A Fiction of War

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To continue its genocide Israel must first convince the world that it is fighting a war. It targets civilians and claims they are “human shields” who have become collateral damage. It leaves Palestinians with no choices, demanding of them the impossible, and then claims that they are choosing war. Israel simulates war to commit genocide.

The “thinking” behind Israel’s tactics of genocide in Gaza is not directly practical. In practical terms it would be easier to simply name a “final solution” of extermination and work from that basis. Yet the current modalities of genocide are crucial in creating a fiction of war, a lie that the one-sided violence of genocide is warfare in the sense characterised by Clausewitz as being “policy carried out by other means”, which is often quoted with the word “policy” replaced by “diplomacy”. In the case of Israel we can also say that diplomacy is genocide carried out by other means. Israeli diplomacy invariably aims to create the fiction of war – a sense that the violence inflicted by Israel is a form of two-sided “conflict” rather than the one-sided murder that it is.

None of this is without precedent. Genocide is always a process, not an event. Colonial genocides in particular are seen at the time as a series of asymmetric wars, each treated by the aggressor as having separate causes and aims.

The most complete sequence of colonial genocide can be seen over the centuries violent expansion by the English, then British, then USA killing and dispossessing the indigenous people of what is now the continental USA. This genocide (or these genocides) began as discrete events of massacre and warfare, becoming increasingly more asymmetric. Treaties and interregna of “peace” became means of ethnic cleansing and periods of “[d]eliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part” (a punishable act of genocide as described in the UN Convention on the Prevention and Punishment of the Crime of Genocide). Through this time clearly genocidal non-warfare acts such the slaughter of bison and the promulgation of genocidal ideology were ongoing. The genocide grew in sophistication as it moved West, reaching California as a combination of bureaucratised and systematic mass-murder that would be a direct inspiration for Adolf Hitler’s genocidal policies.

When the victims are reduced to a tiny fraction of the original population with an even tinier fraction of the dominion that they once held the genocide does not end. Genocidal policies enter new phases. Some tribes are declared extinct so that survivors have no recognised identity nor historical claim against dispossession. Children are taken then sent to residential schools to “kill the Indian, and save the man” (frequently without achieving the latter). Other policies aim to destroy languages and other foundations of cultural identity. This leads to the last phase, that of assimilating the remnants. This phase is perhaps better exemplified in Aotearoa, Canada and Australia but is broadly indicative of the sequence of genocide in the US. In the last phase the surviving population is inducted at the bottom of the class system. The systems of class oppression are used on them as inherited from British class society, but enhanced by a racial element into “structural racism”. In this phase (which may still be considered genocidal) state instruments of coercion fall unevenly on the remaining indigenous population. Ideologically, like the lower classes, it is made to seem natural that they would need to be subject to greater surveillance, control and correction by the state. This expresses itself through the violence of policing and criminal justice and through the violent and prescriptive aspects of the state “welfare” apparatus. One indication that this can legitimately be thought of as genocide is the sobering fact, for example, that more Canadian indigenous children are taken from parents now by the state than were taken at the height of the acknowledged “genocide” enacted through the residential school system.

I have gone on this digression regarding genocide in the US because it is such a comprehensive example of genocide. It is not only complete but it is fractal, such that different pieces can be carved out and will still show much the same thing an a smaller scale in time and space. The elements of genocide tend to follow a progression, but when one modality is to the fore it does not mean that others are absent. This is true of the genocide against Palestinians which is expressed differently for Palestinians in Gaza, those in Areas A, B, and C of occupied West Bank and East Jerusalem, and those Palestinians who are citizens of Israel. All of the elements of colonial genocide that I have described are there.

The dominant modality or idiom of genocide against Palestinians we see at the moment is akin to that of nineteenth century California such as described in Benjamin Madley’s eye-opening 2017 book An American Genocide: The United States and the California Indian Catastrophe, 1846-1873. The most obvious differences come from the vastly expanded capabilities that technology gives the state of Israel, but the basic structure is the same – the maximum amount of surveillance, control and categorisation juxtaposed with systematic mass killing. The killing can be linked to open espousal of extermination by some elements of the Israeli state (military, government, capital and ideological/media) but the exterminatory nature is deniable in that it is not implemented in a direct comprehensive manner. The logic of extermination is there in the totalising nature of the choice of whom to kill. Though Israel often effects genocide by eliminating crucial people, such as medical or educational staff, we have ample evidence now that on the whole Israel’s violence is aimed at all Palestinians as such. The fact that there is no “final solution” does not mean that it is not a process of extermination. Over time, however, if not ended this genocide will follow the same path that other colonial genocides have followed, destroying Palestinians as such. If the current upsurge in genocidal violence becomes a new norm (like Operation Cast Lead which became a precedent for systematic mass-murder carried out with impunity) then Palestinians will effectively be cleansed from the occupied territories in one or two decades at most.

This genocidal slaughter is all underwritten by fake peace processes, the fake “two-state solution” and a form of diplomacy that (as I already stated) amounts to genocide carried out by other means. In the recently published What Does Israel Fear from Palestine? author Raja Shehadeh tells of personally attending a fake peace conference at which he was scolded for calling the occupied territories “occupied”. Shehadeh concludes that “[r]eal peace would mean a reconfiguration of the myth….” A peaceful democratic Jewish state is no longer possible and the actual apartheid state that exists cannot and could never survive without conflict.

Fake “peace” diplomacy is in fact conflict diplomacy designed to ensure that a plausible state of conflict always exists as cover for a genocidal process (which has a clear direction of travel along a road towards total erasure of Palestinians as such from the occupied Palestinian territories). I have referred to this as Israeli diplomacy, but in truth it is US diplomacy also. The Oslo process was designed by the US and it led to an impossible situation for Palestinians. There was literally nothing real that they could concede in return for peace and statehood, but Israel was able to create and maintain a façade of making demands for security. It is a paper-thin pretence that is completely belied by their settlement activities and much else besides. There is no legitimate reason why the US would accept any of this if they were at all invested in the “Oslo process”, the “peace process”, or the “roadmap for peace”. On the contrary, the US spent decades repeatedly insisting that “final status issues” (i.e. those that actually lead to peace) are an exclusively bilateral concern and did not shift that position as Israel systematically and ostentatiously made any promised resolution impossible. The consistency of the US in this regard reveals the bad faith in which they drew up the parameters of this “peace process”. This means, ipso facto, that they are the knowing architects of the fake peace process, which is to say the permanent conflict process that is a crucial foundation of the ongoing genocide. Therefore, this is a US genocide.

It is by no means abnormal for those committing genocide to use a pretext of armed conflict as cover for their activities. When Lemkin invented the term genocide he stated that: “For the German occupying authorities war thus appears to offer the most appropriate occasion for carrying out their policy of genocide.” This sentiment seems to be echoed in the words of another person – Adolf Hitler (also, in a way, an authority on genocide). Hitler wrote: “This partisan war has its advantages as well. It gives us the opportunity to stamp out everything that stands against us.” As a rule, if armed conflict is serving as a pretext for another undeclared policy, that policy must certainly be genocide.

There are good reasons for believing that Israel cannot achieve its aims through genocide because the world has changed since similar colonial genocides succeeded. But that is only true if we make it true. Those people lost to historic genocides were almost voiceless, but the problem now is not voicelessness, it is deafness. The deafness of Western leaders and those of certain lackey countries. They cling to a malicious malevolent mendacious obtuseness. It is violent genocidal racism that hides behind specious arguments and a phoney concern for Jewish safety. Central to all of this toxic hatred is the fiction of war – the pretence that a stateless impoverished people pose a threat to the 6th most powerful military in the world – a contention based on the racist notion that Palestinians reject peace because they have an irrational hatred that drives them to perpetuate a conflict in which they lose much more than their powerful enemies.

It is foul fascist nonsense, this victim-blaming fiction of war. There are no half-measures left to us in response. We need to drive the genocide supporters and genocide deniers off the air and out of office. Moreover, the genocide will not end until Palestine is free. A ceasefire will not bring real peace, just a different phase of genocide. Only a single democratic state and an international commitment to reparation and stability will bring peace, justice and an end to genocide.

Israel’s War Against Morale and Morality: Learned Helplessness, Elite Capture, Managed Fascism, and How to Fight Back.

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To begin I cried every day,

then every day,

then every day.

No shock, only churning

yearning helpless sadness.

A living emotion

that has grown tough and bitter:

A wiry weed

hugging dark cracks so that

tears are hard to reach.

Part of me has died.

A percentage is now rubble.

Last week a heartbreaking message was delivered on twitter: “This will be the last post we share here. We believe there is no point in telling our human stories anymore; everyone has grown accustomed to seeing us killed. It’s no longer worth the risk to send our voice out to a world that is content with mere solidarity. Even many of our human stories no longer interest people (even our voice is being ignored). It’s time to stop waiting for a savior and to help ourselves survive. Please try to keep us in your prayers.” 

These words came from @GazaMartyrs, an account dedicated to naming and humanising people killed by Israel’s genocidal violence in Gaza. The decision to end these activities came after another post that read: “Nothing has ever shaken or broken me before like Mohamed did today during our filming. There is nothing in this world that justifies killing a man’s children, mother, and wife all at once. He went from being the happiest man because of his children to being completely shattered in a single moment. This is the reality for all of us here in this hell. We are being killed here, losing our dearest loved ones and friends, and all we have met with is abandonment and silence.”

That earlier post came in response to a particularly cruel story. Readers may be familiar with the tragic details. Muhammad Abu al-Qumsan left his wife, mother-in-law and newborn twins to obtain birth certificates for his babies. Social media posts show how happy Muhammad and his wife were with their beautiful and beloved new arrivals. An Israeli strike hit precisely the 5th storey apartment where the proud new mother, Dr Jumana Abu al-Qumsan, was standing at the window trying to get an internet signal. 

Given what we know of the timing and precision of the strike it seems very likely that Israel deliberately timed the murders so as to leave the father bereft. This is an act of psychological warfare. It may seem counter-intuitive to suggest that Israel would deliberately leave a survivor whose tragic loss becomes a global news story, but, as the reaction of @GazaMartyrs shows, such actions can be very demoralising. Thankfully @GazaMartyrs have resumed their work, but the source of their despair is ongoing. Israel is selectively using ostentatious atrocities to make Palestinians feel powerless and isolated while also creating a divide between the global Palestine solidarity activist population and less engaged majority populations in Western countries. 

We cannot know for certain that this or any particular act of murder was also a macabre form of psychological operation, but if it’s not true in this case it is certainly true in others. The killing of Hind Rajab and the paramedics sent to her aid took place over many hours, took great coordination, and was clearly intentional and purposive. Equally in the initial months of the assault on Gaza an IDF run Telegramsocial media account shared many explicit posts by IDF personnel showing themselves committing clear war crimes. There are many other instances where Israeli officials and personnel have gone out of their way to show cruelty, viciousness and illegality. There is no real dispute that this is happening, but it seems natural to assume that this action is counterproductive to Israeli strategy and it is a product of dysregulated ideological fervour. This is by no means a safe or sound assumption. There are clear benefits for Israel in ostentatiously promulgating terrible crimes, beginning with the effect of terrorising people in Gaza and demoralising Palestinians and their allies throughout the world.

Israel is using its acts of brutality to wage psychological war on Palestinians and those who oppose the violence and oppression visited upon them. These acts work on different levels and it is clear to see that currently Israel seeks to avoid publicising its acts in the West Bank and in East Jerusalem, but allows acts perpetrated in Gaza and on Palestinians taken from Gaza to be seen widely. In doing so they show how little they fear losing support among the international general public. They do this all knowing that a significant minority of Westerners, mostly due to racist views about Palestinians, will never waver in their support for Israeli violence even at its most inhumane and extreme. 


Powerlessness

Many people reading this will bear emotional scars from these months of slaughter and suffering and fear and grief. We have witnessed so much of the violence in graphic and often intimate detail. How can any activist, doing whatever they can to bring an end to the horror, not feel a sense of impotence? There seems to be no avenue to make our voices heard, to exert our will. We are constantly reminded that our efforts seem to change nothing. Each new obscenity feels like another gut-punch meant to teach us again and again that there are no limits. There is no red line.

There is a reason for the feeling of helplessness in that it is the product of design. Israel is using its ability to act with impunity to create that sense of impotence and futility.  At the same time the parade of atrocities we see, whether by accident or design, also serves to distance activists from our compatriots. Even though most people in the general public favour peace in Gaza, they are woefully misinformed about the nature of the violence there. Those people are led to believe it is a military conflict, in which civilian deaths are collateral damage. They do not understand what genocide means and they think that activists who use the term are either exaggerating for rhetorical reasons or are deranged fanatics. If you try to explain by using illustrations of what is going on each day in Gaza, they will think you a wide-eyed partisan and are highly unlikely to believe you. They will make the reasonable seeming inference that if what you are claiming were true then it would be talked about on the news and our political leaders would behave much more assertively in reaction to these atrocious crimes.

At times it has seemed that each atrocity by Israel is concealed and effaced by the next, like a deadly form of Gish-galloping. (Gish-galloping is a bad faith rhetorical technique, used often by Zionists, where instead of explaining a position cogently you simply overload people with a stream of arguments, many or all of which may be indefensible individually). As well as doing that on our screen, it feels as if Zionists are also enacting this as a violent psychological warfare technique. We are being deliberately overwhelmed by a relentless grinding tempo of massacre upon massacre. Events such as the Superbowl final are exploited for their distracting power, but more prominent acts of Israeli violence are themselves used as camouflage for further murder, such as when the IDF used the aftermath of the Flour Massacre to kill many aid workers. 

When it suits them, Israeli officials know that they can lower the rate of death so that, having themselves set a bar of what is newsworthy violence, they know with certainty that news media will ignore or bury this increasingly banal mass killing. They have completely corrupted the news media through manipulation of their established practices – the “news values” that guide them on what is and is not worthy of passing on to the masses. This works alongside practices of direct control, covert control, lobbying, and flak to create a system in which the critical reporting of Israeli violence is disproportionately infrequent and is always blunted leaving the talking points of apologists unchallenged. For the general public this means that the deaths and mutilations they see become a form of background noise because the root causes seem disputable and the complicity of our own governments is made to seem at least excusable if not tactically merited in the apparently confusing and contended circumstances. Israel does not seek to win public support for its genocide, it seeks to control the nature of public disapprobation by ensuring that the stark one-sided nature of its genocidal onslaught is hidden.

Every military action of the IDF has a propaganda dimension. This is the culmination of a long history of violent psychological operations developed by the US in the last seventy years. From Edward Lansdale hanging the bodies of exsanguinated rebels from trees in the Philippines after WWII, to the hybrid military/psychological/political onslaught of “Shock and Awe” unleashed on Iraq in 2003, the distinction between warfare and propaganda has become non-existent. Clearly the main approach for the IDF is to maximise the power of indirect violence through hunger, exposure, deprivation and disease. The violent agonies of displacement and famine have never been understood by the general public, and the situation in Gaza has few parallels because of its sustained and inescapable nature. Yet while they exploit the media habit of silence on this form of violence to assuage the general public, they also use targeted dissemination of more shocking violence that they know will reach only those who already oppose their oppression. For example, there is the aforementioned Telegramchannel that an IDF psychological warfare unit created to disseminate images of graphic violence, destruction and overt war crimes. Their material reached the activist population of the West through social media, and may have featured in news of non-Western countries, but did not reach the general Western public.

The invisible violence of diseases, homelessness, fear, dislocation, constant exposure to discomfort, lives arrested and deprived of aspiration and meaning is as nothing to the Western public. At the same time the more shocking graphic images of violence are also absent from their lives. But while the opiated masses live in the smog of manufactured acquiescence, activists are bombarded with a surfeit of graphic imagery that may also serve to dull the emotions. Israel can choose to attack the morale of the activist population by creating messages through acts that we can read but the general public cannot, acts that we know are true but can never prove. They can sadistically terrorise, hunt and murder Refaat Alareer. They can take their time massacring Hind Rajab, her family, and her rescuers. They can deliberately leave Muhammad Abu al-Qumsan alive to spread the sense of terror and helplessness. All or most of it must be deliberate, but we cannot demonstrate this let alone prove it to such a degree that people who assume that such things can never happen will change their worldview.

Israel uses its impunity to display its impunity. The sadism is functional. The Palestinians in Gaza become like mice cornered by a cruel cat while we watch in horror unable to intervene, unable to reach, unable even to comfort. In Gaza the people are subject to every imaginable attack. True to the nature of genocide the onslaught occurs at once on many levels, each multiplying the damage of the others. Outside of Gaza, though, we are all subject to a psychological attack. They are using the techniques of “learned helplessness” on us all.

Absurdities and Epistemic Bifurcation

There is a saying derived from Voltaire that has been honed over a few centuries to: “Those who can persuade us to believe absurdities can make us commit atrocities.” Our society produces absurdity by controlling what is and what is not speakable. This is a self-perpetuating system as each incident that is interpreted in that restricted light is another data point proving that the sort of event that is excluded from consideration must never happen because there are no examples of it happening. Certain historical analyses that are plausible according to the specifically pertinent facts are considered inadmissible because they contravene a predetermined framework of the way the world works. Most commonly we see such contentions labelled as “conspiracy theories” (CT).

I do not want to alienate those who struggle against the right-wing CT community, but the term itself is toxic. What is and is not labelled “conspiracy theory” has nothing to do with whether or not something involves a conspiracy, nor is it valid to criticise a theory on the grounds that it posits a conspiracy. Those people who use the term seem to have no idea of the weight of the anti-intellectual shackles that they are helping to fetter humanity with. That which is and is not considered CT is determined by naked power. For example, in a thousand years historians will look at the invasion and occupation of Iraq and will probably take it as read that the war occurred due to the quantity and high quality oil in Iraqi territory. Tony Blair, however, successfully argued that “the oil conspiracy is honestly one of the most absurd when you analyse it.” So instead of a banal imperial reality that is in total accord with overt US foreign policy doctrine (the “Carter doctrine”), the news media gave far more credence to the elaborate tales of intelligence sources such as “Curveball”, tales of mobile weapons labs, yellowcake lies, the “dodgy dossier”, fever-dreams of missiles hitting “British soil”, and so forth. The banal and historically normal explanation was a “conspiracy theory”, but the elaborate and unrealistic tissue of complex fabrications was acceptable even though each contention involved a high number of conspiracies. So much for “conspiracy theory”.

Thus there is a growing two-way credibility gap. There is an epistemic bifurcation that is part of a wider atomisation that is creating a world of mutually exclusive realities. The empire has taken the Roman principle of divide et impera and worked out how to send it through our eyes and into our brains on an individual level. I have long remarked on the fact that US actions are often clearly meant to be read in two ways – one message to the imperial masses, and a very different one to those who resist. To the disempowered masses of the  “Arab street”, for example, they are often sending the message that they are a ruthless, savage, mass-murdering genocidal power. The very same acts used to send that message, though, are often framed in the West as being acts against the barbaric violence of the people they are killing. Nor do they have any scruples about re-imagining themselves as victims. Their prolific expansive use of unmatched military violence against much weaker people becomes something they have had forced upon them by their unwitting well-intentioned entanglement with the dark quagmire of non-Western incivility. And then, as per Frankie Boyle’s famous quip, “they’ll come back 20 years later and make a movie about how killing your people made their soldiers sad.” That heart-of-darkness shit just keeps happening to the poor bastards, and somehow they never learn. The Panglossian optimism of the “Whig theory of history” has been replaced with the whingeing narcissism of the “Shitlib theory of history” where the perpetrators are always the victims (and Trump was, would be, and always will be 100 times worse). 

The absurdity of the mainstream worldview does not come from any individual incident, it comes from the cumulative effect of excluding certain possibilities from consideration over and over again. This feeds the vulgar empiricism of those who always insist that positive proof is necessary for some interpretations, but not for others. Such people do not like any suggestion that a pattern might be discerned, or even sought to be discerned, among events which share common characteristics. Ironically (but not really ironically) right-wing activists who oppose the “mainstream” will sometimes exploit these behaviours to create bad faith attacks on the bad faith orthodoxy. For example, some anti-vaccination activists question the viral origins of AIDS and SARSCov2 on the basis of a vulgar empiricist claim that ignores all of the statistical links as being insufficient as they are not direct demonstrations of a laboratory infection leading to the attributed disease. These people are ridiculous, but effectively this is what orthodox scholars in some fields do all the time. The thing that makes this apparent right-wing dissent ironically unironic is that these dissident activists are largely controlled by a bunch of astroturfing billionaires and their toadies. I would go so far as to say that I have a theory that there is a conspiracy among some very wealthy people to control public policy by creating flak for governments through loud and over-resourced fake activists. 

Now that I have accidentally outed myself as a proud conspiracy theorist, I feel empowered to say that sometimes we should consider that things may be as they first appear rather than insisting that things must be explained in a certain way. There is always an assumption that “civilised” governments and their military arms will not do certain things like killing their own civilians or committing genocidal violence against others. No number of proven historical cases of US, UK or Israel doing such things will be taken into account. In reality, governments in general are well demonstrated to frequently exceed the bounds of behaviour that any normal person would consider tolerable. The Zionist 3 (US, UK, Israel) even more regularly exceed the violent inhumanity of most contemporary societies. I am not going to list proven crimes here, but if I did so it would show that no action of these governments should be judged on the basis that they would not cross certain lines or that they are constrained in any way by morality. No doubt there are people and institutions that limit some atrocities, but what is limited is determined by pragmatic considerations of power. The moral calculus is complex and contended, but the most important fact to remember is that there is no ultimate red line. If the stars align the right way for the worst amongst them, they will begin implementing a “final solution” for the Palestinian people and we are already well along the road to that horrific destination.

In April, a World Central Kitchen team of 7 aid workers was slaughtered with thorough and deliberate overkill in the “deconflicted zone” of Deir al-Balah. Orders passed through multiple channels to achieve this. Israel’s non-explanation was that they thought that armed militants had taken one of the vehicles. They initially mentioned a possible kidnapping, but that was not part of the later report possibly because outside of Israel it is not considered normal to respond to a suspected kidnapping by killing the victims. The Israeli report claims that they mistook a guard for a militant and thought that one of the aid workers was another militant because someone allegedly thought that a bag was a gun. At no stage was there a suggestion that the imaginary militants posed any immediate threat to anyone. That would suggest that they were not looking for people they needed to target, nor people they should target, but rather the people they could get away with targeting and killing. Command gave permission to engage the vehicle with the suspected militants. After attacking that one vehicle Israel claims that two soldiers went against procedure by attacking the other two without permission. According to Israel it was all done in error. It was a very thorough mistake to take the lives of every one of the seven aid workers in the convoy.

This all happened at a time when the Israeli government was fighting diplomatically to be allowed to block aid entering Gaza altogether and many Israelis have shown a violent antagonism against humanitarian aid and to aid workers. The IDF report begs so many questions that even if taken at face value it does not preclude premeditated murder. It is not an exoneration of criminal intent it is a narrative framework provided for those who already assume that these deaths cannot have been purposive. Yet it was such a very comprehensive attack and Israelis have no lack of motive at a collective or individual level. Whether seen as a military strategy to deny supplies to armed militants, or an intrinsic part of the genocidal war against the Palestinian people, or a product of anger and hatred towards those who seek to give succour to the enemies of Israel, there are clear reasons why someone might deliberately use a pretext to kill an entire aid team. 

We don’t know for sure that Israeli individuals at some level in the chain of command decided to kill an entire aid team, but the circumstances and results certainly lend themselves to that possibility. These killings led to a result that the Israeli government desired. Some aid organisations halted operations meaning that aid was further restricted, as was the number of outsiders coming into Gaza to help and (perhaps more crucially) to bear witness. Like the 2010 killings of 9 activists trying to deliver aid to Gaza by sea, the WCK killings sent a message. These deaths set a precedent and as we have seen in the case of recent attacks on aid vehicles in Gaza, Israel can attack without consequence any time it wants and aid organisations have no choice but to suspend operations.

Many of you reading this may be feeling uneasy that I am suggesting that in all probability someone with some level of authority in Israel decided to kill an entire aid team. The conventional wisdom is that, as Carl Sagan said, “extraordinary claims require extraordinary evidence”. Absent some genuine scientific or statistical expectation, though, this is the fallacy of conservatism – the idea that of two or more interpretations of events one is to be preferred as being more mundane. In political matters the weight of conservatism is usually purely ideological and has nothing to do with any scientific criteria.

Is it shocking to think that some Israelis actually intended all of the WCK workers to be killed? Perhaps it is shocking, but it is anything but extraordinary. Some might object that they wouldn’t risk it because they could not necessarily get away with it. But they can get way with it, and they know it. As long as Israel itself investigates and exonerates itself of intent in the short-term it doesn’t matter if later investigations bring that into question. Our leaders in politics and media do not ask for truth, they ask for fig leaves. Once they have the fig leaf, they add it as a page to the Encyclopedia of Official Truth. Thus, the lie that a possible thing is not possible, becomes the absurdity of claiming that these perfectly plausible things can never happen. 

All of this is made even more sickening and alienating by the overt way that Israel can systematically kill Palestinian aid workers. The absurdity of the Encyclopedia of Official Truth is deepened in these cases, not by the insufficiency, but by complete silence. Israelis can openly share footage of themselves committing atrocities and other war crimes, but despite the unimpeachable source, it is not considered newsworthy. The victims are not considered newsworthy. The violence of the genocide in Gaza has become unremarkable, as has the violence of settlers and security forces in the West Bank and East Jerusalem. It is not news, they may say, but there is a bit of a catch here. The existence of passenger aircraft is not news either, but news media do not act as if they don’t exist. When discussing Palestine the media are like people who try to explain air disasters without ever admitting that aeroplanes exist. That is because, on the one hand, the ongoing systematic violence against Palestinians is too banal and well-understood to bear reporting on but on the other hand the systematic genocidal nature of violence, which is the key context, is politically controversial. Therefore, the thing that is too well known in one sense must become a complete unknown when reporting on related events. Just how did the lifeless bodies of these 83 people end up scattered here amidst this metallic debris less than an hour after departing from an airport? What could explain the event? Is it because they were being used as human shields, or might a stray Hamas rocket have killed them?



Elite Capture and the Bonds of Shame

On The Daily Show Rob Corddry responded to the Abu Ghraib scandal by satirising the collective US position, “…the Arab world has to realize that the US shouldn’t be judged on the actions of a … well, we shouldn’t be judged on actions. It’s our principles that matter, our inspiring, abstract notions. Remember: just because torturing prisoners is something we did, doesn’t mean it’s something we would do.” The political leaders of the Western world and most other countries went along with exactly that contention, and they continually reaffirm it to this day. They do exactly the same with regard to Israel, but the results are far more grotesque. Israel doesn’t have the soft-power of the US and its image as a liberal Western nation doesn’t have as much sway in convincing us to ignore reality. 

It is increasingly hard for people to believe the narrative of plucky little Israel, living at the outer edge of civilisation withstanding the onslaughts of the barbarian hordes that surround it. Some people have clearly internalised a racist blind hatred of Palestinians as such, but for those who haven’t the pretextual nature of Israel’s “security” narrative is wearing thin as they continue relentless violence and unconcealed dispossession of Palestinians. Even the average regular Western consumer of “Islamist terrorist” content is likely to find the generic conventions weakened if not violated by the glimpses and hints that slip through to them of house demolitions, land theft and infrastructure destruction. A glimpse of a road being destroyed as shown above may not immediately cause a rethink, but it will sow the seeds of dissonance and the Zionist “security” narrative will seem stretched thinner and thinner until one day it just snaps, and that person is lost forever to the Zionist cause. Meanwhile the Israelis themselves are finding it hard to maintain the façade of civilised morality as the culture of fanatical racial hatred deepens. Their public relations on social media now feature gleefully captioned images of the bloody bodies of slain enemies. They are speaking more and more to a narrow group of fanatics who have no interest in outdated imagery of liberal Israel as the bulwark against extremism. They are speaking to a racist core that want a fascistic militaristic muscular Israel standing against the barbarian Asiatic hordes like the 300 at Thermopylae.

