformity, exercise religious authority and sieze property. In other words, the Converso’s became the “included exclusion” – the very circumstance to which concentration camp inmates are subjected. From that came the concept of “Crypto-Jews”, leading to the ideological linking of Judaism with occult conspiracy. Additionally the concept of ineradicable and heritable “blood guilt” was used. This not only fuelled future pogroms, but arguably formed a key ideological foundation of all modern racism. In the same manner, until the genocide of the Sri Lankan state is comprehended, exposed and repudiated by consensus, the ideological tools for future genocidal violence will remain intact. Tamil resistance, whether violent or not, will be delegitimised as “terrorism” and this will in turn be used to legitimate violent and deadly repression.

That is why my heart sank so low when the conversation on Against the Grain turned to genocide. There was a general tone shared by Soong and Mittal that was suggestive of the “ultimate crime” which the exchange portrayed as being beyond mere “war crimes”. Then Mittal said that the question of whether genocide had occurred should not be prejudged but should be decided by the “international community”. This makes me want to ask, what does that mean? Is it somehow above your pay grade to weigh the evidence? Is genocide something so controversial that only the high and mighty can pontificate on it? This is anti-intellectualism. Mittal is tacitly stating that we should not think about such things and that the thinking should be left to authorities. And what authorities are these? The term “international community” effectively means the US State Dept. or what Noam Chomsky has labelled as “IntCom”. This is true regardless of the intent of the speaker because if you promote the “international community” then those who control the usage of that term in political discourse get to decide what it entails and your original intent is meaningless.

Things took a turn for the worse when Mittal brought the ICC into the conversation. I don’t know what mania is gripping people at the moment, but every advocate for victims of persecution seems to think that the solution will be found by putting people in the dock at the Hague. I think that this is some sort of woefully misplaced yearning for a corrective patriarchal authority figure, and it poisons our discourse on genocide and on war crimes. People think that wrongs must be righted by the exercise of power in order to grant some psychologically satisfying sense of balance. This is quite divorced from practical realities including that of actually ending today’s atrocities, rather than fixating on a tiny percentage of those that occurred a generation ago. Does anyone actually look at the record of the ICC? There are some informed apologists for the ICC out there, but even they don’t defend it actions thus far as much as they claim that it will do better things in the future. Critics like David Hoile cannot be countered except with speculation about how wonderful the ICC will be at some future point. Hoile is an old Tory who may or may not be in the pay of Sudanese war criminals, but when he (a right-wing white man who was once photographed with a “Hang Nelson Mandela” sticker on his tie) debated the ICC in the pages of New Internationalist, he was far more convincing in suggesting that the ICC was institutionally racist than Angela Mudukuti, who argued that “attempting to undermine its legitimacy with allegations of racism will take the global international criminal justice project no further.” It is well worth looking up that debate for the sheer surrealism of the fact that the young bleeding-heart African woman effectively tells the old hairy white male Tory that he needs to be more trusting of the authorities or he will harm their efforts to run the world in an orderly manner. Whatever one thinks of Hoile, though, he has published a 600 page volume on the ICC which is full of substantive criticisms that stand regardless of his history or motives.

The fact is that if you don’t accept in advance that the ICC is both benevolent and a repository of expertise and authority, it is pretty difficult to see anything good in its patchy record of expensive and unacceptably lengthy proceedings all of which are against Africans. As an instrument of justice it is inefficient, dysfunctional and pathetic beyond belief; as an instrument of neocolonial domination it is very expensive, but probably considered worth the price by the European powers which bankroll its activities; as a propaganda instrument capable of making slaves scream out for more chains and whips, it is clearly priceless beyond measure.

The fact is that many national courts and international bodies can chose to exercise so-called “universal jurisdiction” over cases of genocide anywhere in the world. The ICC is a very silly place into which to channel one’s energies, but are prosecutions in general any better? There are two problems here. … Labelling genocide as a crime has become a very harmful distraction. It is this, more than anything, that has turned the term into one that is so misused for political ends. Genocide is represented as “an act” and the “crime of crimes” that exists in the world of black-and-white morality where its ultimate evil justifies acts of great violence, and makes people feel the glow of self-righteous anger.

People like to call for prosecutions because it is an instant source of gratification. The judicial system becomes a proxy instrument of violence either as combat or retribution. This is appealing to those who are in one way or another impotent. Prosecutors are symbolically taking the role of their antecedents, champions of weak who fought in trials by combat. Sometimes the most fervent advocates of this form of state violence are “pacifists”. The problem seems particularly acute in the US where the punitive impulse runs very deeply. It seems that US citizens are induced to feel acutely threatened and constrained by the domestic or foreign Other and are thus prone to support police, judicial or military state violence.

You might think that it is good that state violence be used against those found guilty of genocide and, to the extent necessary, those merely accused of the crime. That is fine if you call it what it is – retribution. If you consider that to be justice, then your concept of justice is retributive. I know that some would also argue that victims gain a sense satisfaction and closure, but since the vast majority of the victims of mass violence will never have access to this “satisfaction” it is a rather hollow and bitter virtue.

People talk about prosecutions as if they will have practical beneficial ramifications in ending violence. This flies in the face of the historical record. No one is ever prosecuted before they are in one manner or other defeated. In some cases they might be the sacrificial offering by a criminal grouping that consolidates itself by allowing one member to be culled, but more often it is simply a matter of victor’s justice. The accused is defeated by hard power means before they are ever detained. They might be very guilty of heinous crimes, but guilt is in fact incidental to a thoroughly political process.

Meanwhile, the ICC enthusiasts claim to be all about ending impunity. If you actually just step back for a second you will see that the application of international criminal justice in the ICC, ICTY, ICTR and in national courts does absolutely nothing to end impunity. Instead of viewing Charles Taylor and Slobadan Milosevic as villains who deserved punishment, imagine what message their prosecutions sent to the world. It is the same message sent by the deaths of Saddam Hussein and Muammer Ghaddafi, and that message is that the only hope for someone who is targeted by the US is to fight to the death. Making peace and going into exile is not an option. International criminal justice is only victor’s justice against the vanquished and a neocolonial weapon in fighting Third World nationalists.

The only other way that someone responsible for mass violence might be prosecuted is when the real war is won on their home turf. That real war is the intellectual and moral struggle – the fight to expose the means and ends of those who commit mass atrocities and, above all, the fight to vanquish apologetics. Jay Janson, who writes in Dissident Voice and Counter Currents, castigates people like me for not constantly calling for prosecutions of US officials and for not condemning every single citizen of each and every Western state to be a war criminal. He is right though, to point out that we must never stop referring to the crimes of the US “hyper-empire” as crimes. But history shows that the crimes do not end until the regime itself is recognised as criminal. It is not enough to recognise individual acts as crimes or actors as criminals. A majority of US citizens once recognised US interventions in Indochina as war crimes, but it changed nothing because it was constructed as a failing and a failure, not as a success.

Fatuous pundits and lying politicians like to claim that the US relies on “international legitimacy” and that this makes military interventions failures, but if you examine the history of US war crimes and crimes against humanity you can see that they follow the Maoist principle that all power comes from the barrel of a gun. They coerce other countries, including close allies, into treating them as legitimate. The real problems for the US regime that arose from the aggressions against Indochina were a dispersed and pluralistic domestic insurrection, that might have consolidated into a revolution, and a mutinous military. Once they had those problems solved they went back to serial aggression and serial genocide and many millions have died as a result. Therefore, it is necessary to create a consensus that the political establishment is criminal as a whole. Once that fight is won you can choose to try and move forward with prosecutions, as in Argentina, or with a truth and reconciliation process, as in South Africa.

Prosecutions are not a road to change. You can’t expect the corrupt institutions of a corrupt society to take any action that does not make the problem worse. The best that a campaign calling for prosecutions can be is an awareness raising campaign. If you really think that if you mobilise people and push hard enough some top-down bureaucratic judicial body will make a positive difference, then you need to find out what time it really is. We don’t need to lock Bush and Blair in prison, we need to de-legitimise them, disempower them, disempower those who support them, and end the criminal regimes of which they are merely transient components. It is true that if George W. Bush were in prison he wouldn’t be able to charge $100,000 to give a speech for a charity raising money for amputee veterans. But as grotesque and freakish as that is, the Bushes, the Clintons and Tony Blair only get so much money because a whole stratum of society worships power. In a situation that is equally reminiscent of pre-revolutionary France and Nazi Germany, our elites simply do not have any functioning morals. Without coercion they will never even acknowledge a moral component to the exercise of power, but will fawn all the more over those that commit war crimes because that is an exercise of great power.

Continued in Part 2: “Days of Revolt”.

The ICC Will Only Hurt the Palestinian People, Part 2: These People are Warmongers and We Should Revile Them

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In Part 1 I discussed various things relating to the International Criminal Court. With all its humanitarian rhetoric, the actions of the ICC have consistently been a source of injustice and suffering. Moreover it has been the enemy of truth – perhaps the greatest crime because it can perpetuate suffering for generations to come.