Our beloved leaders in the Western political, media, business and academic world largely speak as the racist Zionists do, but without the foaming mouths and spray of spittle. They are not enthusiasts. They are not ideologues. They are measured and pragmatic. They are not ideological fanatics, rather they are fanatical Panzaists who believe this to be the most banal of all possible worlds.i If a giant were to suddenly appear and swipe them with a massive spiked club, their last words as they lay mangled and dying would be a warning about the dangers of windmills. They know that Israel is a bastion of Western civilisation and embodies the values of the West. Historical reality notwithstanding, Western values include the knowledge that all of the horrific violence they commit is only ever because they had really good reasons and ultimately had no real choice in the matter. In fact not doing the violence would be a complete dereliction of Western values. To eschew righteous killing would be insulting to the memory of those who died in far jungles to protect our freedoms. It would be like wiping your arse with the Declaration of the Rights of Man and of Citizen, the Magna Carta, and the screenplay to the beloved M*A*S*H finale “Goodbye, Farewell and Amen” .

Western atrocities are always undertaken to prevent something that we are assured will be worse, not just for “interests” but generally speaking for the people that will be shelled, bombed, shot, displaced, and starved. When the West kills people it is really in those people’s interests if they could but see it. As an unnamed US Army Major told Peter Arnett in 1968, “It became necessary to destroy the town [Bến Tre] to save it.” Scaled up the Western attitude could accurately be parodied as, “the only thing worse than committing genocide is not committing genocide”.ii

Little that has come after October 7 2023 really supports Israel’s counterterrorism discourse, but each day brings more evidence that belies it. The numbers of dead are bad. The optics are bad. The logic is bad. The sheer duration is bad. The reports from third parties are bad. The diplomacy is bad. The court cases are bad. The polls are bad. The context is screaming in the ears of our leaders: “THIS IS GENOCIDE!” Despite this, they still live in a world where it is very costly to call the genocide a genocide, and there is no cost at all for outright genocide denial. Yet as “Israel’s right to defend itself” becomes ever more self-evidently detached from reality, none of these people are shifting their opinions, in fact many are hardening.

If the world worked the way it is meant to work, world leaders should fear the consequences of supporting a genocide. It is a crime to support genocide, whereas there is no crime of being insufficiently helpful to Israel (they just act like there is). In political reality (which influences realms beyond politics) the formal and theoretical situation is reversed. Some people, such as the leader from a small leftist party or a lecturer in Middle Eastern history, can say “genocide”, but those with the authority to speak as part of the establishment must prevaricate or make an outright denial using the aforementioned fallacy of conservatism. As typically seen in the academic world (for example) to speak certain truths you must declare yourself to be partisan or “critical” and banish yourself to the fenced-off free-speech zone where dangerous truths are quarantined in containment. In contrast, those who speak for power (such as those with administrative positions) must privilege power over evidence as a source of truth.

As the distance between the evidence and the official “truth” grows ever starker, you might expect that people’s positions might change, but we can see that this is not happening. Leaders will not change unless they are pushed with extreme force. They are trapped, you see. The worse things get the more they are psychologically and politically tied to being genocide enablers. At high levels of any hierarchy there is always a survivorship bias in favour of expediency. Those who act inexpediently do not keep climbing the rungs of the power ladder. Expediency is the water in which our fishy leaders swim, breathe and defecate, but even they must morally rationalise to tell themselves that their self-interested actions are for the greater good. For most (apart from a few sociopaths and outright neofeudalists) their careers are built on the foundation that they must advance themselves in order to advance humanity. Once they have decided on the righteousness of their position they have access to all of the human arts of evading, ignoring, or explaining away undesirable evidence.

As the visible evidence of terrible suffering grows, those who support the causes of that suffering become morally tied to the position. From what may have been a relatively mild support, as time and body count grows it becomes ever more necessary to believe in the value of the cause while the atrocious cost skyrockets. Those who keep acting in support of the violence become de facto members of a baby-killer club. Like those in clubs whose initiations involve social transgressions, such as humiliation or violence or unusual shared sexual behaviour, they become tied by bonds of shame that are also potential bonds of blackmail. The leaders are detached from the herd of the naive public – the masses that do not and cannot ever understand the sordid but unavoidable realities of real power and true politics. This is wonderful news for Imperialists and Zionists. The Zionist 3 cannot maintain a legitimacy that will convince a rational person to support the genocide, so they want to trap an elite class in an irrational state that is isolated from democratic influences.

In far more basic practical terms it is also impossible for leaders, especially those directly involved in politics, to change position on something that is so significant and has such a naked moral dimension. The reality of our politics is that any admission of, well, anything at all is a weakness to be exploited. That is even more so if one chooses to betray the cause of Israel and the US empire. In the media world, for example (though equally in other areas) the flak machinery in the “propaganda model” theorised by Edward Herman and Noam Chomsky in Manufacturing Consent is now reinforced by what appears to be a fascist 5th column within leadership roles who exploit any weakness as an occasion for oppressive over-reaction. Thus, any number of people can complain about media bias against Palestinians and it will be greeted at best with empty gestures but in contrast any accusations that criticism of Israel is “antisemitism” may be bring serious consequence even when completely without merit. Some of this is due to the work that has been done (for example with the IHRA definition of “antisemitism”) to create an institutional bias, but it seems equally clear that ideologues or corrupt agents will seize on any pretext to purge the heretic.

The more absurd the elite position the more defensive and hostile to questioning they become. The Marie Antoinette vibes are getting stronger and stronger as they do everything to isolate themselves from the wrong voices or the wrong questions. Some of us masochistically geek-out to footage of Mark Miller and similar creatures contorting words into unrecognisable abstract sculpture, but we are a small minority of connoisseurs of political bollocks. We are, to coin a term, wank wonks.iii By contrast, normal people only experience the political speech of proper leaders, not spokespeople. None of the reporters who push Miller into verbal nonsense by being direct and persistent will ever be allowed to ask such questions of Biden, Trump or Harris. No Western leader will be pressed with hard factual details on the realities of the genocide, and we all know it. So, presumably, do any political reporters who value the “access” that lets them earn a living.

The walls of allowable thought become ever thicker and opaque to those ensconced within, but equally they are brittle. The organisers of the Democratic National Convention did not even allow a pro-Harris Palestinian-American delegate to deliver a vetted speech because even letting her humanity be seen is a political cost to them, regardless of her co-opted words. Things are so delicate that they could not accord a reminder of the plight of millions of Palestinians be seen as valid in the same sense that the plight of 100 Israeli hostages is seen as valid. Violent societies often employ selective sentimentality to erase the humanity of the enemy, even to the point of total hypocrisy.


Our Fascist Reality and How to Fight Back

People are tired. People are demoralised. Yet people are persisting. There seems to be no diminution of anti-genocide activism despite the hollow feeling of impotence that pervades. Stopping now seems unthinkable, despite having so little to show for extraordinary amounts of time, energy, imagination, tears and anger. One of the problems is that a lot that we do is premised on the idea of changing public opinion. This is difficult when access to the eyes and ears of the public is dominated by bad faith equivocation and outright lies, but it is essential. It is essential, but unfortunately it is by no means sufficient.

If we were a democratic civilisation then winning over the public would be the end-game, but it isn’t. Even if we can’t persuade a majority in the West that the genocide is a genocide, they have at least come to understand that an attack on Hamas does not justify the death and destruction that is happening. Unfortunately the public doesn’t have any say in government policy in general and international relations in particular. The traditional view is that we inhabit “distorted polyarchies” which are pluralistic but in which political power is highly skewed in favour of those with wealth and status. Part of this system has long been the manipulation of the public through indoctrination and censorship. Great figures in what liberals stupidly refer to as “democratic” theory such as Walter Lippmann openly despised the intellects of the vulgar masses and believed that “democracy” required the “manufacture of consent” (hence the title of the Herman/Chomsky classic). Sheldon Wolin referred “managed democracy” leading to a resultant “inverted totalitarianism” where a demoralised confused public is dominated by corporate power. In the 20 years since Wolin wrote that, however, we have seen the rise of a global fascist movement that exists in the same structure of inverted totalitarianism. “Managed democracy” has become “managed fascism”.

In managed fascism anomie pervades the dispirited and/or precarious masses. The resulting discontent is increasingly harnessed by the very people causing discontent, harnessed and used to create a force of reactionary ideologues empowered to crush any who threaten to enact reform or revolt. These new brownshirts are not just in the streets. There are keyboard brownshirts, thinktank brownshirts and boardroom brownshirts. They belong to no single party, but they tend to follow their leaders with such fervent myopia that they might not notice the core of reactionary patriarchal racial-supremacy that they are signing up for. The fascist ideology of our age may not have a single Führer, but it has a single essence that is cohering rapidly.

The good news is that the steps we must follow to force our own countries to fight against genocide in Gaza will also serve to weaken inverted totalitarianism and to combat the burgeoning fascism of our age. We must work to infiltrate actual democracy into our political institutions, we must work to make leaders fear the public, and we must force reason and intellect back into the public political discourse in place of dishonesty and bullying. An awful lot of groundwork has been laid by the posting and postering and protesting of the last year. Possibilities are opening, though the road ahead is not short nor easy.

The first thing that needs to be understood is that any ceasefire will not be a ceasefire. The past has show that when Israel raises the bar on its levels of slaughter that bar is never subsequently lowered. Permanent violent assault is the future of the entirety of the occupied Palestinian territories. Ever deeper immiseration, ever deeper control, and ever deeper humiliation. Israel has gone all in and there is no real going back, only further charades and chicanery. For this reason we can safely commit to the long haul rather than succumb to the sense of immediate need. If public opinion is reset by a pretense of peace, we need to show people that there is no peace and continue from that point. One thing should now be clear to most activists – something that has been true from the start but has been well hidden – the genocide will not end until Palestine is free. That can only mean one democratic state from the river to the sea. If some of the citizens refer to that state as Israel then let them as long as others can call it Palestine and all the people that belong there can call it home.

People will need patience and diligence more than anything. The long haul means knowing that you will just keep coming back to the work when you can. It means thinking of angles and approaches when you can. It means cultivating yourself and others when you can. It means switching from thinking of goals to thinking of processes.

The long haul approach means approaching the heights of power by building power, not arriving as a petitioner with doffed cap asking for justice from the lord. What I mean by that is using the force of democracy to change things at the attainable level and building upwards from there. A successful model in the past has been to bring activism to local bodies, even if only for symbolic resolutions. It works because the core of activists are not a “vanguard” or in any way analogous to the brownshirts mentioned above. It works because activists represent the public sentiment and, at the local level, you can face down politicians who can’t spin their way out of the fact.

People have been building connections within unions and associations, places that hold vestiges of democratic power in our pluralistic fascist societies. Once these bodies are forced to take an anti-genocide stance there is much that can be achieved. For example, if medical unions are made to engage in the issues they can issue statements over hospital attacks or murders of health workers and agitate for the media to cover the issues in a manner that focuses on the Israel’s intentional targeting of medical personnel.

All aspects of activism aim at the same thing, exerting moral, intellectual and democratic power in polities governed by people to whom these are all alien concepts. In these times of dire democratic deficit the power of the people is more or less the same as it is under a dictatorship, but that power is not to be despised. If the masses speak with one voice they have all the power – well sort of. An important caveat is that they have to speak with one predominant voice and that voice must be issuing a demand. It is not sufficient that the majority of the public oppose the genocide, it must be that a clear self-conscious and confident majority makes it known to the government that they will not tolerate continued collaboration with genocide. This is a blunt instrument. The public cannot demand specific policies as easily as it can veto broad flavours of policy.

Public intolerance of government complicity in genocide does not necessarily entail specific disruptions such as riots or strikes or direct action. All that is needed is that a norm against genocide denial is established in the collective consciousness. We already know that this works because such a norm already exist regarding the Holocaust. Mainstream public figures cannot support genocide denial in that instance and it must be extended to this genocide. The key is that people at all levels know that their complicity will be visible such that a politician dare not deny the genocide because the journalist would not dare normalise their denial nor fail to mention it. To create that new political reality is going to take a broad-front approach. All avenues of intellectual resistance must be pursued at all times until the war is won. There can be no half-measures because we know beyond all reasonable doubt that half-measures or compromises are merely false hopes, rest stops on the long road to defeat. Ending the genocide means ending the genocide, and that means ending the occupation.

The fight for Palestinian freedom is the fight for our own freedom. This creeping managed fascism is no joke. The 1930s showed that once fascism got its jackboots under the table, though it may have been a fringe belief to begin, its values grew within the wider society. The same is happening now. In the US and the UK particularly we have seen increased activity of right-wing racist mobs. While there has been a selectively firm and rapid response against some of the rank-and-file racist rioters in the UK, the leading provocateurs are unmolested. Meanwhile peaceful direct action on the left is punished far more severely while terrorism laws are being used to oppress selected individuals for opposing genocide. Over time fascist politics create fascist populations. There can be no better illustration of this fact than what has happened to the minds of Israelis in the past few decades.

The reason that what is happening is fascistic rather than simply plutocratic and authoritarian is because of the power that old and new media to create cadres of hateful fanatics – useful cadres. The logic is the same as that which led Stalin to become such an enthusiastic exponent of Russian nationalism despite a lifetime devoted to an internationalist ideology and despite not even being Russian. Nationalism was a tool of power that had been lying around. The aspect of fascism that is relevant here is the epistemic ideology of combat and enmity that followers take on. They become anti-intellectual self-programming robots who do not build an episteme from observed facts, but rather populate their own and each other’s mind with “facts” created from the predetermined worldview. The manipulation of old media by people like Rupert Murdoch has fed this, but we also need to bear in mind the harmful effects of the ideological isolation present in the online world. Each person’s phone becomes a pocket beer hall where thousands of impassioned preachers of hate can be watched holding forth on the need for action, the need to violently punish the malefactors who (in their fevered heads) have wronged them.

Israel has effectively lost its battle to colonise Palestine. The only future for the project would be an ethnic cleansing and annexation of all the occupied territories, which the world cannot tolerate if it claim to respect law and rights. The only path for Zionist victory is through an international regime of fascism – a world where the most powerful countries reject the rule of law and in which the only reality the masses ever experience is that which the rich wish them to see. So, you may ask, what’s new? What is new is the matter of degree that will be required. Israel must now defeat the growing legion of institutions that, after decades of bending over backwards to create a Palestine exception, have been forced by the hard work of grassroots activists to accept the humanity of Palestinians and the inadmissibility of denying otherwise universal rights on the basis of statelessness (and/or the special pleading of the “Jewish” state).

I am not suggesting that increasing fascism will be forced on the entire Western world just to support Zionism. If anything I feel it works the other way around. Support for Israel is more useful as a pretext for suppressing political dissent than the inverse. At the same time the utterly unmoving steadfast support shown by the US regime for Israel shows how important this is to the empire. When US officials cite US “interests” we need to pay very close heed. In 1986 Joe Biden said would have to “invent an Israel to protect US interests in the region” if Israel didn’t exist. Nearly four decades later he reiterated, “If there were not an Israel, we’d have to invent one.” We should also recall that we are in the third decade of what some US officials referred to as the “Long War”, a war they predicted was going to take 30 years. The scope of the Long War was global, but of the known prominent targets all have been targeted with hybrid or outright warfare and all suffer ongoing violence. The “War on Terror” was the pretext for the Long War, but as the history of Africom shows, the war has a tendency to start before the terror. (The same can be said of the Iraq insurgency which was in response to the depredations of “counterinsurgency” and the NLF insurgency in late 50s South Viet Nam which was prompted by the suppression supposedly meant to quell it).

I cannot even imagine what the ultimate aim of the Long War is, if such a thing exists. All I can say is that this seems like a very dangerous period in terms of a possible overt World War, and Palestine seems to be at the centre. The end of a 30 year Long War also roughly coincides with the believed 2000 year anniversary of the crucifixion of Christ. Many millenarian Christians feel that this time the end really is nigh. As frightening as the prospect of an apocalyptic war is, we cannot assuage or mollify the aggressors because they are beyond such measures. We can only constrain them by defeating them and if there is a risk of wider war it only grows with the diplomatic and military empowerment of Israel’s genocide.

This is our fight, and by “our” I mean everyone who is sane. Will enough people realise this? I don’t know, but I will end this article with an observation made by TikTok and Twitter user @highlyvibey: “anyone who’s okay with slaughtering children for their political ambitions is okay with killing you too”.


If this article was not too noxious for you, please consider giving some money to me via https://ko-fi.com/krkelly

iWith apologies to Miguel de Cervantes (Don Quixote), Voltaire(Candide), and Robert Sheckley (Mindswap).

iiFurther apologies, this time to Oscar Wilde (The Picture of Dorian Gray).

iiiApologies, in this instance, are owed directly to the reader.

The Poisoned Chalice of ICC 

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Many people reacted to the ICC’s prosecutor’s application for warrants for 2 Israeli and 3 Hamas officials as some sort of triumph, a signal moment for the growing pressure to hold Israeli leaders accountable, but it is not. People for whom I normally have utmost respect are steadfastly ignoring the ICC’s record and refusing to think through the actual ramifications of these charges. A simplistic, even childish, authoritarianism seems to grip them, leading them to the delusion that some stern authority figure will get the baddies and make everything right. Even the admirable Francesca Albanese asserted that this is a “watershed”. It is not a watershed, nor is it simply an empty gesture, it is a disaster in the making. 

Though two of the three Palestinians referred for charges have subsequently been killed, it still sets a dire precedent that a highly political process can be used to charge leaders of a resistance group as if on a par with the leaders of the occupying force. It would be bad enough if leaders of victim and aggressor groups were treated with parity, but the whole process is weighted against the Palestinians. As I will demonstrate the grounds on which the ICC prosecutors referred charges against Palestinian leaders are almost infinitely more permissive than those for laying charges against Israeli leaders. If this is unchallenged it will create an easy pathway for hostile powers to control Palestinian politics and excise effective resistance leaders by forcing Palestinian authorities to exclude or even arrest them.

This is an incredibly difficult topic to write about because it involves so many common misconceptions and ideological pieties. The ICC has been called the International Caucasian Court and the Imperialist Criminal Court and has been widely criticised for its self-evident flaws, but still the Court is discussed by officialdom and the punditocracy as if it were some hallowed and grave edifice of ultimate international justice. The public has no choice but to accept this at face value, and no matter how extreme the failings of the court that is unlikely to change because of extant critiques. The problem is that choosing individual flaws simply allows our leadershippers (1) to make promises of reform and continue to treat the Court as a sacrosanct institution. In a parallel universe it might be reformed, but in our real world it is incorrigible and needs to be disestablished.

In some ways the ICC is the criminal justice system in a settler-colonial state called Earth and, like all criminal justice systems of the settler-colonial states, it is inherently oppressive. Complaints about its biases have simply led to promised reforms and seemingly its abysmal record does nothing to stop the amplified class (those who monopolise public political conversations) from gaslighting the public into respecting the institution while the voiceless few with untainted knowledge simply look on in horror. In moral terms the reactions of the official world are truly equivalent to someone finding that their workmate is a cannibal serial killer and dealing with the issue by buying them a vegetarian cookbook and brightly talking about meatless Mondays around the water cooler in order to model a more healthy lifestyle. 

There is no way of fixing the ICC’s bias because selecting individuals to prosecute in order to end impunity for crimes of mass violence is inherently political in a world of so much mass violence. No leader of a militarily strong country is likely to be arrested and tried and those countries, either directly or through proxies, cause almost all of the mass atrocities in this world. The very nature of the court is selective and intended to have a salutary impact. This sounds very reasonable at face value, but we have a phrase that describes such procedures. That phrase is “show trials”. 

On an even deeper level, however, the ICC is part of a broader political move to maintain and deepen an international system of injustice. Rather than allow international judicial institutions to develop a transparent international justice system wherein states that are adjudicated to be committing grave crimes are placed under the collective pressure of a genuine international community, the US jealously guards the ability of its State Department to declare certain countries to be malefactors, to impose sanctions, and to punish those who do not conform with those sanctions. The ICC’s focus on individual criminality helps this process by pushing the focus onto individually or racially demonised enemies of the West while providing easy exculpation for Western leaders (who by default are accorded the assumption of benevolent intentions regardless of the nature of their acts).

For this reason I have to treat the ICC for the hydra that it is. It is insufficient to concentrate on just one aspect of its flaws. If the resulting word count is daunting, I apologise. Consider, though, that Norman Finkelstein wrote an entire book entitled I Accuse!: Herewith A Proof Beyond Reasonable Doubt That ICC Chief Prosecutor Fatou Bensouda Whitewashed Israel just to try and nail down one indisputable instance of corruption.

The “End of Impunity”

The story goes that the impulse to create the ICC was born out of discomfiture at the ad hoc nature of the International Criminal Tribunals for Rwanda and Yugoslavia (ICTR and ICTY). The claim was that rather than have any possible accusation of victor’s justice there would be a permanent body that would be all the more effective because it would end, or at least erode, the impunity enjoyed by leaders in sovereign nations. The risk of prosecution would, in this fairy tale, be credible enough to provide a genuine deterrent against the commission of the gravest crimes.  Instead, as mentioned, the court showed itself to be corrupt and biased from the outset. In addition it seemed to be coyly trying to avoid any move that might come back to bite its Western masters in the buttocks. For example, the Rome Statute laying out the jurisdiction of the Court did not include the crime of aggression until 2010, sidestepping some awkward conversations about the acceding states that had joined in the US-led invasion and occupation of Iraq. 

From the heady days of 20 years ago (when the court promised to end the impunity of all the barbarous warlords whilst studiously ignoring the blatant crimes that the US was committing in its “War on Terror” (2)) things have almost come full circle to the point where even their greatest supporters would have trouble suggesting that their “justice” is any less selective than that of ad hoc tribunals. The court works very slowly and must of necessity be selective. Now that it is issuing warrants for citizens of states who are not party to the Rome Statute, it is effectively cherry-picking from the entire world in a manner that is quite arbitrary in terms of gravity. On the other hand, from a political perspective the choices it makes are far from arbitrary and are invariably in accordance with the Western media discourse about the sort of person who is guilty. 

A Chalice of Kool-aid?

It is impossible for me to avoid thinking of the Kool-aid metaphor when I see people celebrating the ICC chief prosecutor’s decision to pursue charges relating to the current slaughter in Gaza. My gut reaction is that this is an ugly egocentric response amongst people who want to be able to declare “we are winning”. It is stupid and superstitious in the manner that using bleeding to treat tuberculosis or trepanning for epilepsy was superstitious. The existence of a serious problem does not validate a “solution” that only brings more harm. It depresses me to see people slurping this Kool-aid with such relish, but I understand that not everyone has the privilege of discernment. For the Palestinian people it is better described as a poisoned chalice. The Kool-aid drinkers actively choose to ignore the poison (3), but those offered the chalice may be dying of thirst; they may drink in desperation even knowing that there may be poison. That only redoubles the need for those of us with the luxury of some detachment to be realistic about the actual significance of the ICC charges against Hamas and Israeli leaders. 

Netanyahu and Gallant will likely never see the inside of an ICC court, and if they do it will only be the final indication that they are no longer of any use to the Zionist project of genocide in Palestine. Charging two people for crimes is obscenely inadequate during a genocide in which hundreds of thousands, if not millions, are actively participating (including perhaps as many outside of Israel as within it). These tokenistic charges can only ever serve to demonstrate de facto impunity and fuel backlash. We are witnessing a brutally violent genocide unfold and the ICC has sought more charges against leaders of a resistance organisation than against the perpetrators of the genocide. On the other hand, the charges against Haniyeh, Sinwar and “Deif” may cause, and are certainly aimed at causing, very serious problems for Palestinians. They will sow conflict, further pushing the “internationally recognised” but democratically deficient Palestinian Authority into the role of a collaborator regime. If this becomes a precedent the Western controlled ICC will bring or threaten charges against any resistance leader whom it considers problematic, and the PA will have to hunt them down if it values being “internationally recognised”.

On the surface the theatrics of international relations seem to suggest that Israel genuinely fears the ICC, but in public diplomacy all is never what it seems. Revelations that the Israelis have been spying on and manipulating the ICC seem to imply that Israel regards the ICC as a serious threat. The assumption is that the ICC has a business-as-usual and that Israel’s covert activity intended to disrupt its normal function is fallacious. The spying is just one of a number of control mechanisms used by the Zionist powers to steer the ICC. In reality the practice of constantly besieging international organisations covertly and overtly is normal practice for the US empire. Covert action works along with diplomatic and propaganda efforts that discipline individuals in such organisations. For example the US spied on the members of the United Nations Security Council leading up to the 2003 Iraq War, but this was in support of far more powerful public and private diplomatic actions. 

Covert action is not a disruption, it is part of the mode of control, and the ICC is not some independent body being undermined, it is already penetrated through and through. Israeli spying might as well be intrinsic to the organisation. To illustrate what I mean, consider the revelations that Israel used its surveillance to detect incidents that attracted the ICC prosecutors attention and would intercede by announcing its own investigation which then triggers Article 17 of the Rome Statute. This states that cases become inadmissible if the “case is being investigated or prosecuted by a State which has jurisdiction over it”. In theory the ICC could still pursue charges if they feel that charges are not “genuinely” being pursued, but the action required for Israel to compel the ICC to drop a case is far less than any reasonable definition of “genuine”. It is important to note that spying on the ICC may help Israel to fine-tune this control mechanism but it is not a necessary part of the equation. Even if a case has been opened it can easily be closed in this manner. For example, the ICC opened an investigation into UK war crimes in Iraq then stopped it in 2006, began it again due to the UK’s inaction in 2014, but then shut it down again in 2020. The ICC evinced “concerns” but considered that 15 years of apparent prevarication but cited a judgement that “courts do not base their decisions on impulse, intuition and conjecture or on mere sympathy or emotion” (4) – a formulation which is both emphatic and vague enough to be used for almost any occasion. The upshot is that if you openly refuse to do anything about the crimes of your personnel the ICC can act, but if you hire a bunch of people to actively do nothing for decades the accused need never fear. Of course, not all states are accorded the privilege of this effective impunity. For that you need “credibility”, which is generally code for having a pale-skinned citizenry. But that isn’t the only catch that works in the favour of the rich and powerful.

You may ask – why does the government of the UK have jurisdiction over crimes committed by UK personnel in Iraq and not, say, the government of Iraq? Well, the way it works is this: if you invade a country and overthrow its government then you have jurisdiction. This is often framed as a burden of responsibility, but it is quite obviously a useful tool for military aggressors. The Rome Statute was written with complete foreknowledge that this is the case and the intrinsic injustice of it does not seem to bother the ICC at all. That is because, as I will detail more fully later, the ICC is part of a project to atomise International Humanitarian Law such that powerful states have full impunity, their officials and personnel have de facto impunity, and officials of weak states are often subject to a credible threat of prosecution at the behest of European powers or even the US (which openly calls for the ICC prosecutions such as that of Uhuru Kenyatta despite not being party to the Rome Statute). 

So why does Israel have jurisdiction over crimes committed in occupied territories that no other state recognises as being part of its sovereign territory? Why? Because it is the occupier and as such it bears the weighty and burdensome responsibility to investigate whenever it feels that its personnel may have done something bad. Thus when video footage emerges of Israeli personnel torturing prisoners, Mark Miller is smirkingly content to repeat ad nauseum that these serious concerns must be investigated by Israel and the IDF. Hence we get the phenomenon that we untrained people view as the perpetrator (Israel) investigating itself and finding itself innocent of all charges (5). But in this model Israel itself is never under a cloud of suspicion. The very nature of a criminal proceeding is to select certain individuals as suspects (they cherry-pick bad apples, if you will allow me to mix fruit into an unappetising salad). By necessary implication the state and the society carrying out the prosecution are exculpated and the judicial system itself is affirmed in its Godlike impartiality and Popelike infallibility (6).  

Moreover, whether the country is Israel, the US or any “civilised” Western nation, this conception of individual criminality is a goose laying golden exceptionalist eggs. Such proceedings will always affirm the fundamental righteous nature of a society that is not affected by the injustices it perpetrates as a matter of unremitting habit. The message is something like Bernie Sanders’ constant refrain of: Netanyahu bad/Israel good. (The rigorous underlying reasoning is that bad is bad and good is good – which is pretty airtight). All the bad things Israelis do are exceptions, all the good things are the true intrinsic nature of the real Israel. Most readers will have come across this form of apologism being applied to the USA (where many people seem to feel that true America was in the era when President Bartlett was in the White House). It should be plain that singling out individual criminal perpetrators bolsters this ideology.

Criminal Punition vs. Justice 

In case it isn’t obvious I am highly skeptical in general of the redemptive power of the criminal justice system. It is an overwhelmingly negative institution much like aforementioned harmful medical practices of the past that only added to the patients’ ill-health but were held to be necessary because doing nothing was unacceptable. As with economic austerity, there is a false dichotomy (often used in bad faith) between doing the demonstrably harmful thing, in this case mass incarceration, and doing nothing. That said, though, it is also clear that impunity is tantamount to endorsement. Impunity, however, can be viewed outside of the narrow lens of contemporary criminal justice. As things stand, even if the powerful are convicted of crimes they may serve a carceral sentence and still resume their over-sized, over-privileged, over-loud role in society. In social terms this is a more important and problematic form of impunity. I am not saying that there is no point or no hope in trying to apply international law, but there is no constructive role for criminal prosecutions in our current international system.