Part 2 deals with, among other things, the undue deference paid to those who professionally don the mantle of humanitarian. These are not great humanitarians, quite the reverse. Just as hierarchies of “knowledge” can produce ignorance so can “humanitarian” hierarchies militate against humanitarianism. By analogy, if I want to hear a cogent perspective on US foreign policy I would almost be better off heading to the pub and looking for someone in the mood to be candid than I would be in heading to a foreign policy think-tank. Equally, once professional “humanitarians” have internalised the idea that they are inherently moral, it is pretty easy for them to neglect morality altogether.

I feel that it is constructive to cultivate contempt and anger at those who are more-than-comfortably well off because of their role within agencies of dysfunction and harm such as the ICC. At the same time I am aware that critics of people within institutions often personalise criticism – not as insults nor ad hominem critiques, but as a presumption that a mistaken intellectual stance must be the result of bad intent. Obviously, I am not saying that we should extend the benefit of doubt to Obama or Kissinger or Power. Sometimes, even if people believe that they are doing the right thing it is not relevant. Pol Pot thought he was doing the right thing, but so what? For people with less executive power, though, it is generally counterproductive to attack their motives.

My answer is to cultivate contempt for the collective, and respect for the individual. Self-satisfaction is destroying the intellects of people who succeed in many walks of life, and none of us plebs should continue to feed that.

Preventing Peace

When an accused criminal is the demonised leader of a Third World state, there can be no compromise according to the pundits. Only prosecution to the utmost extent of the law is acceptable, even if innocent people must die to achieve this.

When official villains, certified by the US State Department, are up for prosecution we enter Oppositeland. War is peace and the rule of law means lawlessness. The pundits enter a cop-show fantasy where law is not an imperfect instrument of ethics, but a tool of righteous justice. The rule of law doesn’t mean abiding by the law even when the results are not to your liking, but it now means breaking the rules to ensure that the bad guy is always punished. For example, in How America Gets Away with Murder, Michael Mandel pointed at the “absurdities” of Western newspapers touting the triumph of the “rule of law” after Slobadan Milosevic was illegally extradited from Serbia under extremely political circumstances.

The bloodlust and the self-righteousness can lead to a lot worse than subverting sovereignty and bringing the law into disrepute. Hard lines on “the end of impunity” are a potential enemy of peace both indirectly and directly. Take the case of Charles Taylor. He ended a civil war and left the country when he was offered exile in Nigeria. The US Congress soon voted to offer a $2 million bounty on Taylor. Richard Falk criticised his later capture, prosecution and conviction on the ground that it was selective prosecution serving US political ends: “…when the application of international criminal law serves the cause of the powerful, it will be invoked, extended, celebrated, even institutionalised, but only so long as it is not turned against the powerful. One face of Janus is that of international justice and the rule of law, the other is one of a martial look that glorifies the rule of power on behalf of the war gods.”

There is hypocrisy, and the direct intervention of neutralising enemies through the courts, and the implicit threat to other Third World leaders that if they do not run their country according to US wishes they may end their lives in a prison cell far from home. But in some ways, those things are not the worst of it. The worst thing is that the next Charles Taylor will look at his future and weigh whether to concede defeat in war and flee the country. Remembering Taylor, he or she will decide instead to fight to the death and thousands of others will die as well.

That is an indirect way of promoting conflict, but ICC indictments can be used to more immediate warmongering effect. Shortly before NATO started an air war against Libya in 2011, the UNSC instructed the ICC to investigate Libya (despite the fact that the US, Russia and China refuse to be subject to the ICC themselves). The probe centred on the killing of political prisoners in a prison in 1996. As Phillippe Sands pointed out at the time the very existence of the investigation made a negotiated settlement to the civil war in Libya less likely. Indictments for Muammer Ghadaffi, his son Saif al Islam and his brother-in-law came less than two months after NATO bombs killed another of Ghadaffi’s sons and three of his grandchildren. Both flight and negotiation became impossible. The indictment ensured that fighting would continue – meaning that people would continue to be killed and maimed.