For that reason I also want to assert that the ICC and the ICJ are not twinned, nor equivalent, nor even complementary institutions. The ICC can only ever be a tool of the oppressor against the oppressed. By the same token those who simply dismiss international law altogether are doing a great disservice to the present and the future. It is a rigged game, but choosing not to play simply gives Western governments carte blanche to commit genocide. Nor is it ethically acceptable to simply play the game as if it is not rigged. That is a form of collaboration and that is what the elite of the human rights establishment are – collaborators in the genocide. The only way forward is to know the game is rigged, to urgently exploit every loophole and ultimately to force the rules to be rewritten by relentlessly and painstakingly exposing every internal contradiction. 

If you want a fast and telling way to distinguish between the nature of the ICJ and the ICC I would suggest contrasting the moment when South African lawyer Adila Hassim fights back tears when discussing the children who have been killed in Gaza with the moment when Karim Khan declared: “Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness.” In the former case you have someone overcome with emotion while presenting sound well-backed evidence in support of a reasoned argument. In the other you have a prosecutor deliberately evoking personal subjectivity and using emotive language in a tendentious manner. The very fact that the ICC is holding one of these publicity-oriented announcements (akin to those of District Attorneys in the USA) shows what a circus this is. This is a political process.

The Jester’s Court

Indeed, Karim Khan is a politician. After announcing the application for warrants he claimed that a “senior leader” told him: “This court is built for Africa and for thugs like Putin.” That is political talk that does not address the court’s actual record and does not name this clearly fictional senior leader. He is using a rhetorical trick to embed the notions that the ICC is apolitical and that the charges against Netanyahu and Gallant demonstrate the truth of this. He thus avoids exciting the curiosity of the ignorant. If he had said “This charge demonstrates that the ICC is not just a court for Africa and thugs like Putin” it would have raised some people’s interest. It would give a hint that there is a history to be uncovered, and it takes mere minutes to discover that in reality the ICC has a wholly abominable record that only seems to have worsened under Khan.

Khan was the desired choice for the job of ICC prosecutor by the US and Israel. Under his tenure the ICC immediately resumed paused investigations into crimes committed by the Taliban but ended investigations into US crimes in Afghanistan, as well as dropping another investigation into abduction, torture and murder at US black sites in countries such as Poland. Khan’s office has also charged Vladimir Putin with the unlawful transfer of children from Ukraine to Russia. The fact that they did not charge Putin with committing acts of aggression is also intriguing and I will return to that issue later. 

The ICC seeking warrants against Israeli leaders may arguably be “historic” but that is not the same thing as being positive. The very nature of this process has been one in which people’s expectations are used against them. It seems logical that the pressure of truth and activism will cause institutions to move towards justice over time, in conformance with Martin Luther King Jr.’s observation that “The arc of the moral universe is long, but it bends toward justice” (7). In the general sense I agree with this sentiment, but on the level of individual institutions it is just not true. The ICC is by nature a giant exercise in subverting justice, and a development may be both “historic” and inimical to progress. No news from them is good news.

There are some notable exceptions to the reflexive celebration of this ICC development. Justin Podur of the Anti-Empire Project (who has previous excoriated the “Imperial Criminal Court”) celebrates only the fact that it may signify the “controlled demolition” of the ICC. Ali Abunimah, on the other hand, found the Khan’s applications to be both “historic and cynical”. The “historic” part, though, is the widely accepted notion that somehow these acts break with past practice and thus move a step closer to ending Israel’s de facto impunity by symbolically repudiating the absolute impunity it has enjoyed at all levels. This is a total misreading of the situation. It falsely assumes that the actions of the ICC are somehow distinct from the apparently inimical reactions of the US, the UK, and Israel. In reality it is all a farcical puppet show. The ICC dragging its feet and agonising for years is a sign that growing pressure is forcing change. The latest move is a way of capturing that pressure, that energy and effort, and subverting it into a project that actually reinforces Israeli impunity.

Many years ago I wrote that the ICC was “Br’er Bibi’s Briar Patch”. I was trying to show that Israel’s histrionic protestations about the ICC were in fact bait to lure people into empowering the ICC to act, fully knowing that it can do nothing to affect Zionist Israel’s occupation and colonisation but can be a powerful tool against Palestinian liberation. It is no coincidence that as the apparition of Palestinian statehood begins to gain substance, the ICC has finally decided to do something, and that something is to file a completely disproportionate lopsided set of indictments. 

Tilted Scales

Contrary to Karim Khan’s rhetoric, the ICC referrals are in practice massively biased against Palestinian interests. Assuming that warrants were to be issued against all five individuals named by the chief prosecutor there could be terrible repercussions for Palestinians, but there will be nothing for Zionists to fear. This remains true even with two of the prospective defendants dead. On the Israel side of the coin, for example, Benjamin Netanyahu can fly to New York at any time in the future and can address the UNGA telling them that their whole organisation is anti-Semitic and that Karim Khan and the judges of the ICC are all Nazis. Nothing is going to happen to him. The US Congress, with bipartisan support, recently invited him for a record-breaking fourth time to address a joint session of Congress in Washington DC. He lied repeatedly, was applauded once every 5 words and given a standing ovation nearly every 2 minutes of his speech (8). It was a display that will hopefully become a shameful lesson on the degeneracy of the terminal stage of the US empire. For now, though, Netanyahu will be able to continue using these platforms to further his propaganda approach of painting all critics of Israel as illegitimate anti-Semites while at the same time making it very clear that he is untouchable.

Lawyer and legal commentator Michael Bradley suggested that even fewer repercussions redound on the named Hamas leaders given that they are already in hiding. He seemed quite unbothered by the repercussions of this, quipping “they already live as shadows and their liberty is only likely to end if and when Israel locates and drops a missile on them.” Firstly, I would like to point out that living “as shadows” is not really liberty. Secondly, it would have meant that a figure like Ismail Haniyeh, who lived openly in Qatar not in the shadows, could have been permanently delegitimised. He was killed by Israel not despite, but because, he was a central and almost irreplaceable part of ceasefire negotiations. If a warrant had been issued against him it might have achieved a similar effect in making it impossible for him to continue as a negotiator. Moreover, there was already US pressure on Qatar to expel Hamas which would dramatically increase their already profound diplomatic isolation.

You may wonder why that matters, but whether we agree with Haniyeh and Hamas or not this act sought to silence a significant voice and peace will be hard to find if we do not listen to all sides. It also obliges the Palestinian Authority to take action to pursue Yahya Sinwar, who is now far more crucial. So the Palestinian Authority will be under pressure to try to hunt down Hamas leaders. Bear in mind that the PA is run by Fatah and even if one believes that Fatah have never had much choice in the matter, they are literally collaborators with the Zionist regime. At the moment this is a moot point, but imagine the damage to the Palestinian cause if the collaborationist regime (woefully unpopular with Palestinians) is obliged to assist in the apprehension of the more popular resistance leaders of Hamas.

It is important to note that these indictments are highly biased against Sinwar, Deif, and especially Haniyeh. The “reasonable” claims against the Hamas leaders seem on the face of matters to strain credulity in most or all respects. In Orwellian fashion Khan states “…if we do not demonstrate our willingness to apply the law equally, if it is seen as being applied selectively, we will be creating the conditions for its collapse.” A cynic would say that Khan’s masters have most of the world’s weapons and commit most of the world war crimes and crimes against humanity so they might not be entirely unhappy if the collapse of their Imperialist court brings down the general collapse of international law. That cynic would be correct.

The fact is that the ICC charges resistance leaders for crimes committed during a legal act of armed resistance per se. This is all occurring in a context of illegal occupation, a genocide that is widely recognised as such by genocide scholars, and vastly disproportionate casualties from acts by the occupier that are far more susceptible to accusations of criminality. Those circumstances lend a lot of credibility to a senior Hamas official saying that the ICC “equates the victim with the executioner” (the official might have yet more credibility if Hamas were not such enthusiasts for carrying out the death penalty). 

The one charge under which the prosecutors may have firm ground is that of hostage-taking of civilians. That aspect of the Al Aqsa Deluge operation seems inevitably premeditated and is in contravention of so many articles of International Humanitarian Law conventions (including the 1979 International Convention against the Taking of Hostages) that I cannot list them here. Meanwhile, though, there is no talk of charging Israeli officials with hostage-taking even though they clearly take far more hostages. 

I am not going to comment much about claims of sexual violence except to relay Ali Abunimah’s observation that Khan is not pursuing charges over the highly politicised claims of sexual violence on October 7th, but instead charges that there are reasonable grounds to suspect sexual violence carried out against hostages held by militants and that there are also reasonable grounds to suspect criminal culpability on the part of Sinwar, Deif and Haniyeh. This is highly dubious as one would not reasonably expect any evidence connecting these people to such crimes (if they have taken place) until prosecutors have far better access to evidence than they currently have. I believe that this charge is laid in order to further the campaign of using accusations of sexual violence against Palestinians in order to facilitate the genocide in Gaza. 

Controlled Opposition 

In the recent book Deluge, a chapter entitled “Nothing Fails Like Success: Hamas and the Gaza Explosion” by Khaled Hroub reminds readers that Hamas has sought at every turn since 2006 to try to become a “legitimate peace partner”, making overtures to Fatah, Israel and the international community. They had been democratically elected as the government of the Palestinian Territories (as much to their surprise as anyone else’s) and they tried desperately to pivot accordingly, signalling that they would accept a two-state solution. The US and Israel did not want that. They wanted a villain so they made sure they had one. They also wanted to divide the Palestinians politically. Netanyahu facilitated billions of dollars of payments to Hamas to weaken the PA and to convince Israelis that there was no practical “peace partner” with whom they could negotiate.

The PA, led by Fatah, have been no less moulded to serve Zionist purposes than Hamas. By any measure they are a collaborator regime. They have no democratic mandate and a very thin base of support among the people. They are dependent on the enemies of their own people. From an imperialist perspective that makes them perfect. If history books were less circumspect and biased we would all be very familiar with the pattern. Syngman Rhee, a Christian who had not set foot in Korea for decades, was picked by the US to lead the Buddhist majority of Republic of [South] Korea. Soon after the genocidal bloodbath that resulted, the CIA manoeuvred to make Christian and WWII Japanese collaborator Ngo Dinh Diem leader of the Buddhist majority Republic of [South] Vietnam, leading to another genocidal bloodbath. Years later after invading Iraq the US would try to impose Ahmed Chalabi, who had no legitimacy or popular base outside of the DC beltway, as their puppet. They failed, but undaunted the US still managed to sow division and foment an insurrection in order to create another genocidal bloodbath.

Many collaborator regimes in the history of the US empire illustrate the interplay between being in conflict with one’s own population and being a military dependency of the empire. From Colombia, to Egypt, to the Philippines, to post-coup Iran, regimes that are inimical to the interests of their own people (often ironically referred to as “nationalists”) become enslaved to US masters. They might be military dictatorships (usually US-trained officers) or civilian governments who mask a turnkey Junta of officers who will step in if the civilian government strays too far from the designated path. These governments are advised to crack down violently on “terrorists” leading to increasing popular antipathy and (ideally) insurgency. Simply put, the leaders become enmeshed in an enterprise of criminality and conflict that ensures that they need US arms to prevent a popular or guerilla movement from taking over and taking vengeance upon them. This is the role chosen for the PA, for Fatah, and for the PLO. Whatever their numerous flaws and shortcomings, it would be naive and unjust to pretend that they have a lot of choice in this matter.

I have to emphasise here the extraordinary disparity of power between the Palestinian people and Israel acting with the backing of the US empire. The staunch resistance of the people themselves is undeniably effective, but it is impossible for any organised political faction to function as a representative of those people. In reality Palestinians are an impoverished stateless people facing a high-tech society with the 6th largest military in the world and an open-ended ad lib intervention by the US, the most powerful state in human history. Overt organisation can only be done at the sufferance of these powers, and without overt organisation there is no infrastructure. The PA cannot collect its own taxes, even Hamas was propped up financially by Israel, and UNRWA (effectively a third governing body) cannot function if Israel chooses to cut it off. I am not saying that things are hopeless, but we cannot afford to be unrealistic nor shy away from the unpalatable truth of Palestinian dependence on all of us to break the chains that bind them.

What the Palestinians face is not just the hostility of the top Zionist powers (i.e. Israel, the US, and the UK) it is the hostility of virtually every government in the world, including those who profess to support the Palestinian cause. Not only that, virtually every NGO in the world is also biased against Palestinians, even if they are vocal in condemning Israel’s crimes. I say that because very few pass up any opportunity to condemn armed Palestinians militants and Hamas in order to show that they are even-handed. In terms of political discourse the problems with this approach are manifold. The ideology of context-blind “even-handed” treatments of the oppressor and the oppressed is far too profound and pervasive for me to deal with here other than to say that it is essential in keeping alive Israel apologism when the world can see its inexcusable atrocities laid bare. More specifically, though, the delegitimisation of Hamas serves to ensure that no effective resistance will ever be accepted and that Palestinians will remain trapped between collaborator factions who help Israel commit a slow genocide of creeping annexation, and “terrorist” factions whose existence provides the pretext for Israel to accelerate the genocide with acts of mass slaughter.

Prosecuting the Victims

It is valid and legitimate to disagree with the violent acts of militants on October 7th but it is not legitimate to condemn the factions themselves nor their cause. It was wrong to condemn slavery abolitionists and suffragettes when atrocities were committed in their cause. It was wrong to condemn the “terrorist” African National Congress when their armed wing killed civilians. More to the point, it was wrong of the Germans in World War II to condemn partisan “terrorists” fighting it’s occupation. In fact, after the War it was long taken for granted that no crimes committed by resistance forces (no matter how grave and atrocious) would be prosecuted. To the best of my knowledge this was an inviolable unwritten rule until 2006 when Lithuania first sought to prosecute partisans, including Jewish partisans, for “genocide” among other crimes. It is a joke, but not a funny one – much like charging Palestinian resistance leaders in the midst of the daily slaughter of the genocide in Gaza.

Historian Benny Morris recently stated that while Israel may commit war crimes in its Gaza operations, Hamas’s October 7th attack was itself a war crime. Mehdi Hasan rather unforgivably let this pass unchallenged, but it is a complete inversion of the truth. Hamas committed war crimes during a legal act of armed resistance, Israel’s response is in all respects criminal by nature. The occupier does not have a right to use arms in self-defence against the occupied. Armed Palestinian factions have a clear legal right to use armed force to resist occupation and it is not legitimate to treat those crimes that occur during armed resistance as if equal in gravity to acts of armed violence that are illegal as such. By this I refer to acts of aggression and genocide. In these cases atrocities are not extrinsic to the purpose of the armed violence, they are of its essence.  Genocide in particular, even when not aimed at total extermination or expulsion, aims its violence at the target population as such, rather than at armed forces. In genocide the means and ends of the perpetrator are the same thing – to bring harm and destruction to the target group. A group like Hamas may commit atrocities in pursuit of its aims, but in the Gaza holocaust Israel’s atrocities are the aim. 

In any true “rules-based international order” Hamas would have been recognised internationally once it was elected and, as long as the occupation continues, it should have retained recognition as a legitimate political party regardless of any actions by its personnel. Instead, in topsy-turvy fashion, we accord that treatment to Israel’s political parties when the entire regime is fully committed to occupation, apartheid, annexation and genocide. At the same time the progressive countries in the international community show their support for Palestine by treating Fatah-controlled PA as the legitimate government. 

The PA’s international legitimacy has become a fait accompli, but it is still horribly problematic while it has no democratic mandate. President Mahmoud Abbas dissolved the Hamas-led parliament in 2007 and declared a state of emergency and there have been no elections since. Polls show that  Fatah enjoys little democratic support. The more jealously they guard their prerogatives as the one legitimate representative of the Palestinian people, the less moral and domestic legitimacy they have. Recently Hamas, Fatah and twelve other Palestinian factions signed a unity agreement but it is going to be hard to implement if there isn’t a wide international acceptance of the legitimacy of groups like Hamas that engage in armed resistance. Failing this there will predictably be a withholding of funds, aid, recognition, diplomatic ties and more until any resultant governing body cuts loose those factions deemed unacceptable, leaving the Palestinian people divided and weak.

Multiple countries recognising and supporting the PA may seem like a step forward, and is in some ways, but as the party controlling the PA has become more unpopular and more collaborationist and increasingly perceived as corrupt, the logic becomes akin to ostentatiously supporting the collaborator Quisling regime to show that you don’t like the Nazi occupation of Norway (while agreeing with Germany that the government-in-exile supports terror and needs to be sanctioned). To be very clear, I am not claiming a moral equivalence between Quisling and Abbas, but I am claiming that level of moral and intellectual bankruptcy among the international community.

So the ICC charges occur in the context of a political division among Palestinians crafted by Israel, the US and the UK to weaken and dominate the people while compromising their leaders. In this system the PA is trapped by its pursuit of international legitimacy, because that seems like a pathway to Palestinian liberation. If international public opinion is incorporated, the international arena is the only area in which progress seems to be happening towards an end of the agony of the Palestinian people. The problem with that is that they then become beholden and reliant on the governments of the UN nations, and in case anyone has failed to notice during this holocaust, but those governments are all run by scumbags and idiots. These leadershippers are stampeded into action by 40 fictional beheaded babies, and waste inconceivable amounts breath agonising, pontificating and condemning non-existent sexual violence by Palestinians, but they are measured to the point of indolence over thousands of real Palestinian babies being killed and totally uninterested in decades of documented instances of sexual violence and sexual torture of Palestinians abducted by Israel. We live in a world where it is easy to get fired for condemning genocide, but supporting genocide is a canny career move. International legitimacy is another poisoned chalice and that is not going to change until the ruling class start to fear the backlash they face from their own people. Until then the PA, and through them the Palestinian people, are at the mercy of an international misleadership class that can and will sabotage all efforts that challenge the slow genocide.

Not Serious People 

For the record, doing a press conference looking like a panel of proctologists convened to deliver a prognosis of someone with Stage-4 terminal haemorrhoids is not actually a sign of seriousness.

One of the problems with the ICC charges is that, as we have seen, they are taken very seriously by the officials of the world. The ICC should not be taken seriously as they have a very long history of proving themselves unserious. The ICC is a Europe-based mostly Europe-funded court. Europe has a relationship with African that is extractive, parasitical, and neocolonial in nature. African wealth flows very freely to European elites, and various forms of intervention are required to maintain that flow, often by ensuring the corruption of African leaders. Arguably the ICC functions to intervene in just such a manner. All ICC trials and all detained defendants have been African. For example, Jean-Pierre Bemba Gombo was arrested in 2008. He had fled the Democratic Republic of Congo after multiple attempts on his life. He was charged with being responsible for atrocities committed by the MLC militia he sent into the Central African Republic at the request of the CAR government to help quell a coup. The Supreme Court of the CAR found no grounds to lay charges against Bemba or, as the ICC prosecutor saw the matter, there was a “perceived inability of the system to gather evidence….” 

Bemba was in custody for well over two years before his trial even started, and it then took four years before he was convicted. It then took another two years before he was sentenced and thus a further two before his appeal was heard and his convictions overturned. Ten years of incredible expense and a man imprisoned for crimes that, quite predictably, could not be sufficiently proven. I would imagine that the four year trial was devoted to harrowing testimony and complex legal arguments and had very little relating materially to Bemba’s personal culpability. The whole saga, complete with witness tampering on both sides, was a parade of politicisation, corruption and ineptitude that should have seen the ICC’s doors shuttered then and there.

Now, once again, the ICC is pursuing charges against leaders of a non-state armed faction despite the obvious fact that they will never be able to prove the personal culpability of those charged in a fair trial. I don’t support the charges against Netanyahu and Gallant either because they are tokenistic distractions from the criminal guilt of the state of Israel, but at least it is theoretically believable that a criminal case could be built against them. In charging Sinwar, Deif and Haniyeh the ICC is doing what it really seems to have been designed for – attacking those inconvenient to Western imperialists and forcing their compatriots to turn on them. It is a divide and rule tactic, among other things. Worse still, it is a precedent. The ICC can repeat this process of both-sidesing any future Israeli pogrom (9) so that any resistance leader can be taken out of the equation by similar allegations.

The charges against Hamas leaders will be a whip for the backs of the PA, Palestinian civil society, and the Palestinian people. Hopefully none will choose to collaborate in furtherance of these charges, because whether they do or do not their real or imagined unwillingness to comply will be used to delegitimise them. It is likely (if the past is anything to go by) that these charges will be exploited to accuse Palestinians of non-compliance. Once that is mooted all of the professionals (who in their hearts may know that there is no commensurability between Israeli and Palestinian crimes) will trip over themselves to be the first to go on camera to show their even-handed credibility by condemning Palestinians like the pampered poodles that they are. 

For decades an international humanitarian reporting and condemning machine has sought again and again to create space for criticising Israel by showing its willingness to criticise Palestinians. To do so they have had to be wildly disproportionate in terms of gravity and scale so as to deliberately create a spurious sense of parity, because apparently that is needed to show that they take the crimes of both sides seriously. They do so with no regard for the politics of power that they are responding to. They have to assuage the political realities on one hand, but on the other they loudly avow that they cannot allow considerations of the political ramifications of their politically motivated bias to sway them away from “impartiality”. This isn’t justice being blind it is justice being blind-drunk and wilfully bigoted. To add insult, this is all enacted with the utmost unbearable pomposity.

Fake Justice, No Peace

The reader may have noticed a smidgen of contempt on my part for the champions of “justice” who seek to preserve human rights through the salutary prosecution of criminal malefactors. I have compared the way people think about the prosecution of criminals to mediaeval superstition, but really it is much deeper than that. It is a set of ingrained assumptions concreted in place by a very personal sense of ideology. It is religion. People find their purpose in it and they are not inclined to listen to those who would trash their vocation and sense of moral identity with mere facts and reason. 

The holier-than-thou antics of the “genocide prevention” professionals, for example, are particularly galling. Every major US military intervention since 1950 has been genocidal in nature and it has supported genocides in East Pakistan (now Bangladesh), East Timor, West Papua, Western Sahara, Guatemala, Argentina and other places. The US has directly or indirectly been a culpable party to most of the deaths that have occurred from acts of genocide since World War II. I would say at least two-thirds of genocidal violence since WWII has been attributable to the US or its clients. That does not even account for structural genocide. Structural genocide is what it sounds like – structural violence that is genocidal in nature. Structural violence used with the intent of undermining a people or nation’s wellbeing and development in order to subjugate that people or nation and/or gain economic access to resources in neocolonial fashion is genocidal by nature. The USA has used military intervention, sponsored coups, covert action, propaganda, economic pressure and diplomatic pressure to enforce  “Washington Consensus” rules of neoliberal economics that are linked to tens of millions of deaths through malnutrition and preventable disease. 

The United States of America is easily the most genocidal state currently in existence, and by some measures is the most genocidal regime in human history (with the obvious caveat that Germany and Japan committed genocidal violence at a far higher rate during WWII). The entire international apparatus of “genocide prevention” has arisen in this context, but all it has done until recently is to make it easily for the greatest perpetrator of genocide to commit further genocide. This is not merely by whitewashing the genocidal superpower, but also by turning accusations of genocide into a political tool for demonising enemies of the genocidal empire. 

The entire discourse of “genocide prevention” has wilfully ignored the genocidal empire and, I would argue, the inherently collective guilt that is intrinsic to genocide. It has focused on the demonic criminal figure. A key text is Samantha Power’s A Problem from Hell which quite deliberately evokes demonic evil in its very title. For anyone who has looked beyond the sanitised and grossly understated (in both numerical and qualitative terms) Western accounts US interventions it is a stomach-churning book to read. It frames the US as being too unresponsive to genocides. Some people believed that in receiving a prize from Henry Kissinger she had moved away from her human rights background when she used to criticise him, but some criticisms are so weak and minimising that they are obvious apologetics. Her critique of Kissinger over Cambodia/Kampuchea, for example, is that he had no credibility to criticise the “genocide” (10) there because he “had bloodied Cambodia and blackened his own reputation.” In reality Kissinger may have slaughtered as many Cambodians as Pol Pot did (11). Moreover, the Khmer Rouge would never have taken the country if not for the calculatedly genocidal nature of the violence and displacement created at Kissinger’s behest (12).

Power’s central thesis that the US needs to intervene more is frankly nauseating and the idea that she ever cared deeply about human rights seems highly unlikely. Humanitarian interventionists like Power, Clinton, Susan Rice, Nossel, Albright and so forth are simply neocons gendered as being female. If you think that is an exaggeration, please tell me what actual difference there is between the politics of leading neocon Robert Kagan and his humanitarian interventionist wife Victoria Nuland. The policies and ideology in international relations of humanitarian interventionists and neocons are identical – and foreign policy is what they really care about. They are imperialists first and foremost.  Writer David Rieff once even said to Power that her rhetoric on Libya was like that of neocon rhetoric about Iraq: “She said, jokingly, ‘I am not Paul Wolfowitz,’ and I said, ‘Yeah, actually, I think you are’”(13).

Whether the rhetoric is of the “indispensable nation” or the “responsibility to protect”, supporters of either slogan are simply creating pretexts for imperialist violence. Fortunately for these would-be overlords, the world’s population of politicians, journalists and academics boast no small portion of idiots in their number. They are happy to accept that those who napalm villages in Indochina, train death squads in El Salvador, back mass slaughter in Indonesia, torture people to death in Bagram,…(14) …are somehow moved by the highest sentiments to sacrifice national blood-and-treasure to make the world a better place. That is a key tenet of imperial apologetics, but that is far from the only problematic aspect of humanitarian interventionist discourse such as one finds in Power’s A Problem from Hell. It also replicates the politics of demonisation that is central to the art of modern warmongery (15).

Real Bad Hombres

Power’s A Problem From Hell frames mass atrocities as products of demonic individuals, not by making an argument that that is the case but by emotive appeal to existing prejudices. This suits the religion of criminal justice mentioned above, but also serves to help the very powerful commit the crimes they condemn in those weaker than they. The belief in the rectifying powers of criminal prosecutions originated in overt religion, evolved to become a tool of social domination through class and/or racial hierarchy, and is now fed like soma directly into the brains of the unwitting through the medium of copaganda shows and their prosecutorial spin-offs. The ideology of genocide prevention through deterrence is woefully weak for lack of evidence and reasoning, but I think that even that lame and vacuous justification hides an even emptier reality. People want to get the bad guy and lock them up because when something bad has happened they want closure – a self-inflicted “need” that afflicts the privileged. They want resolution. They want the credits to roll because their life experience is that injustice is a temporary departure from a norm of the world treating them fairly. The way they act, therefore, is not dissimilar to the behaviour that one would expect if convicting a murderer actually brought their victims back from death. 

Some people also view retribution as desirable, either because they think that malefactors should suffer or they have a belief in reciprocity and/or “accountability”. These are all personal and ideological beliefs. I won’t spend the time making a long argument against the applicability of these intangible desires in any true form of justice. Instead I will note that instances of war crimes and crimes against humanity may have hundreds, thousands, or hundreds of thousands of lives at stake. What matters here is not crime, it is human existence and human suffering. There are real instances when the choice of indulging the desire to “see justice served” may come at the cost of peace. If we set slogans and cliches aside, losing peace means deaths, grief, suffering, fear and trauma. In these circumstances it is completely reprehensible to elevate these abstracts at the expense of real people. 

It is understandable if survivors and those bereaved by such crimes want whatever solace can be provided by knowing that someone responsible has been judged and punished, however inadequate that punishment must inevitably feel. However, those who take up the cause of those victims with passion and pathos are nothing but posers. None of them seem to have the same righteous determination when it comes to US presidents, whose victims invariably outnumber those of all ICC defendants, often by multiple orders of magnitude. 

Notwithstanding that a form of psychological peace might be purchased for some victims, it should never be obtained at the cost of actual peace and the creation of more victims. In its current form “international criminal justice” is a political tool of the greatest criminals and they have no concern if they create a massive disincentive to those who might make peace or relinquish power. After all, why would a warlord ever agree to lay down arms and step aside from power if they knew that only the guns and the power stood between them and ritual humiliation and a life in a foreign prison where they will die without ever seeing their loved ones again? Charles Taylor, former President of Liberia, voluntarily relinquished power and went into exile under an agreement providing immunity. It is argued that he broke the conditions of his immunity, which may well be true, but his fate is likely to deter others from making peace far more than it deters them from committing war crimes.