Given the timing and the political nature of the decision to indict in the midst of war there are really only three possible reasons for the indictment. One is that US and European leaders wanted to make a salient demonstration to the world of what happens to leaders who they dislike and they don’t care how many Libyans are killed in order to make that demonstration. (In retrospect the Panama invasion of 1989 can be seen as such an operation, and the best estimates of Panamanians killed in “Operation Just Cause” are in the thousands.) The second possibility is that the same powers were actually desirous of conflict in Libya as a divide-and-control strategy whereby independent development is curtailed by ongoing destabilisation and ever-renewable civil strife. This would be entirely fitting within a pattern of interventions which has sown conflict and degraded central governance in dozens of countries. The third option is that both of the previous options are true in varying degrees.

Colonisation by NGO

Palestine is one of a number of societies rife with NGOs. Mandy Turner has shown that the “liberal peacebuilding” practiced by these NGOs is a colonial practice and a contemporary “mission civilatrice”. Israel’s colonial practices are “at the expense of Palestinian self-determination”, but Western-backed “peacebuilding” is “at the expense of a development strategy for national liberation”.

The “liberal peacebuilding” prescription of “neoliberal policies of open markets, privatization and fiscal restraint, and governance policies focused on enhancing instruments of state coercion, ‘capacity building’ and ‘good governance’” is simply neocolonialism. These are the practices developed by the British and imposed wherever possible on colonies, former colonies and parts of the formal empire. Once upon a time it was called “liberalism” now it tends to be called “neoliberalism”, but it amounts to the same thing – colonial control that ensures both dependency and impoverishment. The main difference here, and in other neocolonies, is that the former colonial power does not have an exclusive concession and the exploitation and expropriation (which may be of donor money rather than indigenous wealth) is a multinational Western project.

In short, while Palestinians are concentrated into fragmented reservations by Israel’s settler colonial project, within those patches an additional burden of neocolonial servitude suppresses independent development. But as Turner also indicates, part of the neocolonial NGO dominance is the delegitimisation of violent resistance: “…the ability to decide whether someone is or is not a ‘partner for peace’ and thus act on this decision is unequal. This phrase, therefore, made Israel’s attempts to control Palestinian political elites seem innocuous. It also allowed donors to believe that funding and working with Palestinian elites regarded by Israel as being ‘partners for peace’ would assist their mission of supporting the peace process. In its application this paradigm has variously meant Israel justifying cutting off revenue transfers to the PA, arresting and detaining democratically elected Palestinian politicians, extrajudicial executions and military violence. It has also been used by donors to justify cutting off aid, reverting to ‘bad governance’ practices, and supporting regime change. It has been, in effect, the discursive framework that has bound the two practices of control together and has given them common purpose.”

One Person’s Terrorist is Another Person’s Legally Elected Political Representative

Building on Turner’s work another legal scholar, Vicky Sentas, gave this talk on “peacebuilding as counterinsurgency”. Her focus is on the listing of the Kurdish PKK as a terrorist organisation, but the logic applies equally to Palestinian armed resistance formations given that they all have been or could be declared terrorists on the basis of their resistance activities. The terrorist listing is even worse than politically motivated accusations of war crimes or crimes against humanity because it prejudicially criminalises people on the basis of belonging to a designated terrorist entity. If you delegitimise resistance or insurgency on the basis of acts designated as “terrorism” than all personnel become “terrorists” regardless of their own actions.

Of course the main use of the term “terrorist” in the last 100 years has been as a way of delegitimising armed violence from non-state actors. Our elites work hard to avoid any suggestion that terrorism might actually refer to the intentional use of terror per se, because that would inevitably mean that the greatest terrorists are the most powerful states. Noam Chomsky’s famous assertion that we ignore the “wholesale” terrorism of militarised states and concentrate on the “retail” terrorism of armed non-state entities doesn’t really suffice. “Terrorists” means people with weapons or destructive implements who we don’t like and who we can get away with labelling as “terrorist”. Whether they actually practice the use of terror is not relevant. Anticolonial rebels were called terrorists; the resistance to German occupation in Europe were labelled “Bolshevist terrorists”; the Viet Minh and later the National Liberation Front were labelled “Communist terrorists” from which came “Charlie Tango” and hence “Charlie”. The only difference is that now we have an international regime, subject to US hegemony, which makes this political, and inherently oppressive, act into a internationally legalistic one.

The idea of terrorism itself is a way of implying that the organised armed violence or property destruction of a group is illegitimate as being criminal and outside of the behaviour of combatancy. The old-fashioned approach was to suggest that belligerent parties such as insurgents must be treated as combatants. After the cessation of hostilities the victor could legitimately label the defeated foes as traitors and deal with them as such. This is hardly perfect and does nothing to prevent victor’s justice and judicial massacres. On those grounds some might think that it is a pointless distinction to make. But there is a certain sense that if the belligerents were criminals en masse because terrorism is a crime, then they would properly be dealt with by the normal policing and judicial processes of the state in question. If the response to an organised challenge is military violence, paramilitary violence, counterinsurgency, “counter-terror”, political violence and or political terror, then you are in a situation of armed conflict and the enemy should be treated as a combatant, at least for the duration.