The Charles Taylor Case

For some what happened to Charles Taylor might act as a deterrent to future would-be warlords, but that is hard to believe. The deterrence value of judicial punishments has never been as strongly evidenced as believers in general deterrence would like. Moreover, data suggest that of the three parameters thought to affect deterrence, certainty and celerity (swiftness) are highly important while severity is less so. International courts, ad hoc or otherwise, have demonstrated very clearly that they cannot provide certainty or celerity. Taylor’s trial, for instance, lasted 5 years. Theories of general deterrence also rely on rational choice theory, which has many limitations and caveats. A burglar might weigh risks, but many crimes do not accord well with rational choice theory. A rational person in charge of armed forces is very likely to conclude that the success or failure of their forces is infinitely more important than a possible criminal conviction in the hazily distant future.

Charles Taylor was a big fish for lovers of “international justice”. The Sierra Leone Civil War in which he intervened was a source of “blood diamonds”, and Taylor himself was the inspiration for warlord André Baptiste in the film Lord of War. He was literally a Hollywood villain. His victims arguably number in the thousands. Yet, as Taylor’s trial started the numbers of dead from the illegal invasion and occupation of Iraq already stood at many hundreds of thousands and would surpass a million before his conviction (16). The people who died in Iraq suffered as much, were mourned as much, deserved to live as much as those who died in Sierra Leone and their numbers weigh far more heavily. The complete historic absence of any institutional moves to hold George W. Bush and others criminally accountable for those deaths confirms beyond reasonable doubt that international criminal proceedings have everything to do with power and may at best be considered incidentally involved with justice. 

The clear lesson of the 30 year-long tradition of international criminal proceedings that began with the ICTY is that security comes from power. Far from providing deterrence for committing crimes, these proceedings incentivise any action, including criminal violence, that preserves the political and military power of any prospective defendant. 

There is also more of a cloud hanging over the conviction of Charles Taylor than one might believe from perusing the internet. It is well-suppressed and hidden in the interwebs, but if you know where to look you will find that one of the judges on the case, Justice El Hadji Malick Sow, thought Taylor should have “walked free”. It is well worth reading this interview with him, but I will try to summarise. Sow was an alternate judge on the case, but was there throughout. He acted as main judge whenever one of the others was absent. He seems to imply that he was more diligent than the other judges. He argues that he was supposed to become a main judge once one of the other judges began serving on the ICJ. He wrote a dissent and action was taken against him for doing so. His account is entirely consistent with that of someone not playing along with a politically determined process. 

The problem with the Taylor case seems reminiscent of that of the Bemba case in that one cannot realistically expect a distant leader to create enough evidence to convict them of crimes committed by armed forces far removed from their presence. A criminal court seems utterly inappropriate for these cases as convictions are only likely to come in most instances through subversion of the judicial processes. In addition I think one could rightly ask whether the length of these trials actually works against clarity. 

Waging a War of Aggression

There is one international crime that is far easier to prove, or would be if anyone actually prosecuted it. It is a crime undertaken by leaders directly, not one that requires proof of intentionality or wilfulness on a given leader’s part for actions taken by subordinates. That is the crime of waging a war of aggression. In 1946 the judgement of the International Military Tribunal at Nuremburg stated “To initiate a war of aggression, therefore, 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.” The Nuremburg Principles and the UN Charter are completely consistent with this idea. When the UNGA approved a definition of aggression in 1974 the Resolution affirmed that “aggression is the most serious and dangerous form of the illegal use of force….” 

Reading the definition of aggression it is pretty hard to see how US leaders would defend against such accusations in innumerable instances. With major aggressions such as Indochina, Afghanistan, Iraq and Libya the US has constructed circumstances whereby it can claim a legal defence of acting at the invitation of local authorities or under the authorisation of the UNSC. I don’t think that these defences would mean much in court as their pretextual nature is pretty easily established. These excuses are merely propaganda points used to explain US impunity, and they provide the pretext for prosecutorial inaction as much as for acts of aggression. 

In cases where the US commits acts of aggression on a smaller scale it is hard to see any legal reason why their leaders were not prosecuted. For example, in 1989 the US invaded Panama in “Operation Just Cause” (17). They killed around 4000 people, and there is no defence for their actions in international law. The UN definition of aggression is broad enough that the US has literally dozens of cases to answer for. All US Presidents and many cabinet members seem eminently indictable. 

The international criminal justice industry has been very coy about the whole issue of waging a war of aggression. Originally the Rome Statute did not even include aggression among its enumerated international crimes. Now the statute addresses what one scholar refers to as “mere acts of aggression”. The cute trick here is to take the acts which were established from 1946 to 1974 as being a constitutive of waging a war of aggression and turn them from the acts of an entity committing the “supreme international crime” into an entirely new lesser form of crime. The customary International Humanitarian Law is perfectly clear, but it is equally clear that while invading other people’s countries is definitely frowned upon by the ICC, they aren’t going to suggest that the US is guilty of anything beyond an occasional legal peccadillo (or a tragic and clearly unintended miscalculation if the fatalities rise to six figures). 

4000 dead people is merely a micro-aggression. Equally having forces in Syria attacking the government of the country for ten years (after initially justifying their intervention as being aimed at ISIS) isn’t even newsworthy enough to warrant creating an excuse. After all, if you are going to treat each act of aggression as a literal act of aggression it would make running a massive interventionist military empire that kills foreign nationals every hour of every day into some sort of criminal enterprise. That sort of thinking leads to consequences that cannot be entertained by serious figures on the world stage.

The beauty of doublethink is that you feel no cognitive dissonance. There is no part of the individual or collective consciousness that says, “hey, wait a second….” As such it should surprise no reader that there is a massive exception to the refusal to entertain the possibility of treating the crime of waging a war of aggression as an actual crime. Can you guess the exception? It is not an African exception this time, perhaps because the powers that be really don’t want to draw any more attention to Paul Kagame than that which he is quietly accumulating at the moment (18). In this case the exception is unsurprisingly made for Russia and Putin. There is a proposal to institute a special tribunal to prosecute the Russian crime of aggression. Remember how the ICC was supposed to inaugurate an end to the vagaries of ad hoc tribunals? You might, but the people behind this are more loyal to the present moment because they don’t betray today with reference to yesterday and the impurities of context. The tribunal is supported by NATO and a bunch of EU institutions. In the end, though, it is so on-the-nose that, despite not being known for subtlety in double-standards, I think that even the Western chauvinists referred to as “the international community” may resile from such obvious rank hypocrisy.

Jus in Bello, Jus ad Bellum

As well as atomising and diminishing the “supreme international crime” as “mere acts of aggression”, the ICC is part of a broader politicised juridical tendency to abandon, obfuscate and mystify questions of the legality of a given conflict and instead focus attention on the legality of actions within the war. This neatly allows the most powerful states to deploy the age-old propaganda weapon of civilisation versus barbarism. As we all know (in our guts) acts of brutality are carried out by barbarians, therefore the war crimes of this sort are the province of illiterate former child-soldiers with poor socialisation and a surfeit of melanin. 

Crimes carried out within war are the province of “jus in bello” or legality/justice during war. The origin and nature of the conflict itself is the province of “jus ad bellum” which addresses the legality of the war itself. Jus in bello concerns play into the Western propaganda and the politicisation of the justice system to effectively blame and punish the victims of aggression. As we have seen already with the case of the ICC regarding UK war crimes in Iraq, this form of criminal justice is even more easily corrupted by money than normal criminal law. Further, as I will illustrate below, the right which powerful countries can exert to prosecute their own personnel (which stems from their own aggression) leads to obvious and abominable perversions of justice. War criminals are never really punished by the US and Israel, and are often made heroes if they face any form of judicial or disciplinary action. As I write Israel has just seen armed rioters (with parliamentarians and government ministers in their number) rioting in support of soldiers charged with torturing a prisoner with gang rape leaving internal injuries.

The erasure of jus ad bellum from the conversation is part of a larger war against context. As we have seen, at the end of World War II it was not the practice to prosecute those who had fought against the aggressors. I think that it would have caused enormous unrest. Is that right or wrong? Is it victor’s justice? There is no question that people did horrible criminal things while fighting against the Axis powers. Obviously history will never entirely replicate those circumstances, but it is worth thinking about why Allied and partisan/resistance personnel were not usually charged by any post-War jurisdiction for war crimes. Firstly, although there were plenty of military tribunals as well as the more famous international proceedings, it was always going to be the case that criminal cases were going to only represent a token percentage of indictable people after an orgy of murder of that scale. How would it have appeared to the public if, say, a resistance fighter were charged with torture and murder while major war criminals were happily working designing US missiles (replacing the many US rocket scientists purged for leftist sentiments with more ideologically sound Nazis); or hunting down communists in Eastern Europe, or developing bacteriological weapons to use against Chinese (allegedly); or teaching torture techniques to secret police in Bolivia. For these people the Nazi war against the tentacles of the “Judeo-Bolshevist menace” never ended (19) and it may have caused more than raised eyebrows if they were rewarded while those who fought against fascism were prosecuted.

The War against Context

The emphasis on jus in bello criminality is a crucial part of that most precious resource of imperialists – selective memory. Imperial violence in general, and the 100-year conflict against Palestinians in particular, require the continued and determined refusal to give a full context to events. The obvious exemplar of this bad faith behaviour is the manner in which the events of October 7 2023 have been treated as if there was no prior history of violence against Palestinians before that date, let alone that there had been a preceding escalation of violence on Israel’s part. 

It is hard to overstate the importance of creating an official truth and an orthodox historiography that can be used to cudgel dissenting voices. The emphasis on discrete criminal acts during conflict is part of a multi-pronged system producing official findings that have a level of internal consistency. The discourse is a thick-skinned organism which bristles with antibodies ready to expel unwanted facts and reality-based quibbles. 

The bureaucratic world is like the journalistic world in that it abhors reason and original thought as being subjective and suspect. Official truth is handed down from on high and bears the stamp of authority. The individual must “reject the evidence of their eyes and ears” as Orwell put it. Who are we mere humans, after all, to form opinions let alone make inferences? Truth comes from mechanistic processes that are objective. If blobs on satellite pictures are said to be the execution grounds or torture chambers or mobile chemical weapons facilities of an enemy it is because “analysis” says so, not a person. 

It is manifestly unjust to treat the crimes of an impoverished militarily weak armed group enacting legal resistance as being commensurable with the crimes of an advanced occupying power with sophisticated policy, rules of engagement, and communications capabilities. For example, the “Goldstone Report” on the violence “Operation Cast Lead” in 2008-9 was headed by a Zionist (chosen to give the report “credibility”(20)) who insisted that its mandate include investigating the crimes of Palestinian militants even though it originated as a reaction to Israel’s prolific violence against civilians in Gaza. The report devoted a considerable chunk of its verbiage to Palestinian crimes which, if weighted by the actual injuries and fatalities (3) they caused, would have been relegated to a paragraph or two. The victims are thus held to a higher standard than the aggressors. Indeed, when Israel kills 3 Palestinian civilians there is never any such close examination of their level of discrimination. Moreover, and more pertinently, by avoiding the jus ad bellum aspect as being outside of their purview (or seemingly that of any mere mortal) they avoid the obvious question: to wit, if Palestinians have the right to armed resistance to occupation and the right to armed self-defence, is it possible to declare their use of the inherently indiscriminate rockets illegal when those rockets are their only significant means of striking Israeli territory? It is all a monstrous sham, but the politics of being able to suggest a parity of illegality between the two parties has been absolutely crucial in blunting and silencing criticisms of Israel and in confusing the public who have no idea that the asserted “crimes” of Gaza-based militias were both miniscule and highly dubious before October 7 2023.

An even more blatant example of the corruption of justice that arises from the decontextualisation of Israeli crimes is the “Palmer Report”. Lead author Geoffrey Palmer (sadly not the actor from The Fall and Rise of Reginald Perrin, but the former Labour Prime Minister of Aotearoa) is widely seen as genteel, genial and honourable. He certainly seems to see himself that way, but on the strength of the Palmer Report I can confidently say that he is better described as a self-satisfied fuckwit. The Palmer Report ruled the Israeli blockade to be legal on the basis that it would not consider whether or not Israel had a right to be taking military action against Gaza (such as blockading it). On the presumption that it was legal to blockade Gaza they found that it was legal to blockade Gaza. Hence my use of the word “fuckwit” as the only appropriate word in my vocabulary. If that seems offensive, just think of the contribution that the Palmer Report made to muddying the waters and furthering the Zionist claims that Israel is not occupying Gaza. Palmer has untold Palestinian blood on his hands but clearly believes his life to have been one of service and philanthropy. What a cunt (21).

The Miracle of Compound Interest

The exclusive focus on jus in bello crimes also facilitates this notion, which I have already touched on repeatedly, that the right people to deal with any alleged crimes are the perpetrators. When aggressors prosecute their own personnel they try to extend impunity as much as possible, but when forced to prosecute will engage in something worse than a failure to act – a different form of show trial where the accused is made into a nationalist martyr, even a hero. We have now seen two riots in Israel over attempts to charge IDF personnel for acts amounting to rape and torture (though I doubt the eventual charges will reflect the gravity of the acts).

The system of prosecuting one’s own war crimes, like many such processes, goes through stages and where it begins may bear little resemblance to where it ends. It is the inverse of the way criminal justice works for the underprivileged. Consider the case of a working-class Māori in Aotearoa. From birth they are more monitored by state institutions, often in the name of “welfare”. At school they are subject to individual and collective prejudices. In the community they are subject to greater levels of police surveillance. All of this adds up to a much higher likelihood that any prosecutable behaviour will be detected. Studies show that once detected such behaviour is more likely to be charged than with other ethnic groups and that charges are, on average, more serious than those laid for identical behaviour by individuals of other ethnic groups. The Māori individual is more likely to be convicted than peers of other ethnicities and will attract on average a more severe sentence. This is the miracle of compound interest at work, with compounding inequity building and building to the point where 15% of the general population constitute 50% of prison population.

The miracle of compound interest works in the same manner for the privileged, but inverted. Crimes of the privileged (such as drug crimes) often attract no attention from the state at all. The same is true of war crimes. Consider US war crimes in Viet Nam. The Russell Tribunal (the most significant impartial body to consider these issues) found the US guilty of all counts that it considered – including genocide and waging a war of aggression. This means that every single death in the war at US hands, of which there were millions, was a war crime. In considering criminality, though, the US inverted the gravity and lethality of types of armed violence so as to only prosecute those at lower ranks who commit murders with small arms while ignoring the larger mass murders committed with air or ground artillery and largely ignoring those committed from vehicles such as boats and helicopters. Officers who order villages incinerated from the sky need fear no repercussions. The mass graves of the Hue massacre are held up by US supporters as the prime exemplar of a Communist massacre in the South, but we now understand that only 10-30% of the bodies found were killed by PLAF/PAVN forces that occupied the city, while 70-90% were killed by the intense shelling the US leashed on the urban area. Those victims were just as entitled to live but no one seems to want justice for them. 

In late 1968 the US 9th Army Division began a murderous campaign in the Mekong Delta called Operation Speedy Express featuring indiscriminate mass firepower (particularly from boats and helicopters). A whistle-blower described it as “a My Lai each month”, but he understated the rate of death as even the US Army estimated conservatively that 5000-7000 civilians were killed in the 5 month operation. The easily identified driving-force behind the death toll was Gen. Julian Ewell. German Generals were hanged by the US military for this crime and Japanese Generals for far less, but Ewell never had any need to fear prosecution.

Individuals of lower ranks who took matters into their own hands were the most likely to face any charges, particularly if they killed alone rather than in units. Grotesquely the US would never charge any crimes as actual war crimes because they were carried out against “friendlies”. These were criminal acts against a putatively allied civilian population. A typical example was PFC Charles Keenan. Convicted of murdering an elderly man and woman he was sentenced to life. After intercession by his local congressional representative (who thought it “impossible that a marine could be charged with premeditated murder while on patrol under orders”) his sentence was reduced to 25 years, then one of the charges was overturned and sentence was reduced to 5 years, then he got clemency and his sentence was reduced to 2 years and 9 months. 

The most famous such prosecution was that of 2nd Lt. William Calley who murdered at least 22 people during the My Lai massacre and tried to kill many more. Hundreds of people were killed in that massacre but only one person, an officer of the lowest rank, was ever convicted. Another officer, Captain Ernest Medina, was charged and acquitted, but no one higher up was prosecuted despite these junior officers having been explicitly instructed to “kill anything that moves”.  Calley was sentenced to life, but would that be particularly satisfying to the people of My Lai given that most of their dead were murdered by other people who faced no charges? While the verdict can have provided little satisfaction, closure, nor effective deterrence against future crimes, it did fuel a backlash. Leaders across the political spectrum from George Wallace to Jimmy Carter expressed outrage over the sentence – the latter encouraged Georgians to drive with their headlamps on for a week in solidarity with Calley. A song in support of Calley sold nearly 2 million records. Calley’s sentence of life with hard labour was commuted to 20 years, then ten years, then, by Richard Nixon himself, finally commuted to 3 years of house arrest. 

Only 14 GI’s were sent to prison for such crimes (referred to as “war crimes” by the Pentagon despite the formality) committed in Indochina. The number is so low that it is reminiscent of a dictator who holds “elections” in which they receive 99.2% of the vote. It is a poor figleaf that in many respects is worse than complete inaction. It signals to potential perpetrators that they are right to dehumanise and victimise enemy civilians (even “friendly” enemies) and that if they overstep the bounds of acceptable behaviour their righteous feelings will be taken into account. It fuels backlash and a self-righteous nationalism that situates barbarism in the essential nature of the victims of actual barbarism.

The ICC is constitutionally obliged to uphold this system. If powerful aggressors choose to make tokenistic, insincere or even subversive performances, the ICC will honour their efforts by granting blanket impunity at the international level.

It’s All Pretty Fucked, Isn’t It?

I hope that this is enough to convince you that the ICC should be abolished, but that is not my purpose in writing this piece. What I really hope to achieve is to stop people from boosting the oppressors’ court and to stop looking in stupid places for solutions that actually advance the cause of justice for Palestine. There is no case for respecting a diversity of approaches when this is an institution that will suck in every joule of energy given to it and use that against the innocent. The ICC will help Israel commit genocide with impunity. The ICC may, and probably will, be used against effective Palestinian leaders, assuring a future of continued misleadership and division. The way to stop it is to monitor the future actions of the court, understanding the traps it lays and explaining that understanding to others. 

At base the ICC has a terrible reputation already, but the public is shielded from this fact by the complacent deference of the amplified class. We must work to end that, starting now.

A Plea for Financial Support

It took me an inordinate amount of time to write this piece. In the course of writing Mohammed Deif and Ismael Haniyeh were killed and it was publicly revealed that William Calley had died earlier. Other events have occurred that occasioned revisions. The slow pace of writing becomes a cause for even more delay. I mention this because I have many other pieces that I feel I should write, including some that I have already begun. I do not need money to survive, but at this urgent hour I am getting desperate for more time to write.

I have been slowly writing very lengthy pieces like this for over a decade now. I have heretofore deliberately avoided all forms of monetisation because I did not want to be trapped by financial considerations into changing my approach. I don’t write for a general audience and I don’t preach to the choir. I try to write things that challenge people who may in all other respects share my political values and causes. If I think it takes 14,000 words to deal with a topic, I write those words and I don’t concern myself with the impact on readership numbers. I no longer fear that monetisation could corrupt me nor change these facts. I do not need a lot to sustain me, but an indication from any readers who appreciate my work enough to pay a few bucks would go a long way towards emboldening me to start more monetisation and cut back on my work hours. My day-job is far less important than this, and they won’t miss me much. I believe that my voice is quite different to the vast bulk of that which is currently available. If you agree please consider giving a little bit of money to my ko-fi account here.

NOTES:

1) I am fairly sure that “leadership” is now a verb. It is completely intransitive, because you don’t leadership people, you just leadership in a Platonic way.

2)Just a little reminder here that when the ICC was inaugurated the US was plunging into a mad era of blatant criminality. They had invaded Afghanistan in an obvious act of aggression, they had created an international system of abduction and torture, their siege of Iraq was estimated to have taken 1 million lives including 500,000 children, and the crimes were accelerating with an invasion of Iraq clearly on the horizon. I mention this because we are continually hypnotised by the miscontextualisation of historic events like this, to the extent that we don’t really appreciate how morally and intellectually bankrupt the ICC’s boosters actually were right from the outset.

3) I want to emphasise here that I am not suggesting that the victims of the Jonestown Massacre were responsible for their own deaths. I do not think that people who fall victim to cults like the Peoples Temple are to be blamed for their fate. More broadly, all humans have the roughly same capacities for committing acts of harm and those acts are the products of circumstance. Part of the thesis of this piece is that our attachment to concepts of individual moral and criminal culpability is a self-serving form of moralism that has nothing to do with justice.

4) In my limited reading of ICC, ICTR and ICTY judgements they seem to be very keen on the rhetorical trick of asserting the absolute necessity of a given stance. Thus any critic tends to be put in the position of arguing against the underlying principle which is always in itself inarguable. In reality, of course, differing principles can be applied with discretion. Sometimes the principle is empirical objectivity, in others it is wise judiciousness. These are contradictory principles, but who can object to either per se?

5) Our knowledgeable and educated superiors have a more profound understanding of the difficulties of bringing charges let alone securing convictions because of the profound legal insights they gained about war crimes by watching Apocalypse Now! and coming to understand the heartrending ambiguities of intentionality in the madhouse of war. 

6) Judicial impartiality and infallibility is one of those many areas of politics and society where a normative theory is treated as an actuality. As far as my observation goes these slippages always occur in such a way as to assert that the exercise of power is undertaken under a just and/or democratic authority. One might argue that the existence of such legitimating norms pushes society in a more just and democratic direction or, to the contrary, that it conceals unjust and undemocratic practices. I think that either may be true, and that in a declining society such our “Western world” these are hollow norms filled with the rot of injustice and violent privilege.

7) Apparently this was not original to King.

8) It is interesting that many people on social media understand that the display of obsequiousness is a significant story in itself, but despite being so unusual it is not considered so by news outlets.

9) By “pogrom” I of course mean “security operation” undertaken because of “Israel’s right to defend itself”

10) In a legal sense the Khmer Rouge regime in Kampuchea cannot be accused of genocide. Their victims were predominantly Khmers. Minorities such as Cham people were no more at risk of death than the majority (ethnic Vietnamese had already fled the country under the persecutions of the previous US client regime). The word “autogenocide” was coined, retrofitting the concept of genocide to suit the emotive politics of the term rather than the law and its original conception. Admittedly the behaviours and ideology of the Khmer Rouge regime intersect with genocidal behaviours and ideology, but so do political and religious persecutions in other non-genocidal contexts. Power’s choice to include the DK autogenocide in a book about genocide has nothing to do with any rigour, and everything to do with the Hollywood disseminated personalisation of the violence. The “killing fields”  resonate still, albeit mostly with boomers who remember the film of that name and its not-quite-white-saviour narrative.

11) As anyone who has read Manufacturing Consent already knows the fatality counts for the autogenocide are a very contested and political topic. What is generally missing is an account of how many died in Kissinger’s war on Cambodia. A Finnish inquiry report estimated that 600,000 died in the US carpet bombing and subsequent starvation and a similar amount under the Khmer Rouge autogenocide. Recent scholarship has suggested that more died at KR hands, but this is still a highly politicised issue despite fading in the public mind. The point stands that Kissinger, who murdered people in many places other than Cambodia, is no less condemnable than Pol Pot.

12) Even more overtly than in Viet Nam, the US did not make much of a pretence of trying to win the “war” they waged in Cambodia. Kissinger waged a campaign of complete destruction and deliberately driving the people from farmlands creating a famine among 2 million refugees in who fled to Phnom Penh. He ordered the USAF to use “anything that flies on anything that moves”. Before even beginning the war Kissinger briefed the ground operations head Col. “Fred” Ladd, telling him, “Don’t even think of victory; just keep it alive.”

13) People like Victoria Nuland and Robert Kagan kind of give the game away. Neoconservatism isn’t really about keeping women in their place and defending patriarchal masculinity. Going right back to Leo Strauss, neoconservatives have viewed traditionalism as a means not an end, and the current crop views culture wars in the same way, being happily able to play both sides of the issue. Often the side these imperialists take in the culture wars is just a reflection of their gender, their general vibe, and/or their equally arbitrary detail of whether they chose the Democratic or Republican Party as vehicles for their political ambitions. 

14)  ….facilitate apartheid in South Africa and Palestine; enjoy warm relations with despots in many repressive regimes such as the monarchy in Saudi Arabia and any number of military dictatorships; teach torture techniques to brutal client regimes such as the Shah’s Iran and Guatemala during its genocide; overthrow sovereign governments in Iran, Iraq, Gautemala, Syria, Chile, Grenada, Indonesia, Viet Nam, Cambodia, Laos, Haiti, the Dominican Republic and many more; back genocide in places like Iraqi Kurdistan, East Timor and Bangladesh; and many other crimes…. 

15) Or is it more of a craft?

16) I do not want to revisit the controversies of the mortality estimates here, but the critiques of the Lancet and ORB studies of mortality have not withstood scrutiny, at least in regards to the overall conclusions. The overall rise in mortality (from a pre-invasion baseline that was already elevated due to deadly sanctions) speaks for itself. The second Lancet (L2) study only confirms this but shows that most of the dead were lost to violence, with small arms fire from occupying forces being the number 1 known cause of death. If you want to read more I summarised the issues in section 1 of this article.

17) Note the potential double meaning if this is called “Operation Just ‘Cause”. I believe that this stems from the same sort of nerd machismo that led neocons to initially label the plan to invade Iraq “Operation Iraqi Liberation”. These are serious deadly events, but we should not forget that those behind these events may be disgusting annoying little shit-stains who wrongly think themselves witty.

18) He has reached the point where the US client figure starts to blame the US in order to garner nationalistic appeal. Afficionados of Cold War history will know that this is often close to the terminal stage in the puppet life-cycle.

19) For rocket scientists who ended up on the other side of the Iron Curtain it may have felt like the war against the tentacles of the “Judeo-Capitalist menace” never ended.

20) A pointless exercise as Zionists, in tellingly fascistic fashion, increasingly explain all unwelcome comments as being the product of a hostile and tainted individual. Richard Goldstone proved to be no exception.

21) Okay, there are two words in my vocabulary that seem to fit Palmer.

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.

Israel’s Big Lie of “Self-Defence”

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An occupier does not have the right to use arms in “self-defence”.

Is the mass slaughter of civilians self-defence? Every person has the right to life and to self-defence, but Israel’s “right to self-defence” is constantly being used to obfuscate the non-defensive nature of it’s military violence in Palestinian territory. Israel’s self-defence is a lie, not just because their actions are not defensive but because Israel cannot legally use its military in self-defence against Palestinians. Let me repeat that, Israel cannot legally use its military against Palestinians in self-defence. That is the big lie at the heart of the current horrors

There are four reasons why Israel cannot cite a legal right to self defence in response to Palestinian violence. First and foremost is that the ability of a very strong military power to achieve anything defensive by the attrition of a much weaker military power is spurious and leads into the genocidal logic of attempting to deprive a people of all capacity for violence.

The second reason is that Israel is actively contravening UN Security Council resolutions and the UN Charter is very clear on the fact that the right to self-defence exists “until the Security Council has taken measures necessary to maintain international peace and security.” A state that works to thwart UNSC measures to maintain peace and security cannot logically be extended the unimpaired right to self defence.

On the third count Israel is an occupying power and the occupied have a legal right to armed resistance. It would be nonsensical to accord a legal right to use arms to defend against another’s legal resistance. Fourthly, it would be equally paradoxical to allow each party to act in self-defence against each other’s acts of self defence. Thus one of the parties must be the aggressor. On several counts, not least its defiance of UNSC resolutions, Israel must be considered the aggressor.

Israel’s only legitimate way of defending itself begins with ending its occupation. Israelis have a right to life and they deserve peace and security as we all do, but they have no right to kill Palestinians and claim that they are pursuing those things.

Before tackling the specifics we should question the general validity of military violence as a form of self-defence. At this time hundreds of people are killed by Israel every day under the pretext of seeking to render Hamas 100% ineffective. This is a tacit claim of self-defence linked to the notion that Hamas is an ongoing source of potential violence to Israelis. However it is hard to reconcile this rationale with the actualities when one sees a parade of children’s corpses. One body after another with the increasingly familiar pall of concrete dust on their lifeless faces. Thinking of all of that pain, fear and suffering should make it impossible to somehow see killing those children as an act of self-defence. The human instinct to reject this monstrosity is not mere sentimentality. It would be impossible to make a sound detailed argument to show how the killing of any one of these children contributed materially to the increased security of Israelis. In truth it is far easier to argue that each dead Palestinian child makes Israeli people less secure.

Israel relies on broad and vague notions of “self-defence” to enact mass violence that does nothing to make any person safer and, in fact, is certain to cost the lives of many Israel personnel and any number of hostages. Military violence can only achieve so much as no amount of attrition will deprive a people of all ability to commit violence in return short of extermination. Beyond a point violence becomes waged “not merely against states and their armies but against peoples.” These were the words that Raphäel Lemkin when he first described the concept of genocide. Military violence can be used in ways that can only be called “self-defence” through the logic of genocide that situates the threat within the people and their intrinsic capacity for violence (also known as resistance). This is not legitimate self-defence, yet it is clearly part of the racist thinking of some Israelis and their apologists elsewhere.

It is actually normal that the logic of genocide presents itself as self-defence. Consider this quote by Arnon Soffer, the pre-eminent alarmist in Israel over the “demographic” threat of Palestinians:

“When 2.5 million people live in a closed-off Gaza, it’s going to be a human catastrophe. Those people will become even bigger animals than they are today … The pressure at the border will be awful. It’s going to be a terrible war. So, if we want to remain alive, we will have to kill and kill and kill. All day, every day … the only thing that concerns me is how to ensure the boys and men who are going to have to do the killing will be able to return home to their families and be normal human beings.” This is the reasoning of someone who has no concern for military power, who will never accept Israel’s overwhelming military might and nuclear deterrent as a sufficient lever ensure that Israel can be secure in a time of peace. These words are shockingly Himmleresque in labelling a people animals; in stating that mass killing is neither choice nor desire, but necessity; and in the sickening concern that mass killing might cause psychological harm to Israeli personnel. Adolf Eichmann and others at the Wannsee Conference shared Himmler’s fear of the effect of killing on the murderers and it was a major consideration in their adoption of the “Final Solution” which industrialised the mass-murder of Jews.

Soffer later explained: “I didn’t recommend that we kill Palestinians. I said we’ll have to kill them. I was right about mounting demographic pressures. I am also entitled to defend myself and my country.” It is difficult to imagine any Israeli getting closer to Nazi rhetoric than this, but it says something that his ideas were not immediately denounced by everyone in Israel for what they are. This is the essence of genocide. Though referencing the circumstances in Gaza, he is openly saying that Palestinians must be killed because they are Palestinians.

In contrast to genocidal notions, the theory behind using military power in self-defence draws on the idea that warfare is a contestation of belligerents using violence in a manner, as Clausewitz suggested, of wrestlers: “Each strives by physical force to compel the other to submit to his will….” This begins from the presupposition that each belligerent has diametrically opposed aims, which might have sufficed in the 19th Century, but does not suit our more complex polities today.

In reality, war is not a chess game and killing babies is not in any way the same as taking a pawn from the board, yet the use of aerial and ground artillery on populated areas implies that this brutal madness makes sense. We are tricked by the notion that the “self-defence” of nations is truly analogous to the self-defence of an individual using a weapon to counter an assailant. That analogy breaks down in an era of high-tech weaponry and in circumstances of asymmetry where the strong are killing the weak. Leaders and pundits often twist the notion of asymmetry itself to suggest that the strong are more vulnerable to the weak and are thus the real victims, but this is just one of those lies that are repeated so constantly that it becomes a commonplace.

Despite the clear disproportionate asymmetry of violence and the ever-growing numbers of people killed by Israel the media discourse enforces a framework that decontextualises Israeli violence, presenting it as a reaction to the violence of Hamas. Pro-Palestinian and pro-peace interviewees on Western media cannot speak without first making pronouncements affirming that they condemn Hamas’ “terrorist” violence and affirming Israel’s “right to defend itself”. These statements function as “thought-terminating clichés”, though in such instances they might be more aptly called “thought-terminating pieties”. Pieties go beyond mere clichés to invoke moralistic religious, patriotic, or other emotive ideological beliefs that create both a dominant sentiment as well as a constrictive framework of discourse. They close off certain avenues of speech, so that those who speak for Palestinians must begin by stating that Israel has a legal and moral right to kill Palestinians, and then take the stance of a supplicant begging for moderation, clemency, or mercy.

Of late Palestinians and others have pushed back against the pressure to commence their testimony and commentary with a condemnation of Hamas. They are trying to evade a narrative in which events commence with a condemnable act by Hamas and thus Israel’s massive surge of killing and destruction is framed as a reaction to Palestinian violence. This framework decontextualises events from the occupation and oppression including the ongoing acts of killing and destruction which Israeli personnel enact every single day in Palestine.

The “self-defence” argument is even more insidious than the attempt to frame all Israeli military violence as being in reaction to “terrorism”. It relies on a persistent but unrecognised one-sidedness. One cannot deny the right for Israelis to defend their lives, but nor can one deny the right of Palestinians to defend their lives. If Israel can kill Palestinian civilians in “self-defence” and present its own reasons to explain why such killings are necessary, then logic dictates that Hamas can do the exactly the same. Thus it may seem that if applied even-handedly “self-defence” becomes totally meaningless.

It may surprise people to know that in legal terms the problem of self-defence is not tricky nor intractable. Israel very clearly does not have the right to use military violence and claim self-defence on several grounds. Firstly, an occupied people has the right to resistance, including armed resistance, “in or outside their own territory”. Obviously it would be illogical to accord a legal right to armed resistance and then accord a legal right to collective self-defence against that legal resistance.

Thankfully the United Nations Charter has a way out of the paradoxes of allowing two belligerents the right to self-defence against each other’s self-defence and that of allowing self-defence against legal acts of resistance. Chapter VII of Article 51 states “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.” Clearly “peace and security” has not been established but the United Nations Security Council (UNSC) has passed many resolutions on Palestine. Israel is currently violating a very large number of these resolutions ranging at least as far back as UNSCR 242 in 1967 through to UNSCR 2334 in 2016. These violations are occurring despite the fact that the US constantly vetoes UNSC resolutions that it deems detrimental to Israel. Logically cannot claim a legal right to self-defence if it violates the UNSC resolutions designed to bring “peace and security” thus its real path to legitimate self-defence lies first and foremost in complying with all relevant resolutions. In simple terms Israel must end its occupation as the very first of any acts of self-defence. Thus it does have the right to self defence but it must cease its own belligerency first.

I want to complicate this further here, but in a way that will lead to greater elegance and certainty, by explaining the onus on the aggressor. In 1946 the International Military Tribunal described waging a war of aggression as “the supreme international crime” that “contains within itself the accumulated evil of the whole.” Placing the onus on the aggressor (which is the government of the state not its people) in this way does not exonerate those who commit crimes in self-defence, but it means that the aggressor is also guilty. It is only thus that we can preserve the principle that all people have the right to life. Without the aggressor being morally and legally culpable it would mean not only that the military personnel of the aggressor belligerent have no right to life, but also that civilians of that state have no right to life if they should become legitimate collateral damage in legal military operations by the defending belligerent. This emphasis on the culpability of the aggressor is very satisfying because it closes these loopholes and also satisfies our moral instinct that a sovereign that wages aggressive war, knowingly sacrificing the lives of their own people, is guilty of the murder of those killed.

We need to pause here to reflect on our habitual callousness towards death in times of conflict. Death in wartime is so inevitable that we become inured to to its nature. Deaths caused by armed conflict tend to be terrifying, agonising, lonely, and brutally untimely. The grief of needless loss over those who usually have health and life to spare is not lessened because death becomes so statistical when the machinery of killing is unleashed. War is an abomination and every person who is currently working to prevent a ceasefire in Gaza is a criminal.

As things currently stand Israel has such a grip on the framing of the Western media coverage that it can get away with claiming its murders in Gaza are all part of a campaign to eradicate Hamas and that this is a legitimate act of self-defence. Of course, anyone who goes beyond the Western media (Al Jazeera being the easiest outlet to escape the censored narrative) will know that Israel is targeting civilians, hospitals, churches, ambulances, and so forth. For those who see only the Western media they must deal with the cognitive dissonance of seeing the death, destruction, and suffering and being told that it is arguably some form of self-defence. The trick with the Western media is not to state outright that Israel’s self-defence claims are true, but to avoid all facts or basic reasoning that gives lie to that claim.

Once those who support peace and humanity learn to counter Israel’s claims to the right to use violence in “self-defence” it will be another foundation of the propaganda narrative removed. Brave individuals are challenging the demand to begin all media interviews by condemning Hamas and refusing to accept timelines that always assert that cycles of violence begin with Palestinian actions. They need to add to that by rejecting Israel’s right to use arms in self-defence.

The way to counter the distortions of the Western media is to attack the borders of the narrative where they are thinnest and most strained. Some ideas are the sledgehammers that break through walls of cognitive dissonance, forcing people to unite what their eyes see and what their emotional and moral senses tell them with their intellectual framework – the story that they force facts and feelings into. When people see bombing, missiles and siege warfare against a powerless people the imagery does not naturally lend itself to a conclusion of violence waged for defensive purposes. To break the argument we need to attack the very validity of Israel’s claims.

An occupier cannot use arms in self-defence until they cease being the occupier.

The aggressor cannot be the defender.

Genocide is never justified. The violence of those who see others as a threat because of their membership in a “national, ethnical, racial or religious group” is the defining character of genocide. It is always framed as self-defence.

The Criminal Injustice System: Beyond Platitudes and Bleeding Hearts

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Aotearoa (New Zealand) has a lot of serious problems. Neoliberal reforms have been imposed against the will of the people here and it is only our pride and our racially informed sense of kinship with imperial power that keeps us from recognising that we are a neocolony – a privileged neocolony perhaps, but a neocolony nonetheless.

Recent decades have been an affront to our sovereignty and our progressive and socialist history. We were the first country with a 40 hour working week, the first to allow women to vote, the second to have a comprehensive public health system, and the first welfare state. It cuts against the grain, therefore, that in 30 years we have gone from a country with no poverty or unemployment and near the worst income inequality in the OECD (7th worst in 2014). With relatively low wages and one of the highest costs of living in the world, neoliberalism is ripping apart our social fabric. We have a housing crisis that is worse than those hitting the US, UK, Australia and Canada, but it is even more of a shock because 30 years ago the idea of homelessness and of people begging in the streets was simply alien to us.

Make no mistake, neoliberalism has fucked this country, and I do blame the US and the UK along with those traitor scum politicians who serve the empire and not their own people. But in one key respect, neoliberalism was pushing against an open door. Neoliberalism seeks to shrink the social support offered by the state but it also seeks to grow the coercive powers of the state – the police and the prisons. The latter harmonises much more easily with traditional Aotearoan values. We are a punitive people. We are not ruled by fear of malefactors to the extent that the US seems to be, but we still have a strong attraction to “law-and-order”.

Our prison population has traditionally been high, but as incarceration rates have grown in other countries we have kept our place in the leading pack (excluding the US which is in a league of its own). We imprison people at nearly twice the rate of Canada; 45% higher than England and Wales and 30% higher than Australia.

The punitive culture in Aotearoa is partly the product of settler-colonial relations. The nature of colonialism is to obliterate autonomy. In Aotearoa the British achieved this in the same manner in which they did in India. First is the process of dividing the locals, using diplomatic trickery, and co-opting collaborators. The second is military conquest, which is only achievable because of native forces. The third is the realm of police, judges, truancy officers, land surveyors, bureaucrats, and lawyers. It is a telling part of our history that the reputed “last gasp” of the decades-long New Zealand Wars was when a column of 120 armed men was sent to arrest a leader, Hone Toia, who refused to pay a dog tax. The judge who imprisoned Hone Toia made it clear that he was demonstrating the reach and power of the government.

The story thereafter will be familiar to other settler colonial societies, Compulsory schooling became the mechanism for literally beating and torturing the language and culture from Māori children. There was a school-to-borstal pipeline, particularly for Māori boys. This was the beginning of a self-sustaining circle of institutional racism. The result is that even though Māori are only 15% of the total population, they make up more than 50% of the prison population. Even Al Jazeera has made a documentary about the “Locked-Up Warriors” of our country.

However, at the risk of weakening the sense of crisis (which is very real in absolute terms) I feel obliged to point out that in proportion to indigenous populations Aotearoa actually has a lower indigenous incarceration rate than Australia and Canada. Australian aboriginals are the most imprisoned people in the world, ahead of US African-Americans. None of this should detract from the significance of Māori imprisonment here, where indigenous people make up a much larger part of the total population.

The prison is clearly being used as an ongoing tool of colonial control, even if it is only the momentum of the past that keeps it so. Yet I would argue that treating this as a race issue alone will not help. The racism of the system show that it is an unjust system, but getting rid of the race element will not fix the injustice. We have a massive social problem with Māori incarceration, but if we fix the racism inherent in the system will it really fix a system that is so open to racism? Where would that leave us with regards to class and poverty? In this day and age can do we really think we can address a racial disparity if we don’t also address inequality?

 

Native Affairs

Māori TV is a gift to all Aotearoans because it is our only public service mandated TV broadcaster. They produce some very good television – albeit at the cheap end of the spectrum. Yet I was sceptical of the Native Affairs episode on “Locking Up Māori”. I had the strange feeling that they would acknowledge the role of racism and poverty but then circle back around to the normal mindless position of showing stories of individual prisoners finding redemption with the help of guitar-toting redeemers.

Well, colour me un-fucking-surprised.

Of course, there is something to be said for reminding people that structural and personal racism are real factors behind imprisonment rates. When Marama Fox recently dared to use the term “racism” as a cause of Māori incarceration in The Spinoff’s “Great Debate”, the audience guffawed in incredulity. Clearly some people out there need a bit of educating. Therefore it might seem like a good deed to highlight the structural racism and social drivers that lead to high rate among Māori, but viewers of Native Affairs are probably not the ones that need telling. If you are not familiar with Native Affairs, it is just what it sounds like – a current affairs programme dealing with issues relating to Māori. The name is an ironic reference to the Ministry of Native Affairs – an historic institution of racial paternalism, land theft, and ethnocide.

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Marama Fox (Māori Party Co-Leader) was quite expressive in the “Great Debate”

Given their viewership, it is less significant that Native Affairs addressed structural issues, so neglected in the mainstream, than that they took that as a starting point for a narrative that herded people back into alignment with mainstream thinking – like a sheepdog ensuring our wayward brains don’t wander too far from safe pastures.

First they identified the empirically proven drivers of incarceration as being poverty and poor education. Crucially they assert, without the same evidential backing, that “in Aotearoa cultural disconnection is a third factor.” They may or may not be correct in this. As I will discuss later it is not whether the latter is true or not that is at issue, but rather the way in which adding the element of cultural alienation sets up a narrative centred on the individual offender. It is a path back to old habits of thinking; the modern equivalent of the 19th century Samaritan’s self-righteous efforts to save the souls of the benighted sinners who have fallen from the Godly path of lawfulness.

Soon after this introduction the programme also broaches the subject of structural racism in the justice system. Māori are more likely to be stopped by police. Under the same circumstances they are more likely to be charged. If convicted they receive harsher sentences and are more likely to be imprisoned. Cumulatively it is this layered racism that is probably the biggest factor in Māori imprisonment.

So if poverty, under-education, and racism among police and judiciary are the best known significant drivers of Māori imprisonment then a documentary should surely focus on changing social policy, ending structural and personal racism in education, reforming the police and judiciary. The prisoners (referred to constantly in the programme as “these people”) are not the real authors of their fate in this regard. Yet instead of having the intellect and the guts to embrace what the statistics tell us, the participants cleave to facile moralism – depicting the narratives of each prisoner as being driven by transgression and the consequences that follow from it.

The social science shows clearly that focusing on changing prisoners is stupid. It tells us unambiguously that we are not being honest about what acts do or do not deserve punishment and why we expect prisoners to embrace guilt, remorse, and the need to change themselves. People are married to the fictional reductionism of crime stories in books, TV, and cinema. Through constant sensationalism in the news people are made overly fearful of the capacity for violence among convicted criminals, feeling safer if they think that people are being locked away. This is a heuristic error that vastly exaggerates the ability of any prison system to enact what is called “specific incapacitation” by isolating the offenders from society. It also fails to account for the ability of the prison system to engender violence.

Native Affairs should have shown the efforts to reform those in authority, and highlighted where such efforts do not exist. The onus should have been on police, politicians, teachers and judges. We should have seen them struggling to overcome their racism and their moral and intellectual failings. Exemplars should have described their journey of overcoming their unthinking abuse. In the documentary we meet the victim of a cruel self-righteous and almost certainly racist judge. This judge ruined a young man’s life. He caused immense harm and pain. but where was that judge or one like him talking about their journey to redemption – complete with guilt and remorse for destroying futures, for ripping apart social bonds, and for wasting inordinate amounts of taxpayers money?

I am aware that our prejudices are deep. It is easy to see a tattoo-covered ill-spoken prisoner as a wrongdoer, but few people can envision the judge as being a dangerous and vicious parasite, profiting from suffering that they help perpetuate. Yet if you strip away our personal fears and our social prejudices; if you judge the judges on the fruits of their actions rather than their benevolent rhetoric and evinced good intentions, it is authorities such as these that need fixing, not our prison population. So, dear reader, I am going to walk you through some things. I am going to show you that incarceration and criminality are not strongly linked; and I am going to help you learn to fear and loathe the genteel. Regardless of the existence of individual dangerous prisoners, collectively those in prison are the victims of violent injustice, not the other way around.

 

Lipstick on a Pig

TOPadOn the surface, The Opportunities Party has an admirably progressive criminal justice policy. They aim to reduce our prison population to half the projected number in 2027. There are two problems with this: arrogance and reductionism. The arrogance comes from presenting evidence already widely understood and proclaiming that other politicians are too stupid to get it. The reductionism is in reducing a complete socio-political problem to a single track of statistics without any sort of critical self-awareness. I don’t want to be unfair to TOP, who do link criminal justice to broader issues of poverty and inequality, but even that is a very narrow way of looking at a much more profound questions of guilt and innocence; justice and injustice; transgression and obedience. The weakness of their position is easily demonstrated with a question: if it is so stupid and counterproductive to lock up 10,000 people, why do you want to keep 6000 people in prison?

 

 

TOP are trying to solve a “problem” without asking why it arose initially. Why are we so punitive? I have suggested that some of it comes from our colonial past, but it has a contemporary and historical scaffolding that exists independently of that. We blame our populist right-wing politicians fear-mongering at election time andemotive pressure groups like the Sensible Sentencing Trust; we blame talkback radio and racist muddle-Nu Zillind, but it takes two to tango.

Our politics are not shaped by one side of a political divide, they are shaped by the way our political discourse divides issues into two vested camps and creates a static establishment orthodoxy that serves both.

While Hegel, followed by Marx and Engels, proposed that social forces create a dynamic “dialectic”, it is far more common in our time for “opposing” ideologies to become entwined in mutually sustaining inertia. Arrayed against the self-righteous sadists who demand that convicts must suffer are an equally facile bunch of liberal journalists, left-liberal politicians and NGO do-gooders who (by choice or by constraint) are mainly about looking as saintly as possible without really rocking the boat.

Our problems run much deeper than the attitudes of right-wing people. The rituals that surround our criminal justice system should be a clue that something is wrong. Rationality does not need to don special robes and use dead languages to give itself gravity. The system itself is not a measured and enlightened social institution, it is a quasi-religious instrument of authority. On close examination it maintains a strange irrational pretence of omniscience and still functions as if the court and the judges within it were touched with divine power.

Fixing our criminal justice system will require much more that a white-hatted technocrat Sheriff riding in on his high-horse to tell all us dumbshit yokels how to live our lives. The problem with people like Gareth Morgan is that their disdain for the intellects of others makes them incredibly naïve about social institutions. Just because a given institution purports to serve a given function that does not mean that that is it’s sole function, or main function, or even a real function. Some social institutions do the opposite of their pretended function. To put it another way, Gareth Morgan wants to put “evidence-based” lipstick on a pig that he is too stupid to smell.

 

Controlling and Punishing Social Inferiors

Our institutions have multiple historical roots but the tendency to echo the past (even when we can see clearly how inhumane and unjust the past was) has to be explained in contemporary terms. We are not so different than our cruel, stupid, superstitious and hypocritical forebears and much that we think of as the cast is actually still as much with us as it has ever been.

To begin with there is the religious and pseudo-religious moral impulse to view matters of criminality as an expression of sin – a form of moral transgression. This comes from the belief that the law is a moral framework and even when it fails to be so obedience to the law is a moral imperative in itself. This is an authoritarian viewpoint that is not actually morally sound. It is an irrational impulse and you do not have to delve too far into history to see that morality and obedience to the law are distinct and may be at complete odds with each other. By consensus we now recognise many laws from different places and times as immoral – for example, race and gender legislation that make chattels of racial groups, wives and daughters; apartheid laws; or the Third Reich’s racial laws.

Then there are the politicians, bureaucrats and social workers who see their jobs as being the imposition of their will on the behaviour of others. At base any attempt to change an individual or group of individuals is an attempt to to control those persons through the exercise of one’s own will. This may be both a personal inclination that attracts people into positions of such power and a situational product of our institutions of power. Our society hands people in these situations hammers and instructs them to treat certain individuals as nails. For example, social workers may as a group lobby for social change, but their day-to-day hour-to-hour activity is to try and change individual people however futile that may ultimately be in the bigger picture. By contrast, some politicians have a clear pre-disposed inclination to enjoy exercising power over others. Bill English was recently asked what cause he would take to the streets to march for, and he responded that he would march for the right to govern us. This is just a small glimpse into the state of derangement that veteran senior politicians fall into. They do not see governance as the exercise of shaping institutions in order to allow the will of the people to rule, but rather see governance as creating and using institutions to control and “govern” the people. To them that is what governing is, and they see no contradiction between that and what they refer to as “democracy”.

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These contemporary controlling impulses find rich and fertile soil to flourish in our inherited criminal justice system. Centuries of penal reform have changed the sharp brutality of sadistic 18th century barbarism, into the duller grinding inhumanity of today. The criminal justice system that we have today may be the most gleamingly polished turd in human history, but underneath it is still an inherited institution of class warfare (repurposed to serve also as an instrument of racial oppression).

When the historian George Rudé examined early 19th century English “criminal justice” system, he found an institution devoted to perpetuating the social order of class and ethnic division, not an institution of “justice”. This was occurring at a time that saw an increasing conflation of poverty and criminality. The enclosure of common land and the loss of small-holdings, along with agricultural reform and industrialisation, had seen a growth of poverty in England and a breakdown in the medieval “Poor Laws”. Not coincidentally, this era saw the creation of the first professional police force. Many of the lower classes were transported first to North America and then to Australia and there was not a great deal of distinction between committing a criminal act and being criminalised and punished due purely to indigence.

The end of the transportation era saw the rise of a three-part system of prisons, debtor’s prisons, and workhouses. The workhouses were cruel and exploitative. The clear, if irrational, ideological foundation was that the poor must be made to suffer if they were to receive sustenance. The moralism of the era demanded that they redeem themselves through suffering, tinged by Calvinist beliefs that poverty was a sign of sinfulness and God’s disfavour.

 

Trapped in the “Safety Net”

Social reformers worked to end this inhumanity, and seemingly they succeeded. Yet they did not succeed as well as they might have hoped. Decades after the abolition of workhouses George Orwell lived the “down and out” life in England and what he found was a new form of cruelty and a new way of trapping people in poverty. Those who sought shelter and nourishment were forced to prove that they were not merely lazy scroungers living the high life at the expense of their betters. Thus they were forced to remain imprisoned in locked cells for their shelter and then forced by law to walk many hours to get shelter for another night. Needless to say they could not work and could not have social or family connections. With no way of earning money their attire, and particularly footwear, was appallingly poor for those who had to spend each and ever day walking and exposed to the elements:

“One could not, in fact, invent a more futile routine than walking from prison to prison, spending perhaps eighteen hours a day in the cell and on the road. There must be at the least several tens of thousands of tramps in England. Each day they expend innumerable foot-pounds of energy – enough to plough thousands of acres, build miles of road, put up dozens of houses – in mere, useless walking. Each day they waste between them possibly ten years of time in staring at cell walls.”

It was an expensive and self-defeating exercise. The sadism of it was less newsworthy (or Dickensworthy) than the workhouses, but was it really much better? Things may have improved now, but maybe not as much as people think. In many ways we are slipping back. Poverty and its effects are intensifying and incidents of people trapped in implacable cycles of futility and suffering are on the increase.

We have never gotten over the idea that those who need help can and should be controlled. We think it acceptable that unemployed beneficiaries should be drug tested (and sanctioned for failing) and an overzealous campaign against “contamination” has seen many people lose tenancy in social housing due to traces of methamphetamine being found. Effectively that means that the less fortunate in society have a greater degree of state control in their lives than the more fortunate.

Many people undoubtedly think that it is beneficial for the unfortunate to have the guiding hand of a benevolent state to guard them from their own self-destructive impulses. It is for their own good, after all. In reality that is as much of a self-righteous delusion as the Victorian missionary’s belief in reforming the sinner. There is an increasing recognition that the neoliberal state systematically produces homelessness and that forcing special conditions on recipients of housing or other welfare acts to reproduce the vicious circle enforced on tramps in Orwell’s time.

One response to the structural injustice created by neoliberalism is the movement known as Housing First. Even PM Bill English proudly claims credit for “Housing First” initiatives. Unfortunately English is about as capable of grasping the essence of Housing First as Vlad the Impaler would be capable of grasping Nonviolent Communication. In theory, though not as it is widely practised, Housing First is supposed to provide unconditional tenure. Yet under 3 terms of National Party government, with English as leader or deputy, the government’s own social housing agency has been going in the opposite direction.

Neoliberalism reproduces the trap enforced on Orwell and his down-and-out compatriots, but with a much greater masquerade of benevolence. It actively encourages the underlying cause of social ills through deregulation, austerity, erosion of worker conditions and the devaluation of labour in relation to capital. Neoliberalism helps poverty, precarity and socio-economic exclusion to flourish, encouraging the disease but making a show of treating the symptoms. The long walks and the cold cells of 1930s England are replaced by the equally futile system of grants and supplements, constantly exposing people to a capricious and arbitrary system where they must pointlessly engage in a bureaucratic struggle to gain the money and service required to live in a system that is designed to give minimal support. The basic “safety net” support is insufficient in itself and yet is still contingent on conditions and impositions that can be extremely difficult for destitute people to live up to.

On the Native Affairs programme they revealed that the Howard League works to get inmates their driver’s licenses. This is a crucial and worthy effort, but it is a piecemeal step. The need for drivers license is a symptom of poverty, social exclusion and racism in the education system. It is not the only barrier affecting inmates and if they have to keep reaching out for help over each thing the process itself becomes demoralising and debilitating.

We have begun to have real conversations about the reality facing those on benefits today, and with luck that will continue, but for the last 40 years the gravitational pull has been to become ever more and more aligned with the US. By withdrawing support from the most needy due to infringements of a pseudo-moral code of behaviour we risk following the US footsteps of creating a criminalised underclass, a “school-to-prison pipeline” and a racial caste system. In many aspects the US is already in a Dickensian state. For example Eric Garner, who was killed by NYPD, was a career criminal who lived by breaking the law – he sold loose untaxed cigarettes and lived off the meagre profit margin. He wasn’t selling them at the time of his killing. He wasn’t even on his normal turf and was doing nothing wrong, but a cop recognised him from his own neighbourhood. Garner got angry at being harassed when minding his own business, and the police reacted with brutal and escalating violence that intensified when Garner was struggling for his life.

It feels as if we are not far away from the point where we too will tolerate the life and death of our own Eric Garner, seeing both the “criminal” and the poor person as somehow less human, lot worthy of a right to a dignified life and ultimately not even worthy of a guaranteed right to life of any sort. In the NZ Herald Paul Little has recently asked how Dickensian we have become:

Under the so-called three strikes law, Raven Campbell, a prison inmate who pinched a guard on the buttocks – his third offence – was sentenced, as that law required him to be, to the maximum term of seven years jail.

Social housing agency Tamaki Housing issued an eviction notice to the five children of Mabel Pe just weeks after her death. They were given three weeks to vacate the home where they had lived for 10 years.