Anyone who has Followed the Thread of This Article to This Point…

deserves a medal. But they also might be asking: “Hang on, surely joining the ICC will strengthen Palestinian claims to statehood and make their resistance more, not less, legitimate.” I wish it were so, but it is unfortunately more accurate to say that those countries that are subject to the ICC may find themselves in the same situation as Palestinians if they face aggression or occupation. They may find that politically determined accusations about the manner in which armed resistance is conducted or internal conflict is dealt with are used to delegitimise all resistance either informally or formally through the enforcement of terrorist listings.

Bear in mind, too, that entities like the US and Israel have a long-standing habit of conflating armed and unarmed resistance activities. In Viet Nam the US coined the term “Viet Cong Infrastructure” (VCI) to designate people who had sympathy for the National Liberation Front and the People’s Liberation Armed Forces (PLAF). The term Viet Cong had already conflated combatants and non-combatants who opposed the Saigon regime, now the VCI designation worked in the same way as a “terrorist” or “VC” designation, legitimising deadly violence as if the victims were combatants yet denying the rights accorded to combatants. VCI were the prime target of the notorious Phoenix Programme. Unlike actual NLF officials or PLAF personnel those fingered as VCI, often by tortured suspects, were easy to abduct or kill at their homes.

A similar mentality is even applied now domestically in the US, with the designation of “material support for terrorism”. This sounds like it could only mean substantive support for actual terrorism such as providing money or materiel to suicide bombers. In practice the case of the Holy Land Foundation 5 shows that it is political designation intended to conflate the crime of thinking the wrong thoughts with unlawful acts of violence. The victims of that judicial persecution are serving sentences of up to 65 years for sending money to charities allegedly controlled by Hamas. They were not accused of funding terrorist activities, but of sending funds to a terrorist entity.

The HLF5 defendants are claiming that they were entrapped because they tried to get a State Dept. list of approved charities, but were denied. The point of the exercise is to create a political language in which giving charity to orphans is “terrorism”. This accompanies an ongoing exercise to “rebrand” military violence, including killing civilians, as “humanitarian”. The most important thing to remember is that this has worked. If you put “holy land foundation trial” into a search engine that does not anticipate your desires (such as duckduckgo), you will find that their conviction was a victory against Jihadi terrorism and the plot to enforce Sharia in the United States of America.

This illustrates that we are really faced with two possible ways of dealing with the overall issue of armed mass violence. We can either accept the Nürnberg precedents and the UN Charter. This would mean that war is illegal, all people have a right to life and that the aggressor is culpable for all loss of life and suffering. The UNSC would be able to authorise legitimate military action, but it could only do so in accordance with the UN Charter, which can only mean acting as a collective defence against an aggressor. This is a highly imperfect system and many bad things can happen to people that this particular system does not act to prevent or discourage. On the other hand, this system outlined does not actively facilitate atrocities, while the alternative does.

The system that is favoured by the US, and ultimately promoted by the ICC, is one in which the armed violence is legitimate if carried out by lawful combatants in a lawful manner. Unlawful actions by lawful combatants are not legitimate, but they are a side-issue of individual criminality. In contrast, unlawful acts committed by unlawful combatants are the retrospective rationale for justifying unlawful status and all resistance by unlawful combatants is unlawful. In other words, might makes right. Lawfulness or unlawfulness depend entirely on the ability to control perceptions. The powerful are allowed to commit mass violence against the weak, and the resistance of the weak will make them the perpetrator and justify the acts of the powerful.

Israel’s Persecution Complex

The ICC’s significance is inevitably that of a public relations exercise. Even the “end of impunity” enthusiast must readily admit that the Court’s function is not to provide specific deterrence but to create general deterrence (supposedly by ending impunity). In fact, there is no evidence or concrete reasoning that would support that claim, but it has a veneer of rationality. This isn’t a matter of common ignorance, this is highbrow ignorance for superior idiots only, but even on these terms the putative general deterrent effect is the result of managing perceptions. Thus even the supporters know that ICC activities are a form of display, and their trial are inevitably show trials.

Because the ICC is one big politicised PR exercise, legalistic analyses of the ICC are less important than discursive analyses. I have concentrated on the ways in which the ICC is part of the ongoing process of creating an international political discourse of “good guys” and “bad guys” in which the powerful control the language, the conversation and thus, ultimately, the perception. This is a thought control process aimed largely at the intelligentsia. But in the case of Palestine, ICC membership will further another project of thought control – that of the Great Israeli Persecution Complex.

Historically Jews have suffered a great deal of persecution. In Europe during World War II this persecution became something that truly defies words. Even at a time when unspeakable acts and unimaginable suffering were the experience of many millions throughout the world, the fate of Europe’s Jews stand out. The German concentration camp, slave labour, and extermination camp systems, and the mobile civilian mass-murder systems, exceeded all historical precedents of cruelty. I do not write that lightly and I am not forgetting Potosí, nor the Atlantic slave trade, nor the victims of Japanese occupation, nor the Ukrainian Terror Famine, nor any of the other great obscenities of humanity. Jews were not the only victims, by any means, but in some respects they were the key and exemplary victims.

If Zionism had ever been purely a response to persecution, perhaps the lesson of the Shoah might have been commit to opposing all acts of genocide. It would be an anticolonial movement. But Zionism was never purely about an enduring escape from persecution. It has always accommodated a combination of nationalism, colonialism, racism, chauvinistic religious belief, and Imperial power politics. In addition we must account for the role that greed and love of power play in all political movements that provide outlets for them. Thus, inevitably, the response to the Shoah was not an organic response that would reject all genocidal cruelty, but an exploitative one by a existing system of power hierarchies whose human components seized on the emotional and political capital provided by the murder of millions.

The historical persecution of Jews and the Shoah actually have very little to do with the realities facing Israel. I am not saying that there has never been persecution of Jews in the Arab world, nor that anti-Judaism is no longer a matter of concern in Europe or elsewhere. These are complicated issues which I cannot get into here. I will confine myself to pointing out that when the Argentine junta was detaining Jews and sending them to camps where they were sometimes tortured in front of pictures of Hitler, and many were killed, the Israel’s government sided with the neo-Nazis, not against them.

But when it comes to the occupation of Palestine, the exploitation of past persecution is the gift that keeps on giving. The ICC will provide an ongoing opportunity for the Zionist regime to harp on about how the entire world hates Jews on a regular basis. It will be like the Goldstone Report on a loop track.

To refresh your memory, the Goldstone Report was slanted against Palestinians. Richard Goldstone, the lead author, is an avowed Zionist despite his history of opposing apartheid. This was a fact finding mission, not a judicial inquiry, but it should still have addressed the question of aggression. Instead it misleadingly affirmed Israel’s right to self-defence. Noam Chomsky characterised the report as being pro-Israel on those grounds. It was also disproportionate, devoting considerable wordage to Palestinian militant activities, when if weighted by deaths caused Palestinian activities would barely get a mention.

Goldstone had watered down some aspects of the report against the wishes of his co-authors, yet on its release the Israeli government lead a chorus of Zionists, neocons, white supremacists and Islamophobes around the world that shrieked like stuck pigs. They claimed that the whole thing was part of the giant world-wide conspiracy of the Jew-hating UN. Goldstone later strengthened these cries by undermining the report with his name on it. All three of his fellow authors issued their own contrary statement, but hardly anyone heard about that.

This is another one of those inversions of reality, this time in three steps rather than two. When Operation Cast Lead was occurring the raw images tended to show the truth – a helpless besieged people were being attacked in a one-sided slaughter. But if you try searching “goldstone report bias” in duckduckgo you have to scroll down a great deal to find anything that counters the notion that the report was biased against Israel, and I don’t even know how many hits you would get before the first one that suggested a pro-Israel bias.

Even anti-Zionist outlets like Electronic Intifada devote their attention to decrying Goldstone’s later betrayal and defending the Goldstone Report against accusations of anti-Israel bias and completely neglect to show the important ways in which the report was unreasonably and unfairly biased in Israel’s favour. That, far more than the report’s actual contents, is the contribution of the report to posterity and our understanding of Israel’s actions in Gaza. Expect more of the same.

Binyamin Netanyahu has just succeeded electorally by taking a “hard line” and playing on fear and racism. The Great Israeli Persecution Complex has become part of an ever-intensifying spiral of extremism where each new crime necessitates a more insane world view. The world increasingly sees the bare injustice of the genocidal project of Zionism in Palestine. The response within Israel and for their fanatical supporters, who are increasingly confined to the US, is the paranoiac vision of a world of savage “anti-Semites” who oppose Israel out of hatred for Jews.