Housing New Zealand issued an eviction notice to a family of seven, including two blind children, after their grandmother died. [3 of the children also suffer PTSD after losing a mother to cancer and a father to suicide shortly thereafter.]

In the last quarter of 2016, the number of people applying to Work and Income for hardship grants to buy food was 112,000 – an increase of 14 per cent over the equivalent period in the previous year.

Wendy Shoebridge, who was discovered dead in her home the day after she was told she faced charges over benefit fraud, was later found not to have committed any fraud, according to evidence presented at the inquest into her death.

We are seeing the rise of conditions of ever greater social division, a restructure in the relations of capital to labour and a massive upward redistribution of wealth. The transformation is akin to that of the mid-19th century, described by Karl Polanyi as The Great Transformation, and the response of our welfare and criminal justice systems is the same. It is not to ameliorate the conditions of those who are suffering the most under the change, but to preserve the social order. In effect this usually means inflicting greater suffering, hence the rising prison populations and the growing precariousness of those on benefits. If we don’t face up to those facts, how can we hope to make things better with our evidence-based culturally-sensitive “progressive reforms”. Quite apart from the fact that much of the “reform” only seeks to get incarceration rates back to where they were decades ago we cannot hope to effect positive change if we do not face up to the in-built malevolence and injustice in the system.

 

Crime Rates and Imprisonment Rates are not the Same Thing

To return to Native Affairs: Almost immediately after having established that Māori are imprisoned at rates disproportionate to their offending, without skipping a beat the narrator of “Locking Up Māori” reverts to the mindless conflation of imprisonment and crime rates, almost as if the journalist is incapable of processing the meaning of what is coming out of her own mouth.

The disconnect between crime and punishment is something that we as a society are not dealing with at all. It is far greater than the disparity in offending rates and imprisonment rate between Māori and Pākehā because there is also a massive class dimension that reinforces the racial dimension. Everything about our notions of crime is freighted with class disparity.

To begin with there is a much larger problem of prejudicial enforcement than merely who gets stopped by police more when driving or walking. Whole sectors of society are virtually invisible to law enforcement when it comes to certain sorts of crime. Most notably, bourgeois and wealthy people can reliably get away with committing drug offences. Many politicians have used illegal drugs, but few of those oppose prohibition. They are not volunteering to be punished themselves, but they are happy for others to be punished for doing the same thing they were not punished for.

The system is incorrigibly unequal and unjust. Ironically, many prisoners are victims in childhood or adolescence of serious criminal offences against them. Many, as we now know, were abused while in state care. Repeated offences of sexual abuse and severe physical abuse against vulnerable children in one’s care are amongst the most serious crimes we can imagine, yet those who perpetrated such heinous offences are afforded effective impunity while the victims often end up imprisoned for far less grave crimes.

Our need to see certain infractors punished is shaped far more by our sense of social order and hierarchy than it is by legally defined criminality. Researcher Emily Baxter conducted research for a project she called “We Are All Criminals”. In interviews with people she draws out the crimes they have committed and maybe spared little thought for because they suffered no consequences. She then gets them to reflect on how their lives might have been different had they been apprehended and reflect on the role that class and race play in making the difference between what might have been a youthful adventure for them, but could be the start of a descent into social exclusion for others.

The fact is that we are all criminals. Only a miniscule number of people have not committed crimes that individually or cumulatively could bring about a custodial sentence. If you think you are one of the rare innocents, then you probably need to interrogate you memory more vigorously.

There are also crimes which are hard to detect and prosecute. Nobody disputes that rape is a very serious crime, but the great majority of rapists a will never see the inside of a court, let alone a prison. We accept that reality because we cannot change it, yet it is hard to say how it can be just to imprison a minor thief or a cannabis user when rapists walk free far more often than not.

Further still there is the massive disparity in prosecution and even in the legal status of equivalent crimes that corresponds with differences in socio-economic status and power. The most obvious example at the moment is the disparity between those who commit tax evasion and those who commit benefit fraud. Tax evasion costs the government 33 times as much as benefit fraud, but the response is the inverse of what should be rational. Academic Lisa Marriott gives us these points:

  • We investigate a higher rate of welfare recipients than taxpayers. Around 5 percent of welfare recipients are investigated in an average year, compared to around 0.01 percent of taxpayers.

  • We have greater numbers of criminal prosecutions of welfare fraudsters than tax evaders. In a typical year, there are 600–900 prosecutions of welfare fraudsters and 60–80 prosecutions of tax evaders.

  • A higher proportion of prison sentences are given to welfare fraudsters, for a lower level of offending, compared to tax evaders. For an average level of offending of $76,000, 67 percent of welfare fraudsters received a prison sentence. For an average level of offending of $229,000, 18 percent of tax evaders received a prison sentence.

Marriott also compares two cases: “To summarise: welfare fraud of $3.4 million, where all was repaid (and more[$6.7 million was paid]), resulted in 10 years in prison — while white-collar crime of $4.3 million, where none was repaid, resulted in less than two years in prison.”

Another disparity is in the treatment of employers who steal from employees and vice versa. “Theft as a servant” is considered very serious because it is a breach of trust. Stealing from your employees, though, is a different story. I guess the logic is that because employees don’t have a choice to entrust their wages to their employer there is no breach of trust when the employer steals from them. Wage theft is commonplace in Aotearoa yet criminal penalties such as imprisonment, home detention or even community service are unknown. There is a push to impose criminal penalties such as prison on offenders, but not because we treat all other thieves in this manner, but because the offending is now reaching such a level of exploitation that it is linked with enslavement – yes enslavement, another thing we could not have imagined happening here even ten years ago.

Stealing hundreds of thousands from people poorer than you, who have no choice but to trust you, and whose labour is the source of your own wealth isn’t even treated as criminal. That is how fucked and how biased the system is.

And then there are those who more or less get to decide for themselves what the law is and whether or not they are allowed to steal from others without penalty. Meteria Turei, co-leader of the Green Party, bravely admitted to having lied about having flatmates in order not to lose some of the benefit she received while she was a single mother studying law. This was to raise awareness of poverty and precarity. She was hounded by the media relentlessly and felt compelled to resign just a week and a half after Andrew Little’s resignation (another party leader resigned the next week, by the way, just to keep the journalists on their toes). People asked why Turei had to go for taking a small amount so that she could afford to raise a child, while our wealthy PM Bill English took much more by deception. A “fact-check” assured people that Turei was naughty, because she broke the law, while English did not. Simon Wilson then he “sense-checked” the fact-checkers comparing the crimes of Metiria Turei with the perfectly legal acts of PM Bill English who claimed hundreds of thousands of dollars as a member of Parliament in order to cover the cost of living in a place he clearly did not live. Some of Wilson’s conclusions:

  1. Bill English must have known that he and his family did not live in Southland. But the system allowed him to pretend that they did, and he took advantage of that.

  2. He got away with it by arguing that his lawyers had told him it was OK.

  3. When he was found out, the system continued to protect him.

In fact, as Wilson further explains, the legality of the acts was not actually tested strongly: “He denied he had broken the law and the auditor general agreed. She appears to have been particularly persuaded by the fact he had relied on legal advice that his position was tenable.”

But wait, there’s more! Because ultimately the most criminally guilty people in the world don’t just go free, they are rewarded for their crimes. The worst criminal bankers on Wall St and in the City of London are not jailed, they are paid handsomely to retire, to stay on, or to work in government. Corporations can become a law unto themselves, causing thousands of deaths in Third World countries though pollution or using government forces to massacred those who stand between them and profit. From the days of United Fruit in Guatemala, to Shell’s involvement in the slaughter of people in the Niger Delta. No criminal charges.

Nor are there charges for murders carried out by the CIA, let alone other crimes. The whole existence of the clandestine action arms of agencies such as the CIA is based on lawbreaking. One old pre-digital estimate suggested that the CIA was committing crimes at a rate of 80,000 per day, dwarfing any non-governmental organised crime outfit. With computerised surveillance there is a near unlimited potential for individual crimes to be happening a dizzying speed.

Then there are the mass murderers. Since the death of Stalin, those with the most blood on their hands have mostly been Western political leaders. Johnson, Nixon, Kissinger – even Ford and Carter – Brzezinski, Reagan, Thatcher, Bush(es), Clinton, Blair. It is estimated that 20 million have been killed due to US-led aggression since World War II, frequently with crucial UK participation. They also have high levels of involvement in other acts of mass-murder. They backed the slaughter of 1 million in Indonesia and the subsequent genocide in East Timor. They gave diplomatic cover to the genocide in East Pakistan (now Bangladesh). They trained and backed those carrying out the genocide in Guatemala. Third world dictators cannot even compare in terms of the number of dead they have caused. Yet Henry Kissinger, perhaps the biggest murderer of them all, is a fêted elder statesman, treated like a rockstar guru by the political elite. These people are by any reasoned standard more despicable and fearful than the very worst of our prison population.

So, when you see the stats that show that social forces such as racism and poverty are the main causes of imprisonment, do not immediately think, yeah, but people need to be held accountable for their actions. The worst people in the world are not held accountable for their actions. Normal people are not held accountable in the way that those who fall foul of the criminal justice system are. It is a capricious system full of racial and class prejudice and rampant injustice

Argument from Consequences

As mentioned, the Native Affairs programme that fulfilled my low expectations of journalistic endeavour included “cultural disconnection” as an unproven third factor driving Māori incarceration. How much it is true that “cultural disconnection” causes imprisonment is definitely an interesting topic, but in the programme it becomes the central factor – the focus of the programmes call to action. Without seeming to be aware of what they were doing, the makers of the programme use the topic of “cultural disconnection” to leave poverty and poor education as background factors in a narrative driven by notions of individual reform.

There is certainly something quite powerful in the question by one prisoner who asked why it took coming to prison for him to find out about his own identity. The colonial system literally stole the sense of self from many Māori and it is heartbreaking that it might take imprisonment for some of those to benefit from reconnecting. But now the viewers have been taken back into their comfort zone, the place where no one can see the forest because they are too busy looking at all the trees. Unlike those factors of class and race which allow for the actions of others to be a cause of imprisonment, “cultural disconnection” can only be interpreted as a cause of criminality in the prisoner themselves. The notion leads us back to the belief that it is still their criminal transgression that drives their fate and what we really need to do is to help them to stop being so angry and naughty.

It is as if the journalists are programmed by cliché. They will always find a way back into the comfort of tinkering reformism that maximises the sense of doing good but minimises any real clash with the status quo. In this case, cultural disconnection brings the focus right back to criminal acts by prisoners. It is actually a little bit ridiculous, because as wonderful as it may be for Māori inmates to connect with tikanga Māori, it is not why they are in prison and nor should they be penalised if they do not want to embrace Māoritanga. When you get right down to it, they are suggesting that you can fix a racist system by getting the victims of racism to change, not the racists. There is an obvious parallel here to those who think that the way to prevent rape is for the potential victims to alter their appearance and behaviour.

Yet people seem to find it impossible to let go of the notion that prisoners have personal responsibility for their fate. To be reformed they must go through the ritual of penitence and agree that it is they that must transform. It is true that, apart from those wrongly accused, they must have contributed at least one “wilful” criminal act to find themselves behind bars, but between the disparities in policing and sentencing we can see that in most ways the criminal act is not the greatest factor contributing to the imprisonment.

It is tempting at this point to separate violent from non-violent offenders. Then, in pragmatic terms, we could abolish drug prohibition and end custodial sentences for non-violent crime. That would lower prison populations and instantly curb the worst injustices coming out of the racial biases of the criminal justice system. But as much as I feel that drug prohibition is morally insupportable (and that too is a conversation that needs to be dealt with in full) I also think that blunting the worst excesses of an unjust system still leaves an unjust system.

The fact is that even in committing a criminal act an offender is acting as a product of circumstances beyond their control. People resist understanding this, but it is abundantly clear in the statistics. In violent offending, the unchosen circumstances of birth and upbringing are clear predictors. Growing up exposed to and especially victim to violence does not always mean that a person will become violent, but it is such a strong statistical association that it cannot be ignored. And there are other factors such as sensory deprivation in infancy, exposure to lead and other toxins, traumatic brain injury or other neurological conditions. The more we study the factors that influence behaviour the more we must admit that we are all products of circumstances that we do not control.

It is not just the social sciences that problematise our punitive understanding of criminality. While many philosophers still try to justify the existence of free will, neuroscientists are increasingly able to pinpoint the chemical processes of decision-making. If someone spikes you with a drug it will affect your decision-making. If someone controls the information you receive, it will affect your decision making. If you are abused as a child, it will affect your decision-making. Free will is a delusion. Even our current understanding of physics suggests that the universe is shaped by stochastic (individually random and unpredictable) subatomic events. Because these shape the real world and ultimately affect our lives it is impossible to reconcile the nature of the universe with free will.

Free will was an excusable explanation for a complex phenomenon in the same way that explaining lightning as bolts cast by a god was excusable before the process was properly understood. It makes sense that we would feel that free will exists even without proof, but it is a religious concept not a rational concept. Basing criminal justice decisions of the concept of free will ultimately makes no more sense than treating criminality as demonic possession. Yet the concept of free will underpins our notions of criminal culpability.

We cling on to a model of individual guilt and just punishment because it works so well with our emotions and social conventions. When bad things happen we want a sense of reciprocity and we also want to feel protected from those who might threaten us. On the more sinister side, we also have a tendency to persecute those who are perceived as alien, defective, diseased, or just a burden to our social collective. This is nothing to do with justice. On the contrary, it is one of the ways our evolution has sowed within us conflicts between compassion and brutality; xenophobia and solidarity; inclusion and exclusion.

Our sense of reciprocity, however, is perhaps the greatest impediment to a more enlightened approach because this innate tendency is bolstered and magnified by the narratives in which we constantly immerse our consciousnesses. I refer here to books, film, TV and so forth. In our stories transgressions seldom go unpunished, guilt is seldom in doubt to the reader or viewer, and there is almost always the implication that somehow the punishment ends the narrative arc, tying up the story with a nice little bow. However, this is not just true in fictional narratives, it is also the structure used almost exclusively in news reporting and documentary.

In reality neither safety nor reciprocity can be achieved through the criminal justice system and social exclusion is both undesirable and harmful. Despite this, they are powerful desires and the reason we cling to the idea of free-will is that without free-will we cannot have individual criminal culpability. Without that sense of culpability, we cannot package reciprocity, safety and social exclusion as a function of “justice”.

We cling to the idea of wilful individual responsibility when logic and evidence both tell us it is a delusion. We do not want to deal with the consequences of not having the ability to pronounce guilt because it would deprive us of our ability to see the criminal justice system as having inherently positive outcomes.

Ritual Sacrifice

There is something disturbing about the way we as a society created a sudden and new official Truth once a judge or jury has pronounced guilt. Suddenly doubt is officially banished, facts are certain.

There is a time between the verdict and the sentencing when the convict becomes a species of outlaw. Their penalty and path back to citizenship is undetermined and actions which are not crimes may affect their penalty as much, or more, than the actually criminal act(s). This outlaw status, by some mysterious rationale, becomes retroactive. Everyone has a right to deny charges against them without penalty, but once they are found guilty a magic time machine allows judges to reward “early guilty pleas” because the special powers they have make everything fair (and apparently there is no contradiction at all in discriminating in favour of those who admit guilt because it is not the same as discriminating against those who maintain their innocence).

It is just as problematic that once guilt is established there is an expectation that the convict must now align themselves with the official Truth and make a ritual obeisance before the court by admitting guilt and expressing remorse. This is not a rehabilitative process and it is not a parole hearing, this is part of the sentencing, so it is actually quite difficult to say, in terms of justice, why remorse at the time of sentencing is so important. The practical effect of coercing a show of remorse from a convict is that it forces that person, and often their supporters, to readjust their narrative and to reify the Truth established by the court.

One of the strangest parts of the ritual, from my perspective at least, is the breadth which judges give themselves in rendering judgements. At this point in the proceedings there can be no objections or arguments. It is pure soliloquy. It is quite normal for judges to tell those found guilty what their motives were, what they were thinking, and what they feel currently, as if the judge were some form of omniscient telepath.

As with everything here, I do not have to delve deep into the past to find exemplars. A case I find problematic is that of Gustav Sanft who killed his 2 year-old daughter. At sentencing just a few days ago as I write his wife pleaded: “I know people want to see Gustav punished for this accident, I see it everyday in him that he punishes himself. All I can ask is have mercy on Gustav. Our babies need their daddy at home, that is where he belongs.” The judge, however, decided that Sanft was not experiencing real remorse but rather “self-pity”. He sentenced him to 4 years and 4 months imprisonment.

The judge said: “Your denial you pulled the trigger is something you have latched onto, perhaps to help explain to yourself, and others, the terrible consequences of that morning.” This leaves us with two unpalatable options. One is that the judge, despite feeling at liberty to characterise the mental states of others, is so ignorant that he is unaware of the effect of adrenaline on short-term memory. If Sanft did pull the trigger there is no reason at all to expect that he would remember doing so. The other option is that the judge doesn’t actually care what Sanft believes. Either way, the emphasis on this detail is disturbing. The prosecution did not rely on his having pulled the trigger and the jury’s verdict does not confirm the fact.

If Sanft were more calculating and cold-blooded he might simply have told the judge what he thought the judge wanted to hear. Ultimately he cannot be considered more guilty of the original crime because he refuses to admit to something he may not even remember. I cannot say what sentence might have been given if Sanft had admitted the act, but the judge himself has made it seem that a very important factor in sentencing is submission to the judgement of the court. It is hard not to feel that what is required of Sanft is not completely different to an auto-da-fé – the public penance required and coerced from those condemned by the Inquisition which reinforced to onlookers the righteousness and honesty of the convictions and subsequent punishments.

Michel Foucault opens Disclipline et Punir with the horrifying theatrical spectacle of the public execution by torture of an attempted regicide. Foucault made the case that the theatrics of power did not disappear with penological reform, they just became more regular and less overtly objectionable. In that much, at least, he is correct. Much of this ritualised display is a show of power designed to maintain and reproduce the power that is exercised.

The Disconnect

We understand that the outcomes of our criminal justice system are measurably and demonstrably bad. The individual stories of those caught in the system, though most people are blissfully ignorant of them, can be extremely harrowing. People’s punishment may lead to much greater suffering than the crime they committed. In most cases the family of prisoners suffer despite not having committed a crime, and the cost to the taxpayer is excessive – stealing from the sort of spending that might be genuinely helpful to people.

We acknowledge these harms yet we seem to think that the basic system doesn’t need fixing. It has been more than 250 years since Cesare Beccaria wrote On Crimes and Punishments, and yet in many ways we have not yet lived up to his vision of a humane system in which punishments served rational utilitarian purposes. Perhaps it is an impossibility; punishment and humane rationality may not be not reconcilable.

We need to end the vestiges of noxious feudalism within our court system, but to do that we may have to go further. We need to end the fictions of guilt and innocence and the even more dangerous fiction that we can safely create an absolute Truth and justly act as if doubt does not persist. We need to move beyond our primitive senses of vengeance and reciprocity and recognise that punishment is never just.

We need to abolish prisons. It may be that some people must be specifically prevented from harming others, but in the vast majority of cases we know that imprisoning some people is not a way to prevent harm.

Even in a case of “preventive detention”, which aims at the specific incapacitation of those who are deemed an unavoidable danger to others, we have seen recently that the criminal justice system may enable crime instead of preventing it. In another NZ case that was in the headlines just days ago, a man who had been sentenced to preventive detention after having been convicted of raping (on separate occasions) a woman and a girl was found to have subsequently raped three cellmates. One was repeatedly raped for a week. Another was knocked unconscious and then raped. The man threatened to kill his victims and told them he had nothing to lose because he was a “lifer” due to his preventive detention sentence. In other words the attempt at incapacitation seems to have actually become a factor leading to the violence.

The double-bunking that facilitated these rapes was introduced under Minister Judith Collins who dismissed concerns over rape, then later made a prison rape joke (as did the PM of the time John Key). These details reveal that the most “law and order” minded people are ultimately, if unconsciously, concerned about social order, not justice. The very reason that they are so assured in their “tough on crime” stances is that they have a Manichean view of Us “good” people and Them “bad” people. Such people often commit crimes, quite serious ones, but they don’t consider themselves to be criminals. Criminals are the racial and class Other. The baddies from the cop shows.

Prisons are a mechanisms of social control, one of the ways that the neoliberal state is keeping lower class people in their place as the system begins to fail them. You might think that if we get rid of prisons, change the court system, and if we stop singling out some as the officially Guilty, then we will have a sense of broad impunity that will lead to a lawless orgy. It is a challenge, true. Yet we are almost all criminals, and we accept as a matter of course that those who have committed the most heinous acts must continue to live among us. Some, particularly rapists, will never even have to talk to a policeman. So may be acquitted because of reasonable doubt rather than innocence. Some will have been convicted, but apart from a very small number who die in prison, those people will still be part of society. Prisons can’t change that. They can and do make things worse in a number of ways.

The problems of the criminal justice system, and the politics and power behind the discourse of criminal justice, are absolutely pervasive. I can almost take exemplars from the headlines of any day on which I am which I write on the issue, and indeed I did so. There is no cherry-picking here, this gross injustice is the daily reality of our society and it needs to change.

This has been my idiosyncratic argument for abolition; born of my frustration at the half-arsed bullshit that journalists keep spouting; born of my frustration at all the things never talked about, the assumptions and the complacency. I hope it adds new dimensions, but I should also point out to readers that there are far more developed views out there. Abolitionism has a very long history with many renowned proponents such as Emma Goldman, Nils Christie, Ruth Morris and Angela Davis. I urge readers to engage with the prison abolition movement, including People Against Prisons Aotearoa. The costs of not abolishing prisons are growing.

Trump’s Straw Nazis: A Horror Story

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Introduction – Nothing is More Dangerous than a Discreet Nazi

People have been digesting the appointment of Stephen Bannon as Trump’s chief strategist and the sudden rise in overt racism and Nazi symbology. There are people saying “Heil Trump”, giving Nazi salutes, and spray-painting swastikas in alarming numbers. The US is a large, populous, diverse country, but there is clearly something of significance here beyond just a few ignorant teenagers with spraycans and emotional issues.

The overt Nazism is very disturbing. It was less than reassuring when Anne Coulter sought to tweet some perspective “Rachel shows FIVE PEOPLE at Richard Spencer meeting giving a Nazi salute. Call out the National Guard. Cf. Ferguson protests.” Then minutes later: “Total # of deaths connected to American Nazi Party in last quarter century: ZERO; Total # of deaths connected to Al Sharpton: 9 I know of.” Coulter might have chosen to compare exaggerated notions of a Nazi threat with, say, road fatalities or shark attacks. Instead she specifically cites examples that will provoke a fear of black violence. Instead of reassuring us, she shows that the overt Nazis are just the tip of an iceberg of frightening racists that includes her.

Equally unreassuring were Trump’s attempts to convey cherubic innocence and naïve confusion. Regarding what NYT’s Maggie Haberman referred to as “alt-right supporters” he said: “It’s not a group I want to energize. And if they are energized I want to look into it and find out why.” For students of history this may be especially unnerving because Nazi and Fascist leaders deliberately cultivated ideological followers who could organise and carry out acts of violence which were deniable and which the leaders could, if it suited them, condemn as excessive.

[I should explain here that I use the term Nazi even though I would usually only refer to regimes and parties by the term’s they use to name themselves. In this case, however, I cannot be bothered with writing “National Socialist” each time because nobody else does.]

But Nazis who openly wear swastikas are not and never have been the real threat in Western countries. For decades thinkers have warned us that fascism will come to the West in the guise of a return to normalcy (a claim that is actually part of the essence of fascism). The US is particularly scary because it tolerates and empowers fascism more than other Western countries. Trump, for example, won the votes of tens of millions after he had vowed to increase the use of torture and to murder the families of “terrorists”.

Trump has been given a gift, because he can choose to continue to embolden the street-thug Nazis or he can make a great show of rejecting and crushing them. He will probably do both simultaneously and by turns, but all the while the back-room Nazis, the crypto-fascists who don’t even think of themselves as fascistic, will grow in strength.

To get some perspective on how far the US has gone into overt and proud barbarity, take the example of Trump’s nomination of General James “Mad Dog” Mattis to the post of Secretary of Defense. To start with, there should be alarm bells ringing when the President elect is working a crowd at a victory rally by yelling “Mad Dog!” repeatedly. The most memorable of many quotes from Mattis may be: “Actually it’s quite fun to fight them, you know. It’s a hell of a hoot. It’s fun to shoot some people. I’ll be right up there with you. I like brawling. You go into Afghanistan, you got guys who slap women around for five years because they didn’t wear a veil. You know, guys like that ain’t got no manhood left anyway. So it’s a hell of a lot of fun to shoot them.”

Mad Dog got his sobriquet from his military service. Dahr Jamail was in Iraq during both 2004 battles in Fallujah conducted by Mattis. Jamail makes it very clear that Mattis is a war criminal:

During the April 2004 siege, more than 700 civilians were killed by the US military, according to Iraqi doctors in the city whom I interviewed in the aftermath of that attack.

While reporting from inside Fallujah during that siege, I personally witnessed women, children, elderly people and ambulances being targeted by US snipers under Mattis’ command. Needless to say, all of these are war crimes.

During the November siege of Fallujah later that same year, which I also covered first-hand, more than 5,000 Iraqi civilians were killed. Most were buried in mass graves in the aftermath of the siege.

Mosques were deliberately targeted by the US military, hospitals bombed, medical workers detained, ambulances shot at, cease-fires violated, media repressed, and the use of depleted uranium was widespread. All of these are, again, war crimes.

At that time I broke the story of the US military’s use of white phosphorous, an incendiary weapon similar to napalm in its ability to burn all the way down to the bone.

Mattis is openly antagonistic to Iran and to “political Islam”. This led to Congressional Representative Allen West (R, Florida) sharing a “meme” on Facebook which pictured Mattis and read: “Fired by Obama to please the Muslims, hired by Trump to exterminate them.” Before Facebook took down the post it gained 50,000 likes and 10,000 shares. This is not about a few bad apples. West’s career, his election and his 2.5 million Facebook followers all give us a window into what is really going on in the US.

West has said that “Islam is a totalitarian theocratic political ideology, it is not a religion. It has not been a religion since 622 AD, and we need to have individuals that stand up and say that.” In 2010 Jen Phillips wrote: “West equates today’s Muslims with those of medieval Europe, alleging that if Muslims in the US are not stopped, we too will have to change our name like Constantinople.” He is also a self-confessed and proud torturer. In Iraq Lt. Col. West watched on as four of his men beat an Iraqi policeman on the head and body. He dismissed his men and then staged a mock execution, threatening to kill the detainee and then firing his sidearm next to the blindfolded man’s head. Under US Army Field Manual The Law of Land Warfare such coercion is clearly defined as torture. The seriousness with which the US Army takes such laws can be judged from the result – West was fined $5000 and retired with full pension benefits. The seriousness with which US people regard the lives and rights of others is clearly reflected in West’s successful political career.

The problem with extremists like West is not that they are in the majority it is that they are an accepted part of the political spectrum. As I will discuss further, the same was true of anti-Semites in Germany before the holocaust. Trump only has a 41% approval rating, which is amazing for someone who has yet to take office, but it is hard to take seriously those who oppose him any more because they want to have their exceptionalist cake and eat it too.

If there were approval ratings polls in Germany in 1932, Hitler would have also been below 50%. He was a polarising figure, and most people did not vote for him. The reason that Mattis, West and Trump succeed is that their opponents seem more interested in feeling good about themselves than about doing what is right. Many of them supported Clinton who, as we will see, is also insupportable. If people are not willing to stand up against the chauvinistic arrogance of US patriotism and exceptionalism then their opposition to Trump’s fascism is empty in both moral and practical terms.

To understand what it all means, I am going to present it as a horror novel spanning a hundred year; one with a chilling twist in the tail. I am not meaning in any way to make light of things. I am doing this to highlight that this is an informed argument based on solid inference: a logical progression grounded in history.

Certain commentators such as “Tyler Durden” of ZeroHedge were certain that Trump and his coterie are really trying to “drain the swamp” and sweep away DC corruption and more. As one breathless fantasist explained:

Drain the Swamp pertains to more than getting the corruption out of the system.

Bannon now has Trump’s full backing to destroy the UniParty, defeat the Globalists, banish the warmongers of the MIC and help the legal prosecution of the corrupt. This is the Revolution to end the domestic Tyranny and the global Hegemon.