In reality the international community and the UN greatly favour Israel at the expense of Palestinians, including the diaspora. The UN was Israel’s midwife (the father of the child, Britain, decided that it was not desirable to be present at the birth). The UN has acted to shield Israel from the consequences of realising the human rights of Palestinians. It is a complicated story which can be found by scrolling halfway down here or you could just watch Vera Gowland-Debbas here and here. In short, what it means is that every single member of the United Nations, meaning your government, has a specific moral and legal obligation to act to secure the long absent rights of the people of Palestine. They have failed to do so for 66 years and the only reason for not doing so is the potential negative impact on Israel. No country has any such obligation to Israel nor, especially, to the “Jewish state of Israel”. Individual Israelis have the same human rights as we all have, but the state of Israel has no rights which can override the human rights of millions of Palestinians.

They Walk Among Us!

And who will stand for Palestinian human rights? Our over-privileged and well-tailored liberal apparatchiks advocate that the world’s problems will be solved by meting out white-man’s justice from on high. Self-appointed as God’s gift to human rights, in reality these individuals act to reproduce the most cruel and destructive imperialist violence. They perpetuate the most deadly circumstances of direct mass violence and of structural violence. These are the clerics of Hernán Cortés (“Cortez the Killer”) singing hymns to the righteousness of his bloodletting. They share their apparently capacious catholic faith with overtly hawkish liberal interventionists and neocons, but in reality this is a narrow orthodoxy fitting the requirements of “ostensible diversity concealing actual uniformity”.

Many people have come to realise that “neconservatives” are just a subset of “liberal interventionists”. The fact that highly prominent liberals have always been part of the neoconservative movement, and the fact that they both have identical “moral” facets of foreign policy prescription should have made more people realise this earlier. Still, even now most people are blind to the fact. This is an understandable result of the manner in which these ideologies are presented to people as contending and the manner in which the ideologues criticise each other. The political “debates” between various foreign policy factions in the US are nothing but frenetic, and ultimately unbelievable, theatre. The rhetoric clashes, but the exceptionalist interventionism matches – as do the concrete deeds.

For me it is no stretch at all to see some prominent “humanitarians” as blood-drenched imperialists. As soon as I read Samantha Power’s A Problem From Hell I knew she was exactly as she now appears to us all. It doesn’t take a genius, it just takes actual thought. The neocons themselves considered her book a must read. And she is far from alone.

Human Rights Watch (HRW) has been described as having a “revolving door” relationship with the US State Dept. Amnesty International (AI), in addition to a long history of providing atrocity propaganda to support US interventions, has been implicated in helping a US regime change plot in Eritrea, along with HRW. The US State Dept in 2011 seems to have specifically funded a joint AI/HRW delegation to Eritrea as part of a destabilisation plan. Many of the people within these organisations are dedicated and well-meaning, but the seem oblivious to the malevolent nature of those running things. The clearest example is Save the Children, whose employees were shocked and appalled at the decision by their superiors to give Tony Blair a “global legacy award”.

What shocks me is that people are actually surprised to find that the folks who run big NGOs are power-loving elitist scumbags. I feel like I’m the guy in the movie They Live who has what Slavoj Žižek describes as “critique of ideology glasses”. When wearing the glasses he sees, among other things, that most rich and powerful people are hideous and foul creatures who are the enemies of humanity.

I am not suggesting here that all rich and powerful people are literally malevolent parasites from another species. What I am suggesting is that their humanity is irrelevant. It doesn’t matter if they are loving parents or kind to animals. It doesn’t matter if they spend at least 20 hours each week washing the feet of lepers. In our unequal society even charities are often dizzyingly steep hierarchies; the dynamics of power, and the group dynamics of elite psychology, mean that with some exceptions these people might just as well be bloodthirsty baby-eating reptiles from outer space.

People reflexively defer to the authority of these “successful” people, because they are programmed to believe that advancement within a hierarchy comes through merit, while at the same time they project their own disinterested humanitarian values on to these people. What I see is what I saw in Susan Power, Tony Blair and Barack Obama. These people are happy to take selfies with Bill Clinton, or share a stage with Henry Kissinger. When they debate a neocon like Robert Kagan it is in an atmosphere of mutual respect, if not admiration. The only powerful Westerners who they don’t love are those who actively play the vicious villain, like Donald Rumsfeld, and even then that is entirely contingent and will change as soon as that villain is reinvented by a PR firm and a couple of journalistic puff-pieces.