In contrast, the blithe self-righteous liberal stance of NYT and its ilk is just as speculative and just as ideological. Perhaps one of the most significant medium term impacts of the 2016 campaign is that print journalism has descended to Fox/MSNBC levels of inaccuracy, with NYT, Time and WaPo liberally putting words in Trump’s mouth and making ludicrous claims about his ties to the Kremlin. This means that they have broken with generations of journalistic practice and the “North Korea Law of Journalism” (“editorial standards are inversely proportional to a country’s enemy status”) by telling barefaced lies about domestic politics when they normally only tell barefaced lies in international stories. Such lies are not the biggest problem though. The real problem is that the respectable media will selectively treat some utterances of Western politicians as being unquestionable truth. The result is a very distorted narrative, but we do not notice how irrational and fantastical it is because it is made banal by constant repetition.

To illustrate my point, if we take the ranting of the alt-right “revolutionary” above, once you look past the exotic terminology, the basic flaw in reasoning is that this person trusts Trump, a lying billionaire showman/fraudster with a proven record of betraying and fleecing anyone he can. You have to be very selective in your memory to think that Trump is going to oppose the growing corruption and concentration of wealth and power in DC, in the US, and in the world. However, contrast this for a second with the perfectly orthodox claim that Clinton seeks to bring peace and stability to the Middle East through a no-fly zone or some other initiative. If you really step back from the assumptions that surround us, that is a truly insane statement. Firstly, Clinton’s track record on peace in the ME and North Africa (dating back to her role in backing the Iraq NFZ, sanctions and Operation Desert Fox decades ago) is even clearer than Trump’s record of honesty and straight-dealing. Secondly, the US itself – however often it protests benevolent intent – has been acting in ways that promote conflict and instability in the ME since at least 1979. The fruits of US intervention are extremely obvious and monotonously predictable, repeatedly saying that it will be different this time has long since surpassed mere credulity and entered the realms of dangerous mental dysfunction. Thirdly, though everyone seems to avoid seeing it, if this was a strategy computer game or board game it would be immediately obvious that the US benefits from the conflict it brings about in the MENA region. The obvious conclusion is that the US destabilises and sows conflict deliberately.

If you ask yourself how the US would behave if they were intentionally maintaining instability it would look exactly as it does, right down to the protestations of peaceful intent. Logically, therefore, it is less doolally to say that Trump is fighting the evil tentacles of the Illuminati New World Order than it is to say that the US is concerned over the suffering of civilians in Aleppo, wants to promote democracy in Iraq, seeks to restore stability and prosperity to Libya, or is genuinely concerned about Iran’s nuclear programme.

Luckily we do not have to rely on the things that pour forth from the orifices of politicians to make sense of events. When I say “luckily” I am using it in a special sense because once you strip away all of the illusions of Western benevolence the world is much bleaker and more alarming, but the longer we fail to face these realities, the worse things will become. This tale of horror I want to tell is a history of things going very badly for us all, and it did not begin in November 2016.

There are a number of places I could begin my tale, but I want to start as I mean to go on – with Nazis.


Chapter 1. Germany 1918-32 – A Paradise for Right Wing Violence

The violence and legalised illegality of Hitler’s Third Reich did not arise without precedent. Liberal and pluralistic Weimar Germany was, in fact, a very benign environment for proto-Nazi and Nazi violence. Social Democrat President Friedrich Ebert worked with the right-wing nationalist Freikorps militias to suppress a postwar socialist republic in Bavaria and socialist revolutionaries in the rest of the country. He would later retrospectively legalise the murders of thousands of leftists. This was one of 136 times he used “emergency powers” while President. Those same Freikorps carried the “Kapp Putsch” in 1920 which was not defeated by Ebert’s government, but by a mass popular uprising. Ebert’s successor Hindenburg was a conservative nationalist who also used emergency powers freely, including overriding the Reichstag. The judiciary throughout the Weimar period was unambiguously forgiving of right-wing political violence and repressive of the left. Most notably, a certain Adolf Hitler was given an extremely lenient sentence for his failed attempt at an armed putsch, turning what should have been a politically terminal debacle into a watershed in his rising career.

The German government was clearly a very right-wing government and that did not change when Social Democrats governed. Weimar Germany is not the first or last “democracy” to be offered the choice of those who talk left and govern right or those who talk right and govern right. Most Social Democrats and Liberals are rightists once in power, and some would say the same of Communists. History and contemporary politics also show that supposedly socialist regimes are just as susceptible as conservatives to vastly overestimating the threat of the real left and being complacent to the threat of the violent right.

In recent years the US has shown disturbing parallels with Weimar Germany. The executive has become the most powerful branch of government, able to carry out wars and extrajudicial executions; to conduct warrant-less mass surveillance; to suspend habeas corpus; and to militarise criminal and political policing. In the meantime the legislative branch, which is the most powerful in theory, is corrupted and subjugated by wielders of money and power and frequently deadlocks for supposedly ideological reasons. (This constant partisan warfare is quite an achievement when you think about it. Weimar Germany had proportional representation and legislators from the extreme right through to the Communists. The US has the least ideological variance in its 2-party system of any country I can think of. There is no question that many 1-party states have had as much diversity in their legislatures, yet the US with very little political diversity still manages to have bitter partisanship leading to “fiscal cliffs” and destabilising government shutdowns.)

The US has also seen a lenience against right-wing criminality and police violence accompanied by an excessive punishment of left criminality and the criminalisation of left dissent. It is abundantly clear that prosecutors and judges take a very permissive approach to police violence. On the rare occasions that juries decide these matters they often feel, or are led to believe by judge, defence and prosecution, that a claim to have been fearful is enough to justify considerable violence in self-defence without consideration of whether the fear was reasonable and the response was proportionate. I think the cases speak for themselves, like the recent mistrial over Walter Scott’s death. Then there is also the contrast between the fates of activists such as the Bundys in 2 armed stand-offs that resulted in 1 death and some relatively lenient sentences, and that of Philadelphia’s MOVE in 2 armed stand-offs that resulted in 9 life sentences, 11 members killed (5 of them children) and 65 neighbouring houses destroyed. Then there are the “Green Scare” victims whose political crimes (animal rights or environmental) were upgraded to “terrorism” leading to decades-long sentences.

Like all historical parallels, one should not read too much into specific details. No militias in the US have slaughtered thousands of leftists, but then in other ways, such as the persistent overtness of extralegal killings, undeclared wars, torture and indefinite detention, the US can be seen as already having more than a foot in the post-Weimar stage of this analogy.

Chapter 2. 3rd Reich 1933-38 – Ostensible Diversity

The early years of Nazi rule in Germany are a rich source of uncomfortable similarities to the 21st century US. As with the Weimar period, when we look at the first years of Nazi rule we tend to pick out the things that retrospectively we know foreboded the mass-slaughter that would follow. At the time, however, only a minority of alarmist types, mostly but not exclusively from the left, suggested that Nazism was especially frightening. Even the German Communists (probably because they had seen thousands murdered under a “Social Democrat” led government) initially viewed Nazis as being just another bourgeois but promisingly deranged expression of the bankruptcy and impending collapse of capitalism.

The really disturbing thing about early Nazi politics is that they managed to mobilise and energise with racism and hatred, but yet always left room for people who didn’t like racism and hatred to live in denial about it.

When Hitler became Chancellor most people expected him to just carry on as normal. He didn’t, but to most people it was just a series of events. You know, one thing after another each explained as purely relative to the events of that week. As the Nazis systematically eliminated rivals and seized control of the entirety of the state, the number of people truly alarmed by Nazism did not swell by as much as you might think. Instead, the abnormal became normalised. Political opponents were taken into “protective custody” and put in camps such as Dachau. Treatment probably depended on how important and defiant the prisoner. Some were released quickly, others were “shot while trying to escape”.

Hitler, by the way, was not greatly concerned about where people were on the political spectrum. He simply wanted to destroy all political forms of social power that he did not have absolute control over. This would come to include rival Nazis.

The result was that for most people Nazis were just the German governing Party, almost synonymous with government itself. Nazis who emphasised anti-Semitic views, for example, were part of the political spectrum just as they had been in the Weimar Republic. As a result, lots of non-ideological people joined the Nazi Party. In fact, even before Hitler’s ascent to Führership, members were diverse. Humans often like to fool themselves. Politicians know by instinct to leave people enough room to be idiots.

Despite some very glaring and repeated violently anti-Semitic speeches and writings by individual Nazis, at the time of the pogrom called Kristallnacht (November 9, 1938) most Nazis (including some of high rank) and the vast majority of Germans were opposed to the persecution of Jews. There is a strange tendency for people to tolerate, nod along and even applaud extremist rhetoric, admiring its emotional intensity, yet not really agree with the actual textual content. It has certainly often been true of fire-and-brimstone preachers. It is cathartic to watch passion, but unfortunately when it is political speech, such as Trump or Alex Jones, there are different levels on which it works. Different people are receiving very different messages. The same is true of Joe Biden’s speech which began with him asking the audience to “stop and think” but ended in final moments which amounted to jingoistic yelling. Most people seem to see it as a rejection of Trump’s extremism but Biden’s own extremism seems almost invisible to them, and that is a very dangerous situation.


Chapter 3. 3rd Reich 1939-45 – The Poison Surfaces

It was the War that brought the real essence of Nazism to the surface. As is so often the case, the guiding force of Nazism was not what most Nazis believed, but rather what the most extreme Nazis believed.

One alarming thing about the current “alt-right” is that they fit a similar pattern to the Nazi Party. All post-WWII Neo-Nazi organisations have highlighted extremist racial and nationalist politics. To be a part, you must embrace an overt politics of race. The frightening thing about the alt-right is that it is more like the original Nazi Party. Many alt-right people are in complete denial about the underlying racism and they are willing and able to overlook the fact that their movement attracts violent racists. For them Trump is the person who stopped the TPP and, unlike Clinton, was not openly campaigning on creating a no-fly zone in Syria which would have caused mass deaths and may have triggered war with Russia. To liberals that complain about racism they might reasonably answer that Trump actually disavows racism, but Clinton, in openly campaigning to bomb other countries, is a much deadlier and more real racist.

The alt-right are just a manifestation of a deeper and wider acceptance of racist violence. Clinton and Trump actually both sow and reap a deadlier racism, the general US belief that the lives of foreigners are not very significant and that the mass killing of other peoples is just business as usual. The US has created such a strong narrative of exceptionalism that, although the US public is usually consistent in rejecting anything presented as a new war, they accept perpetual war without question.

The Nazis left people room to be able to deny the full horrors of what was happening while also leaving them as much room as possible to support abstract and sterile principles that promote genocide. They didn’t ask people if they wanted to kill millions and million of Poles, Russians and Jews. They asked them whether they wanted to make Germany great again, while incidently scapegoating and stoking fears of the Bolshevik and the Jew. When Robert Jay Lifton interviewed doctors who worked at Auschwitz he found that though they had never expected Nazi exterminatory rhetoric to become a real programme of extermination, they felt that it had somehow prepared them for confronting the realities behind the verbiage.

The most important thing was that the Third Reich could count on ordinary Germans to carry out abominable acts when called upon to do so. The eponymous Ordinary Men of Christopher Browning’s historical account were a police battalion who were detailed to massacre Jews in rural Poland. 80 to 90 percent became mass-murderers when they could have chosen not to without facing punishment. Counterintuitively, this was not related to ideological fervour, but rather to habits of obedience. Germans had been made into a deeply authoritarian society.

Contrary to most people’s expectations, what we know of genocide is that it tends to be fostered by war, and that instead of being caused by extreme racial hatred it is more true that genocide causes extreme racial hatred, although, of course, the seeds must already be present. The US has the seeds of many forms of racial hatred and is now heading into a period where a minority that feels empowered in their racial hatred because they believe they have been validated by the Trump campaign. Just as concerning, though, should be the equivalent cult of personality towards Clinton. On pure factual grounds, because she has such a long political history, she was not a credible vessel of progressive ideals. However, a large number of people reacted to Clinton in an authoritarian manner, creating a false image of an immaculate icon of feminism, equality, solidarity and progress that was utterly at odds with her known public record. People even left signs on her street to thank her at thanksgiving time, though, if you think about it, it is very difficult to pinpoint what people are thanking her for. Her main qualification for most people may be that she is not Trump, and yet her major achievement of 2016 was to help get Trump elected.

The US has long been a particularly authoritarian country if judged by the RWA (right-wing authoritarianism) scale. More notable than its higher than normal median scores on the scale, is its skew towards extreme RWA scores. No single measurement can predict the destiny of an individual or a nation, but the US has a great potential for mass violence which has already found expression in massacres in Korea and Viet Nam. Behind this is a tendency to live in myth that is growing greater over time. For GI’s in Viet Nam the figure of John Wayne was important to a degree that is hard to grasp from our perspective, but the US is constantly re-imagining the macho hero with an almost demonic intensity.

Now the Demigod is not the cowboy, it is every person that dons a US military uniform. On the increasingly significant “Pearl Harbor Day” Trump tweeted about the thousands of “heroes who selflessly gave their lives”. This is a completely irrational way to characterise those killed in a one-sided surprise attack. This mythology incorporates a dangerous martyr obsession. Aggressive militarists, including but limited to the Nazis, are often steeped in hypocritical sentimentality. They wail and obsess over those of their own killers who fall to the violence of their enemies. The Nazis had Horst Wessel, but the US has legions to choose from: the Alamo; the Maine; Pearl Harbor; 9/11; Chris Kyle; the fictitious POW/MIAs in Indochina and their fictional rescuer John Rambo. In fact it is hard to escape the constant repetition stories, images and simple assertions of military sacrifice.

The Western world, as a whole, seems to be rapidly becoming more authoritarian. The “post-fact” nature of contemporary politics is a symptom of this. Whether this is purely the result of changes in technology or not, we are entering a time when belief is determined by group affiliation and deference to the position taken by a leader, rather than by reason or evidence. Globally we have seen a rise in anti-intellectualism and nationalist fervour. In some respects it is not just the US, but half of the world that is showing distressing fascistic tendencies.

Meanwhile the only prominent countervailing ideology that makes a claim to internationalism is neoliberalism. As I will show it is not internationalism, it is a Trojan horse for imperialism abroad and plutocracy at home. The false conflict against neoliberalism evinced by “populist” economic nationalists like Trump is no different than the fake isolationism shown by Bush and Trump. It is just a different PR approach to selling the same policies of war and imperialism, but I am getting a little ahead of myself….


Interlude – Old Lager in a New Stein

Much of the current symbolism and ritual in the Olympic games was created by Nazi ideologues and it remains with us today, echoing their idealised notions of nationality and physicality. It is quite creepy when you think about the Nazi minds and ideals behind the familiar Olympic rituals. I cannot help but think that the persistence of Nazism here is a token of something deeper and broader.

After WWII, pro-Nazi Western elites were still as powerful as ever, just a bit more circumspect. Ordinary people among the Western Allies had always been fairly solidly anti-Nazi and became far more so during the War. The rich and the powerful, on the other hand, had a much more sympathetic view, with many being unambiguously pro-Nazi. Without Western financial support it is doubtful that Hitler could have attained and consolidated his control of Germany. Western “neutrality” in the Spanish Civil War was also de facto support of the Fascist cause and helped Nazism.

Then the French and British betrayed their allies in Czechoslovakia by effectively gifting their country to Germany (Poland also took a slice of territory, after refusing to allow Soviet forces to cross Poland in order to defend Czechoslovakia). Perhaps the most grotesque aspect to this obvious Western ploy to foment war between Germany and the USSR, was the way they harnessed people’s fear of war and created a historical narrative of the Munich agreement representing ill-advised “appeasement”. Without being being betrayed by neighbours and allies, Czechoslovakia could not have been conquered by Germany. World War II as we know it could never have happened.

After the war the US and UK protected and recruited many Nazi war criminals with the OSS and SIS being key organisations involved in the “ratlines” that smuggled Nazis out of Europe. The US recruited Klaus Barbie, best known for his expertise in torture, and sent him to South America to help in anti-communist efforts. They also recruited Reinhard Gehlen, German head of counter-intelligence in Eastern Europe, who re-constituted his anti-communist intelligence network.

Anti-Semitism was no longer prominent, but the US military and intelligence organisations, and a significant part of the foreign policy establishment, were soon singing from a very similar songbook to that used by the Nazis. The ideology was a racially informed anti-communism: Russophobic; deeply racist towards Asians; unthinkingly and unquestionably white supremacist. The CIA was not just white dominated it was the province of rich Anglo-Saxons. Anti-communist campaigns in Latin America, the Philippines, Greece, Indochina, Korea and elsewhere were carried out with great brutality, with torture, and with massacres.

I have written about this previously in more detail but it bears repeating that Fascism and Nazism were not exclusive of liberalism, and the liberalism promoted by the US in the 3rd world was clearly fascistic. In Indonesia hundreds of thousands were brutally murdered to institute a US backed regime that was authoritarian and corporatist, and yet open to US capital and praised for being “moderate” and “liberal”. US clients like Nguyen Cao Ky and Ferdinand Marcos openly expressed their admiration for Hitler. The Argentine Junta targeted Jews for disappearance, torture, and death. Their security personnel were anti-Semitic and had pictures of Hitler in their torture chambers (where they used electrical and water torture techniques developed by US forces in Viet Nam). Milton Friedman stood shoulder to shoulder with Mussolini and Hitler in a country that where “nationalist” militarists in actual jackboots sold their own country to foreign capital.

The other side to this, as Michael Parenti has pointed out, is that Fascists and Nazis were actually free-marketeers. In fact in the Economic History Review Germá Bel explored the privatisations of the public sector in “National Socialist” Germany, the first of their kind. The Nazi Party, which repeatedly campaigned on promises to nationalise industry, was actually the first to indulge in mass privatisations of the sort that would later occur under Thatcher and Pinochet.

Nazi war, oppression and genocide were all explicitly undertaken for reasons of imperial expansion and control. In the Third Reich, the word “Reich” was explicitly used to mean empire. During the Cold War, US imperial activities replicated all of chauvinist brutality and the nationalistic and racially informed violence of Fascist or Nazi imperialism. There were no extermination camps with cattle trucks packed with those slated to die, but there were concentration camps. There were people lined up in hundreds in front of mass graves, shot, and thrown in with the dead and dying; and there were villages, towns and even entire cities of people incinerated by carpet-bombing. Perhaps we can agree that this was not as bad as what the Nazis did, but that is a bar so low as to be almost meaningless.


4. Cold War 1945-90: Schizoid home-front

Those who served in World War II went home determined that they would not be treated as poorly as those who came home from the previous World War. In the UK there was a landslide victory for Labour just 2 months after VE Day. During a very challenging post-War period of shortages and demobilisation, Labour created the NHS and a social welfare state that ensured that the vast majority of people had a reasonable quality of life.

In the US the “GI Bill” and a booming economy created an unprecedented upward mobility. In the US, UK and indeed globally an economic “golden age” coincided with a democratic spirit and expectations of fairness. Income and wealth became more widely distributed and many would argue (most prominently Thomas Piketty) that the drop in inequality was a major contributor the coincident economic growth and stability.

In foreign policy, however, extreme violence and brutality were commonplace and explicitly racist. For the colonial powers the violent repression of independence movements led to massacres, torture and the use of concentration camps. The violence of security forces in Algeria, Kenya, Yemen, Indochina, and elsewhere was horrific and undeniably racist. British “Tommies”, for example, did not hide their loathing for Arabs, Africans and Asians. While Clement Atlee’s Labour government made their own country less cruel, British troops were torturing in Aden and massacring in Malaya. When countries did win independence their former masters did as much as possible to wreck them, destabilise them, and leave them as dependent neocolonies.

In the US life was headed towards a consumerist idyll. Baby-boomer children would grow to become teenagers, and in doing so would create iconic narratives of ideal childhood and adolescence that still resonate today. Meanwhile the young men sent to occupy Korea were prolific thieves, murderers and rapists. Their “civilised” upbringings meant nothing when they were sent to garrison a country whose people they regarded as contemptible. Before the Korean War broke out in earnest tens of thousands of civilians were killed by US troops or US-led Koreans when suppressing uprisings in Jeju Island and southern districts. When war broke out, under US guidance politically suspect persons were massacred. First was the Bodo League massacre of up to 300,000 people registered for supposed leftism. Then in each town recaptured from communists throughout the peninsula many of those deemed to have collaborated were also killed. Massacres also continued in areas of guerilla activity. No one knows how many died in this manner, but the US was also carpet-bombing every significant North Korean town. They killed millions of civilians. Meanwhile, on the homefront (such as it was) people were listening to Perry Como and probably drinking chocolate malteds at milkbars with bobby-soxers. It was like a parallel universe.

There is yet another unsettling similarity here with the Third Reich. Hitler himself was a great believer in the ideal of not placing German society as a whole on a war footing and the regime managed to maintain the illusion for some time. In the post-War era this disconnection between a pacific and comfortable Western domestic population and bloodily murderous interventions in other countries became a social insanity. It created a weight of cognitive dissonance that over the years made young people, including some of considerable privilege, rebel. This would come to a head in the late 1960s and early 1970s.

US public opinion had actually turned very decisively against the Korean War by its end, but that did not create social upheaval. The US made a big mistake when fighting in Indochina because they vastly elevated the perception of risk and national involvement. People did not turn against the war purely because of the bodybags of US personnel returning home. Objections were varied and covered a range of political and moral grounds and certainly shouldn’t be reduced to a purely chauvinistic concern over US lives. The mistake the US regime made was in maintaining very high levels of recruitment and conscription. During the period of 1965-73, which to Usanians is the “Vietnam War”, more than 20 million personnel entered the armed forces. Of them, 5 million were sent to Viet Nam. Of them 500,000 served as combat soldiers. This vastly magnified the degree to which people felt that they were connected to the conflict personally. Very few people in the country would not have faced a realistic possibility that someone close to them might end up fighting in the War. 500,000 combat troops is actually quite a lot, and the other 4.5 million sent to Viet Nam were not necessarily safe from harm. It was almost like they were experimenting to see if a high perception of risk to loved ones might galvanise public support for the War. Their enemies in the People’s Army of Viet Nam (PAVN) and the People’s Liberation Armed Forces (PLAF) were apparently concerned that this might occur and always concentrated on inflicting casualties on South Vietnamese Army of the Republic of Viet Nam (ARVN).

Instead of galvanising the public in support of the war the sense of involvement sent the US into civil fracture and disruption. They learnt the lesson that any student of Roman history could have told them – you can’t use citizen soldiers for obviously imperial purposes, only for times when they really do believe in a threat to the homeland.

In contrast, using professional troops and local proxies the US had been able to militarily dominate the entire Western Hemisphere for over a century. Between 1965 and 1973 (just a small slice of ongoing interventions) they invaded the Dominican Republic; sent Green Berets to aid in the genocidal “counterinsurgency” in Guatemala; set up the ORDEN death squad organisation in El Salvador; overthrew the government in Chile; and supported a military coup in Uruguay. The level of death and destruction was not as high as in Indochina (where the US killed millions) but this was part of an ongoing interventionism. There would be moral objections, outrage and activism against these acts, but there was never the same threat of civil strife that was prompted by involvement in Indochina.


Interlude II – The Right-Wing Convergence

As the post-War power of the working class faded; as the Citizen Soldier proved to be useless for empire; as the Washington Consensus tightened its embrace of the hearts of Western technocrats and its grip on the throats of 3rd world peoples; as the Communist alternative seemed ever more bankrupt and hopeless; as all of this happened the elite and hegemonic politics of the West, if not the entire world, has coalesced a glob of ideological mucus. The glob extrudes pseudopodia such as a given political party that claims to be green, or nationalistic, or calls itself a Labour Party, but they are all part of the same glob.

Francis Fukuyama called it the “end of history” and he thought it was absolutely fantastic. Liberalism/neoliberalism is the ruling ideology of the whole planet. People might still have other ideas, but governments do not, they just have flavours.

The odd thing about liberalism is that when it is kept out of power it fights against tyranny in the name of liberty and justice, but once it is on power it support privilege and injustice. It is polluted with a fundamentally conservative core. By making private property inviolate liberalism ensures that there will always be a point where it admits to imperfection and injustice but claims that the cost of remedying such things is higher than the benefit.

Once we achieved the liberal utopia declared by Fukuyama liberalism became at once all powerful and, in another sense, utterly meaningless. Societies must be “managed” within tight ideological constraints. (Neo)Liberalism allows only grudging interventions in order to prevent deaths by starvation or having kids freezing to death trying to sell matches. Those who have the poor taste and judgement to be poor are expected to submit to control in the spirit of the Victorian workhouses. Freedom is for those who can afford it, those who need help must submit to additional regulation and must never receive more than the bare minimum lest they receive pleasure without having earned it. On the other hand neoliberalism is generally more favourably inclined when it comes to spending money on police forces, and it positively loves new prisons (especially private ones), security guards, and surveillance.

When they are in positions of power and influence it is hard to tell the difference between a liberal and a conservative. Take the liberal Henry Kissinger, for example; many call him a conservative but he never went through a conversion. Kissinger was and is an East Coast liberal, like Robert Kagan. Kagan is one of the most prominent neoconservatives and an avowed liberal. (Fukuyama was also a liberal neocon, but he left that club due to a belated attack of conscience.) Victoria Nuland, Robert Kagan’s liberal neocon wife, is an ally of liberal Hillary Clinton and helped engineer the coup in Ukraine under liberal Obama that has given overt Nazis the most power they have had since 1945. The labels have become almost meaningless.

In power liberalism militates against progressive democratic and socialist responses to change or crisis, but it is like a giant loophole for oligarchy, for plutocracy, for imperialism, and for authoritarianism. Right-wing ideologies merely need to transform themselves by adopting a meaningless liberal veneer, and the liberalism becomes the vehicle for their ideology. In truth, though, the espoused ideological distinctions are not really important any more. The glob of ideological mucus has a hard kernel of reality at its core. That reality is that the glob serves inequality. It concentrates wealth and power at all levels. The world it is making is neofascist, neoconservative, neoliberal and neofeudal. These things are not distinct any more. The very rich and very powerful feel beyond the reach of law. They feel they can and should buy and sell the lives of lesser people. They feel that government is the province of a type of aristocracy.

Steve Bannon has said that only property owners should be allowed to vote. Trump’s cabinet picks so far have featured billionaires and bankers like Steve Mnuchin. One of the billionaires, Betsey DeVos, said the following: “I know a little bit about soft money as my family is the largest single contributor of soft money to the national Republican Party. …I have decided, however, to stop taking offense at the suggestion that we are buying influence. Now I simply concede the point.” Her brother is Erik Prince who is infamous for owning the mercenary army formerly known as Blackwater. Remember that Trump was running against the Washington insider.


Chapter 5. “Interventionism”, 1990-2016 – First they Came for the Iraqis…

In 1980 the US encouraged Iraq to attack Iran. They gave false intelligence to Saddam Hussein to convince him that Iran was in disarray after their revolution and that he could quickly seize territory. In the 8-year war that followed 1 million were killed. Whenever Iran had the upper hand the US would intervene to help Iraq. Secretly they also made deals with Iran which by an amazing coincidence helped Iran out when Iraq gained the upper hand. Some officials openly stated that US interests were served by the bloody stalemate. Following an attack by an Iraqi aircraft on the USS Stark in the Persian Gulf the US used the pretext to enter into naval war against Iran.

When the war ended Iraq owed billions to its Gulf neighbours. It considered that it had been fighting to protect the Arab Gulf monarchies from the largely Persian Republican Islamist Iran. Within months of the end of the war, Saddam Hussein made it clear that he considered the US to be an enemy. Iraq’s creditors started putting the squeeze on Iraq. Iraq was caught in a Catch-22 situation because it could not sell enough oil to pay what was demanded without depressing the price to the point where it could still not pay its obligations. Behind the scenes, the US was encouraging the al-Sabbah ruling family of Kuwait to be bold and provocative. They gave them secret security guarantees. By keeping their guarantees secret the US deliberately avoided the very strong deterrent effect they would have had if known. Kuwait began the highly contentious practice of slant-drilling in an oil-field shared by both countries. As instructed by Washington, April Glaspie (who later did a fake mea culpa as if this were somehow her idea) gave an unambiguous guarantee of non-intervention to Saddam. Being suspicious Saddam took the unusual step of publicising the entire meeting with Glaspie. He then invaded Kuwait apparently feeling safe because he had video of a US Ambassador saying: “We have no opinion on your Arab – Arab conflicts, such as your dispute with Kuwait. Secretary (of State James) Baker has directed me to emphasize the instruction, first given to Iraq in the 1960’s, that the Kuwait issue is not associated with America.”