People like Susanne Nossel (head of PEN, former executive director of AI USA, and warmonger) should only provoke disgust and anger in anyone who really cares about human rights. It is completely irrelevant if they don’t understand why we hate them and if their precious feelings are hurt. They have drunk so deeply from the well of Western hypocrisy that the only thing that can remain true within them is the love of power. The political powers and functionaries that control the ICC are no different. Some may be perfectly well-meaning, particularly if their involvement has simply followed logically from their area of legal expertise, but most are liable to be slime in human form.

The idea that human rights are advanced by a political process of choosing individual designated criminals and punishing them with maximum possible fanfare is likely to appeal to the worst fake humanitarians. Imprisoning people is not a humanitarian pursuit. A true humanitarian is more concerned with emptying prisons than filling them. Moreover, someone who really cared about justice would want to see a stronger International Court of Justice – able to rectify interstate injustice, not spend billions of dollars on prosecuting a handful of cherry-picked expedient pre-fab demons.

I happen to think that many of the people involved in the ICC are most likely to be horrible self-righteous bastards, but even if many of them are deeply concerned humanitarians it does not change the institution. Hans von Sponeck recently said on Democracy Now! “There is a new chief prosecutor in The Hague. And we are now—in mid-April, on the 18th of April, in fact, the War Crimes Commission will meet yet again in Kuala Lumpur to prepare for the second, and hopefully last, draft submission of this documentation to the International Criminal Court.” Obviously there is no harm in handing reports to the ICC, but why bring up the new prosecutor? In the context which he gives the implication is that there is a prospect of the ICC indicting US officials. Does he believe this? Does he identify with the ICC officials and project his own benevolent intents on to them? Is he confused about the difference between the way people act in the real world and, say, the way they might present their desires at a social occasion?

That is why I hang my head in despair when I hear someone as admirable as Dr Francis Boyle discussing the ICC as if Palestinians have nothing to lose, as if the worst of their worries is simply that the ICC will be unable to act on their behalf. In his own words, Boyle “advised President Abbas to accept the jurisdiction of the International Criminal Court….” And, because I know that Boyle an intelligent and caring man, from my very bowels comes the unstoppable question: “Are you out of your fucking mind?”

Conclusion

Inevitably the ICC will do everything possible to seem as if it is responding to public pressure to prosecute Israeli crimes, but it will not prosecute Israelis. It will be biased in favour of Israel, but that will be represented as being even-handed and objective by some, and as being biased against Israel by others. Many supporters of Palestine will be sucked into defending the ICC against accusations of bias.

Palestinian leaders will be threatened with ICC prosecutions both publicly and in private. This will deepen the already profound constraints and controls imposed on them by Israel and the US. This may be enough to erode the ability to resist armed mass violence by Israel, such as the resistance to “Operation Protective Edge”. That conflict was once again a one-sided act of mass-murder, but armed resistance caused enough IDF fatalities that there must have been some deterrent effect. That deterrence will be eroded if Palestinians do not feel able to use armed resistance.

Already Palestinians are beaten with the stick of the Hamas terrorist designation. On the other hand Al Jazeera‘s “Palestine Papers” illustrate that Palestinian Authority leaders are compromised in other ways. I draw the inference that Israeli actions such arresting legislators or the 2002 siege of Yasser Arafat’s compound were ways of creating threats which are levers with which to control PA leaders. The PA leaders might not be traitors as much as they are responding to the political realities of the world that they live in. The ICC will provide more ways of threatening and controlling some Palestinian leaders while turning the other into outlaws. It is all bad news for Palestinians.

Meanwhile, the goodhearted people of the world will be drawn into a narrative of atrocity calculus. The criminality of all Palestinian resistance will be arranged alongside the criminality of a few Israeli bad apples. When all eyes see mounds of Palestinian dead, we will still have our thinking obfuscated. The victims will be made to seem the criminals. The ICC will turn up the volume of the conversation which avoids, at all costs, trying to examine the deep historical issues of justice, and instead yells stridently and chest-thumpingly about the criminality of the “bad guys”.

Meanwhile Israel’s leaders will exploit the empty threat of ICC prosecutions against them to deepen the sense of the whole world is hostile to Jews. Israelis and Western Zionists will be deafened to criticism of Israel’s crimes, slipping ever deeper into the lake of Kool-Aid beneath the mirror surface of which lies Oppositeland.

The ICC is nothing but bad news for Palestinians.

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