As soon as Iraq was in Kuwait, however, it was a completely different story. To begin with, the Iraqi regime may have been gesurprised that when they invaded Kuwait and killed Kuwaiti soldiers, they were not greeted as liberators (prior to thisKuwaiti anti-monarchist dissidents had sometimes called for unification with Iraq). The occupation by Iraq was undoubtedly unpleasant, but that unpleasantness was magnified into holocaust proportions by a PR campaign by the al-Sabbahs with CIA support and a US government acting as their megaphone. Human Rights Watch and Amnesty International took a lead in promulgating unverified and largely false atrocity propaganda at a time when it was clearly building the case for war. The US created false satellite intelligence to convince the Saudis that Iraq was poised to invade them next and thus get permission to stage “Desert Shield”. They sought and received a UNSC resolution authorising the use of force against Iraq and they unleashed hell on the country: a nightmare that has still not ended quarter of a century later.

The “Vietnam Syndrome”, which meant that public and military opposition prevented the US from waging major wars, was no more. The US had chipped away at it in smaller acts of aggression like the invasion of Grenada in 1983 and the invasion of Panama in 1989. Now, as long as it steered clear of mass conscription the US could send its own forces in large numbers for major acts of conquest and genocide (“genocide” meaning war against people rather than war against an enemy military force). Moreover, it had the ability now to manage the information flows in such a way that the conflicts themselves became a sort of adrenaline rich entertainment that made viewers excited and gave a sense of patriotic righteousness.

Big actions, though, remained a source of ambivalence. Excite people’s interest too much and they start to pay too much attention to the issues involved. The attack on Serbia helped push the boundaries of blatant illegality, but young people were still wont to be discontented. The facts, once known, also tended to be really unsavoury and NATO’s pretences of righteousness, humanitarian intent and unerring precision did not hold up to scrutiny.

9/11 gave a new lease of life to imperialist slaughter, and the US has not wasted it. Once it has a war now, it will not let it go. They are playing for keeps. Once they have visited conflict and instability on a foe they can maintain it indefinitely. There used to be no such thing as a “failed state”. The closest thing would have been Lebanon during the Civil War, a country devised by the French Empire to be a weak constitutionally divided and sectarian dependency, that was destabilised by both Israel and the US. Now “failed states” are sprouting like mushrooms. And behind every single failed or seriously fragile state is some form of US intervention. Somalia, South Sudan, Sudan, Afghanistan, Yemen, DR Congo, Pakistan Libya, Iraq, Haiti, Syria all suffer directly from US intervention, but other places like Nigeria, Kenya and Uganda suffer from neocolonial dynamics that are just as much the responsibility of the US and its Western allies. In normal circumstances those countries that became unglued because of a massive invasion or regime change operation should slowly rebuild in the post-conflict years, but if you look at the highest scoring countries on the Fragile States Index you can see that they are continually getting worse. That is because there is no real post-conflict. Conflict does not end any more.

The desire to turn war into perpetual war is not new for the US. In Korea most of the War was a “stalemate” in which the US controlled the tempo. During this time there was a negotiation process which the US sabotaged in many ways while seizing every demand put forward by the Communists, however minor, and screeching incontinently that it was proof of Communist bad faith. In Indochina the US worked hard for decades to avoid, stall and subvert negotiations, arguably from 1950 until 1975, until finally the US Congress itself rebelled against the White House and Pentagon and refused to fund any further pointless and endless bloodletting by the US puppet regime in Saigon. These wars only ended because the enemy belligerents were strong enough to force an end. This may yet happen again in Syria, but perhaps one of the most saddening aspects of this is that for the targeted countries peace can only come at the price of authoritarianism. It doesn’t have to be that way, of course, but this is not the place for me to argue for an anti-imperialist left-libertarian alternative. Realistically at this point people like the Syrians have no choice but to throw themselves on the mercy of the Syrian government and there is little doubt that they will happily do so if it means an end to war. Having that “choice” makes them luckier than some others.

I very much hope that Rojava can maintain its autonomy. I also support the non-violent resistance movement in Syria in its fight against oppression from both the regime and the rebels. But to those who say that there is a revolutionary alternative to Assad for Syria as a whole, and that I am betraying that by not calling for Western support for his overthrow, I would just like to point out that Saddam Hussein was a more repressive leader but his overthrow did not benefit Iraq. Not only that, the left-wing uprising against him in 1991 was far stronger and more popular than any rebel formation that might be called “leftist” in the current civil war. And what happened to that Iraqi uprising? The US betrayed the rebels and helped Saddam Hussein to destroy them. The reality is that if you cannot support leftists in a way that does not empower the West and/or Takfiri Islamists then you are not supporting the leftists at all. That is not an ideological opinion it is a recognition of unavoidable facts.

As I revise this the last rebel enclave is falling in East Aleppo and people are going into propaganda overdrive. There may be massacres occurring but our sources so far are dubious or already discredited propagandists. Patrick Cockburn had only recently pointed out that there are no reliable sources in East Aleppo, but the same paper that carried his piece just posted an article based on “social media” of activists claiming that they face “a genocide”. One of the viral massacre photos is actually from a music video. Max Blumenthal tweeted “The BBC’s sources in E Aleppo are the four most popular opposition accounts that tweet in English. One is funded by the State Dept.” (The sources are named in an embedded image.) In contrast, over more than a year I have seen a steady stream of photographs of dismembered and starving children from Yemen. The provenance of these pictures is not disputed, the suffering is slow and ongoing and therefore (like that of Palestinians) it is not as susceptible to fakery and exaggeration, but none of these so-called humanitarians has ever seemed to care about Yemenis. They want a dramatic cause that is facile and unharmful to their careers but allows them to feel self-righteous. That is why I feel considerable disgust at words such as Shaun King’s putrid hyperbole: “I often wondered how the Holocaust could happen while so many people watched & did nothing. Aleppo is a modern study in how that happens.” The deep seriousness with which he regards this “Holocaust” can be inferred from the fact that it is a lone tweet; one isolated tweet in the middle of a timeline dominated by the evidently more important topic of Kanye West.

Let me reiterate that I do not know what is happening in East Aleppo. What I do know is that it was inevitable that a “bloodbath” would be reported whether there is one or not. This propaganda will be used to foment war or justify sanctions that will kill Syrians. There is a chance that the Trump administration will launch the newer larger war in Syria that Clinton was tacitly promising, especially if some terrorist act provides a pretext. If not, however, Syria will slowly all be brought under government control. Unfortunately for Syrians they will find themselves in the position that Iraq found themselves in in 1991. Samantha Power has announced to the UNGA that 12 Syrian generals must face war crimes trials (just days before the UK parliament voted 439 to 70 not to hold Tony Blair accountable for lying to them in order to prosecute war against Iraq). When Syria’s UN Ambassador took the floor the US, UK and French walked out in protest before he had said anything.

More recently Power castigated Russia: “Are you truly incapable of shame? Is there literally nothing that can shame you? Is there no act of barbarism against civilians, no execution of a child that gets under your skin, that just creeps you out a little bit? Is there nothing you will not lie about or justify?” For anyone who recalls some of the appalling atrocities known to have been carried out by US supported “moderates”, including the beheading of a 12 year-old, this hypocrisy seems extraordinarily like Power has entirely lost her humanity entirely and become an expression of pure evil. Robert Fisk describes the rebels she supports as: “among the cruellest and most ruthless of fighters in the Middle East.” Yet Power, in this post-fact world, can act as if she were the most moral and perfect human ever created, knowing that she will never be called out by Western media with her hypocritical finger-pointing. The US will use such accusations and their control of the media narrative to impose sanctions on the Syrian people while those who might stand in solidarity with Syria are kept at bay by their dislike of the Ba’athist regime, exactly as it occurred in the early 1990s. History doesn’t repeat, but imperialists like to re-use successful ploys, only tinkering as necessary.


Chapter 6. Clinton, Blair, Obama 1992-2016 – Ostensible Diversity Redux

Living in a pluralistic polyarchy or what we laughingly refer to as a “liberal democracy” becomes much less of a source of self-satisfied complacency when you examine just how narrow the ideologies of the political leaders are and note that they are quite out of alignment with the more diverse ideologies of the populations they are supposed to “serve”. I have previously written about our worrying tendency to destroy Straw Hitlers as a way of justifying the unjustifiable. The fact is that we don’t like to admit that Fascism and Nazism were not ideological monoliths and pointing to differing policy positions on, say, banking regulation is not a sign that the major parties in a polyarchy are actually an expression of democratic pluralism.

Clearly Democrats and Republicans do not represent the breadth of public opinion in the US by any means. On many issues they are jointly in clear opposition to the majority. Their political speech has some diversity, but their actual policies are in a very tight consensus that is not at all related to public opinion, nor to what people perceive themselves to be voting for.

Bill Clinton was meant to be a left-wing alternative to 12 years of Reagan and Bush. Toni Morrison said one of the stupidest things ever said in history calling Bill the “first Black president” because he publicly treated Black people with the same unctuousness that he lathered on people with different skin colours. It was a breakthrough on a par with “United Colours of Benneton” ad campaign, when it was suddenly realised that you could make money by hypocritically appropriating progressive politics. In reality Clinton pursued policies that increased inequality: he supported NAFTA; he enacted welfare reform that set up a “race to the bottom” dynamic which effectively pushed states into miserly, cruel and even economically self-destructive policies; he increased mass incarceration and signed the “Antiterrorism and Effective Death Penalty” act, stating how much he approved of the limitation it placed in the ability of death row prisoners to appeal in court and thus “escape justice”. In cases like that of Troy Davis this has meant that belated exonerating evidence cannot be used to overturn a conviction and, as the US Supreme Court ruled, as long as the law was followed in gaining the conviction it is perfectly legal to put an innocent man to death. Davis was executed in 2011.

The continuation of the racist “war on drugs” establishes a key pattern in creating the fake pluralism in politics. Reagan and Bush had been very overt and loud in their anti-drug rhetoric. Under Bush it reached McCarthyite proportions with photo ops with kids denouncing their own parents for using drugs. When Clinton came to office everyone expected a change in direction from the sax-playing dude who admitted to smoking pot. Surely someone like that could not in conscience imprison people for doing what he had done with impunity? He was actually just the first of the a succession of three Presidents who have admitted to illegal drug use, and no they do not let the hypocrisy of their position bother them. They are politicians and increasingly I feel that they also view themselves as beyond the law. The point with Clinton’s war on drugs was that he continued to accelerate it. The only difference was that he didn’t wave around a white ten-gallon cowboy hat and yell “yee-haw” while promising to clean up the town. In fact, he switched to dog-whistle racism and played on fears, getting rid of Nancy Reagan’s prim moralisation and blurring the issue with the racially informed and fear-based law-and-order narrative that had always lurked underneath. This established a pattern by which politicians could capitalise on backlash against right-wing policies but then perpetuate those policies by merely not drawing the same level of attention to them. Another strong example of this is Obama’s deportation and “border security” policy. More people have been deported under Obama than any prior President and the Border Patrol and ICE now have a combined budget of $20 billion.

Then came Tony Blair. After 18 years of Conservative governments the theme song of Blair’s campaign went “things can only get better”. That is a ballsy way of not promising anything good, but still harnessing a false positivity in a way that foreshadowed Obama’s 2008 campaign. Claiming “things can only get better” does not actually suggest that your party intends to make any progressive change.

Economic “shock” practitioners sweep to power on a wave of panic and then wreak havoc on a society and its economy. They claim that it is analogous to a medical procedure, painful but necessary for long-term health. Then, when the pain of their attacks begins to fade they say “look its working”. It is like predicting that someone will develop a migraine and then hitting them in the head with a brick to “prevent” it and then claiming to have wrought a miracle once the bleeding stops and the pain fades a little. In a sense Britain’s “New Labour” only had to avoid overtly attacking the poor and working class for a couple of years for their campaign song to become prophecy.

After a while, of course, the underlying neoliberalism began to overtake New Labour’s unsustainable pretence of being a “Third Way” of market-friendly socialism. Private finance initiatives and public-private partnerships (PPPs) were not so much a compromise between nationalisation and privatisation as they were a way of giving the wealthy access to tax money and other unearned income (“rents”). They were scams of a sort, but the key is that they did not cause immediate suffering. New Labour were big on deferred pain. Their welfare reforms they laid the groundwork for much cuts under the 2010 Coalition Govt. and the 2015 Conservative Govt. The same could be said of their pro-finance policies, their response to the 2008 financial crisis, and the introduction of quantitative easing.

Under New Labour income inequality reached record levels in 2009-10, but that is a less important consideration than wealth inequality. In sharp contrast to the post-War years, wealth inequality has continued to rise at levels similar to the rise of income inequality under Thatcher. One reason that this is important is that throughout the world inflation has been affecting the spending of the poor more than that of the rich, so the income disparity is lower than the growing disparity in the material condition. One need only look at the costs of housing to know that the stagnant or declining incomes of lower income people actually understate the real growth in disadvantage.

The growing wealth inequality effectively indicates an upward redistribution of wealth. In the US and UK wealth inequality has steadily been growing since 1980 without noticeably changing when different parties or coalitions govern. Coinciding with this change is a neoliberal expansion of state coercive power and tightening of state social support which aggravates the loss of personal wealth. Effectively governments can forestall or accelerate the suffering caused, but the underlying change continues at a fairly regular rate.

Tony Blair was also a driving force behind the bombing of Serbia and the invasion of Iraq. He also eroded civil liberties. Yet many left-wing people still genuinely thought New Labour were credibly less awful than the alternative of staying away from the polls and letting the Conservatives back into power. Blair combined the 2 techniques that allow self-evidently right-wing people to occupy the position that would be taken by the left in an age of authentic politics. Those techniques are fake hope and blackmailing people into choosing the lesser evil.

Obama, of course, was the King of fake hope. In another example of brazen honesty, he did not campaign on real change, or meaningful change, or substantive change, he campaigned on “change we can believe in”. You know, the sort of change that brings Tinkerbell back to life. Change like closing Guantánamo, leaving Iraq, and ending the perpetual war.

Part of the camouflage that has allowed Obama to be the most successful conman of modern history is the constant and often completely insane blather of his right-wing critics. Nothing summarises Obama’s reign better than “Obamacare”. This is like a Blairite PPP taken to enormous and Byzantine extremes. It is not a compromise between two extremes, it is a way of exploiting an unacceptable situation to create another situation which is just as unfair and exploitative but blunts and delays the immediacy of the problem. It is another massive upward redistribution of wealth through giving tax revenue to private interests and creating new rents. It also shows how in practice (neo)liberal politics will happily contravene core liberal principles – in this case by forcing customers to buy products from a private vendor or face the coercive force of the state. This is actually a common product of the neo-liberal practice of privatising or subcontracting state functions, but in this case the money involved is a great deal more than, say, sitting a driver’s license test.

These false alternatives to the pro-corporate, pro-war, pro-inequality right-wing have had such effective PR that there is very little that a Thatcher, Bush or Trump could get away with doing that they could not. Hillary Clinton, however, really shifted the goalposts because she did not make much of a pretence of being any sort of leftist. Her administration would have had less overt militarists, but she herself was the more clearly hawkish of the 2 major Party candidates.

I do not think people are really offered alternatives in US Presidential politics, except in as much as a politician’s persona creates expectations that must not be transgressed too violently. That was why it was vitally important that Kerry no be allowed to win the 2004 election, because there was a serious expectation that he would end the Iraq War and the price of him not doing so would have been huge. With Clinton, though, there really are no expectations of that sort.


Interlude III: The Crooked Hillary Paradox

If you ever really believed that Trump intended to appoint a special prosecutor to look into Hillary Clinton’s crimes then you need to re-examine everything you believe about politics. Even in more politically authentic times, politicians tend to view each other as peers regardless of which side of the aisle they sit on.

US presidential politics takes the normal disingenuousness of politics and elevates it to the level of farce. This occurs through the increasingly protracted and expensive process that begins with people announcing their candidacies nearly two years before the election. Then follows a bizarre spectacle in the primaries where people who are of the same Party do everything short of accusing each other of being the Antichrist. Then they either suddenly fall madly in love with their former enemy when the issue is decided, or they try to maintain fierce enmity but slowly back away from it because they have to re-establish the notion that they are on the same side. If it was pitched as a fictional melodrama no one would accept it because it is too unrealistic, yet journalists build their entire universe around taking the whole thing at face value. If one was to make a realistic fictional narrative of it you would probably have to suggest that 90% of the protagonists are lying 90% of the time. The central characters would, of necessity, only be able to succeed by an ability to maintain a sustained complex deception. In those circumstances the only people able to succeed in politics would be highly professional showpeople.

Much was made of Clinton’s lack of charisma in this campaign, but I think that that is largely a cover story for how much people are revolted by her insincere politics. She is a professional politician and she knows how to ingratiate and sell herself. She is probably not up to the same standard as Obama or her husband, but it is clear that she knows how to make the common folk feel special and to make them feel like she is really concerned about their well-being. The tears on election night showed that she does have cult appeal. I don’t think anyone cried when George H. W. Bush lost to Bill, to name just one example. There have also been “touching” reports of her meeting people whilst walking or buying books.

Trump is a slightly different kettle of fish, but he is a celebrity, a showman and a salesman. He also makes his money by selling himself. This is not dissimilar to being an unctuous glad-handing baby kisser, it just means that Trump doesn’t have to rely so much on sucking up to the peasantry. The point is that he is equally calculating. He also has a long-standing relationship with the Clintons. Trump believed Bill was a kindred spirit and he courted the couple with donations and bonding over golf. Some call the relationship “transactional” rather than genuine friendship, but that is neither here nor there.

After months of talking about “crooked Hillary” and rallies chanting “lock her up”, Trump ruled out appointing a special prosecutor immediately after being declared the winner of the election. This is significant, because he is using a crucial time and burning political capital to end calls for an investigation of alleged crimes by Clinton. This tells us that Trump was treating the campaign as theatre. His relationship with Clinton therefore seems much the same as that he has with wrestling impressario Vince McMahon. 9 years ago, after body slamming him and yelling a lot, Trump acted out a scene in which he “forcibly” shaved McMahon. Yet they still play golf together, and after Trump’s grandiose WWE style entrance to the RNC, Trump remarked: “Well, Vincent’s a good friend of mine. He called me, he said, ‘That was a very, very good entrance.’ But I didn’t want to do it a second time, because, you know, it never works out the second time.”

The net effect of Trump’s calls to investigate the Clintons has, in fact, been to virtually guarantee them impunity. In the mainstream media they really hammered home the idea that threatening to have an electoral opponent imprisoned is unacceptable. That is crap. It may be disturbing to have a bunch of Trump supporters yelling “lock her up” in hateful unison, but not one of those people was saying that she should be locked up for her politics. They all believe that she has committed serious crimes. The reason for that is that there is ample evidence that she has. The revelations in Clinton Cash are a prima facie case of “pay to play” corruption which clearly warrants investigation. The email scandals, no matter which way you slice it, saw Clinton at the very least perjure herself before Congress. And then there is Haiti. The scale of suffering caused by the Clintons wrongdoing in Haiti is on the level of crimes against humanity. Once again there is ample prima facie evidence of criminality that warrants investigation and prosecution.

As we prepared for a predicted Clinton victory the buzz about crimes and the possibility of prosecution had gotten to such a level that it seemed inevitable that President Elect Clinton would have been given a pardon by Obama so that she did not have old business hanging over her head as she entered office. It is very hard to see how things could have worked otherwise. Yet the way things worked was almost like a win-win situation for Trump and Clinton. Without Clinton, Trump could not have won the Presidency, but although she lost Clinton is by some magical process no longer the subject of legal scrutiny, at least for now. How is that for “transactional”?


Chapter 7a. Trump PEOTUS Nov 2016-Jan 2017 – The Rise of the Straw Nazis

For Trump, the alt-right, the Neonazis, the Klan and the swastikas are just props in his theatre. He played the baddy in a wrestling match called the 2016 election and, whether by design or by accident, he won the bout. Should we be reassured that Trump isn’t really earnest in his fomenting of violence and hatred? Is there an authentic Trump that will ensure that common sense and civility prevail? Is it a good sign that he is choosing such an establishment friendly team to make up his administration?

There is a video from Trump’s acceptance speech when Trump’s evidently tired son Barron is shocked into wakefulness by a loyal Trump supporter shouting “kill Obama!” When you incite hatred you are always playing with fire. European rulers of the Medieval and Early Modern era would often continually incite anti-Semitic envy for policy reasons, only to have to send in troops to quell the resultant pogroms (which kill and destroy valuable subjects, their property, and their enterprises). The Jews who were slaughtered would not have been comforted by knowing that the lord or monarch didn’t support their actual killing and would have preferred if it only went as far as spitting or the odd beating.

At least, you might think, we can be assured that Trump is a fake in that he isn’t going to start putting skinheads in uniforms. There is not going to be a “Trump Youth” organisation teaching children to hate and to sell real estate. It should be comforting, but I can’t help but feel that it is not enough. Trump is clearly and deliberately evincing little fascist tics, such as when he retweeted a Mussolini quote and then happily stood by his endorsement of it. That is not politics as usual, that is a deliberate provocation.

I have already mentioned the way Trump’s incitement of violent ideologues echoes Fascist and Nazi use of deniable and disposable thugs, but we can get into even more disturbing territory by pursuing possible parallels with Hitler. I am not saying that Trump is Hitler, I am saying that we are wrong to be reassured that he is not Hitler.

A common understanding of Hitler is that before he seized control of Germany (and then again before he launched WWII and exterminated most of Europe’s Jews) people did not take him seriously enough. That is undeniably true. They say that people thought he was not earnest in his hate speech and then they were surprised when it turned out that he was earnest. This, unfortunately, is not as simple as it seems. In fact, distinguishing what Hitler did and did not believe is not that easy. He was very consistent in trying to concentrate power in his own hands and he clearly wanted to strengthen Germany and he must have believed in eugenics. There a probably quite a few things you could pinpoint that he believed in, but I suspect that his grand vision was much simpler than people believe and much of what he said and wrote was in a more grey area where he did not necessarily distinguish between truth and falsehood. Most obvious was his business and finance friendly policy. He eliminated all ideological rivals, but would happily allow others to wield power and co-operated with the military, financial and industrial establishment (who were equally amenable until the war started to go badly).

Perhaps the most striking and disturbing thing about Hitler is that his attitude towards Jews was not as simple as his action and rhetoric would suggest. Writing in the Journal of Genocide Research (2:3 pp 411-30) Gunnar Heinsohn reveals that Hitler wrote to Martin Bormann: “We use the term Jewish race merely for reasons of linguistic convenience, for in the real sense of the word, and from a genetic point of view there is no Jewish race.” Heinsohn also points out that before he discovered and joined the clearly anti-Semitic Nazi Party in its early days, not only did Hitler leave no record of anti-Semitic sentiment but he did on some occasions show respect and admiration of specific Jews. Once he was in power though, hatred of Jews was his most powerful weapon. As Karl Schleunes wrote: “It was the Jew who helped hold Hitler’s system together…. The Jew allowed Hitler to ignore the long list of economic and social promises he had made to the SA, the lower party apparatus, and the lower middle classes. By steering the attention of these groups away from their more genuine grievances and toward the Jew, Hitler succeeded in blunting the edge of their revolutionary wrath.”

That is what scares the shit out of me, because someone like Trump could easily set in motion the same type of process. When people unleash a political dynamic they will adapt themselves to it rather than challenge it, even when it becomes dangerously dysfunctional. It is bad enough when this happens in the form of an economic bubble or metastasising corruption, but when fear and hate shape that political dynamic it is potentially disastrous.

Trump will probably make political capital out of repudiating overt Fascists and Klansmen, but in knocking down those straw Nazis he will give himself even more space to foment xenophobic fears and to stoke the resentments of those who think that the US is being pushed around, men are under attack, and/or white people are being persecuted. And while he is doing that, how much more militarised will the police become? What new wars will be launched? How much more extensive will mass surveillance become? How much more fearful will ordinary people become of political dissent, or flag-burning, or disrespect of authority? How many more civil liberties will be lost?

All that needs happen for the Trump Presidency to become a danger to humanity is for the power of the US government to become reliant on promoting the hatred of an enemy to forestall growing discontent.


Chapter 7b. Clinton PEOTUS Nov 2016-Jan 2017 – The Rise of the Straw Nazis

Almost everything I said about Trump is also true about Clinton. As the possibility of a Clinton and Democrat landslide seemed to become more likely she became ever more scary. Nor would her election have prevented the continuing rise of unabashed right-wing extremists. In a parallel universe where Clinton won there may have been an even greater explosion of misogynist, Nazi and racist actions. Her response would have been the same: repress the overt Nazis but keep transforming the country into a paranoid, nationalistic, authoritarian dystopia that would make any Nazi green with envy.

What a lot of people don’t understand is that some Trump supporters genuinely saw him as the lesser evil. I have written about this before, but it bears repeating that because of Clinton’s record in government, those who argued for Trump as the lesser evil generally had far more concrete and immediate evidence to back their claims.

Clinton is symptomatic of an establishment that is every bit as off-the-rails as Trump. In fact, either Trump or Clinton could only ever be the tip of an iceberg. The type of fascistic governance that Sheldon Wolin called “inverted totalitarianism” has grown to the point where it is flipping over into the normal territory of fascism with leader worship; flag worship; political violence; intolerance; militarism; scapegoating of internal and external enemies; inequality in law; fraudulent elections; fearmongering about national and personal security; and obsession with crime and punishment. The thing that most distinguishes current US from historic fascism/Nazism is the continued embrace of pluralism and tolerance in gender, sexuality and lifestyle. That tolerance itself is fuelling a hateful backlash that might at some stage produce a Joe McCarthy-like figure and all of the liberal elites will fall in line with new norms of intolerance.

Meanwhile the “post-fact” nature of current politics is making the US public even less connected to any rational grasp of a just and ethical foreign policy. In the past, when launching wars against Laos, Cambodia, Libya, Serbia, Iraq, Afghanistan and even tiny Grenada, the US would have to create complex fictions full of convoluted reasoning and numerous lies in order to justify going in to other peoples’ lands and killing them in mass numbers. Clinton, on the other hand, just said outright that she was going to impose a No-Fly Zone on Syria right in the middle of a live debate. Waging a war of aggression (namely war that is not in self-defence) is the supreme war crime, but it is actually a war crime to threaten to wage a war of aggression also. Clinton committed a war crime live in front of tens of millions of viewers and nobody seems to care.

I can understand how in circumstances of instability the US can get away with sending in its forces and ignore the protests of diplomats from the victim country, but I really think that a line is crossed when threats like this are treated as completely unremarkable. I think that people oppose war in general, and launching WWIII in particular, but rightly or wrongly I don’t think that Usanians really feel that they are personally at risk from war. They should be more worried because, like Trump’s, Clinton’s behaviour is not politics as usual. As I have said before, her NFZ claims made Trump’s wall claims look modest and extremely rational.


Epilogue – Welcome to Trumptopia

“I have spent two years making a documentary film, The Coming War on China, in which the evidence and witnesses warn that nuclear war is no longer a shadow, but a contingency. The greatest build-up of American-led military forces since the Second World War is well under way. They are in the northern hemisphere, on the western borders of Russia, and in Asia and the Pacific, confronting China.” – John Pilger

Even before taking office Trump is putting his stamp on domestic and foreign politics. In retrospect a pessimist might say that the election was about whether WWIII would be launched in Syria while trying to ensure that China remains neutral or whether it would be launched in the South China sea, while trying to ensure that Russia remains neutral.

Trump has already taken Richard Nixon’s “Madman Theory” to new heights. By the time he takes office we will all have to be genuinely concerned (at least on some level) that a 3:30am tweet will be the first quantum event in a chain-reaction that will lead to nuclear annihilation.

Trump’s provocations of China are truly dangerous, but there has been considerable calculation and planning behind this. His call with Taiwan’s President was planned months in advance and, while the Obama administration makes insincere apologies through the ironically named Josh Earnest, it is a fairly obvious next step in the process of creating a threat to China that Obama began 5 years ago.

As John Pilger reveals (in the article quoted above) the US has serious plans for how to fight a war with China, and it shows no signs that it is accepting the new global economic realities. Trump tweeted: “Did China ask us if it was OK to devalue their currency (making it hard for our companies to compete), heavily tax our products going into their country (the U.S. doesn’t tax them) or to build a massive military complex in the middle of the South China Sea? I don’t think so!” The scary thing is that no one seems to think this is odd, let alone unacceptable. Trump has hundreds of millions of mirror-blind chauvinist nationalists behind him, totally incapable of imagining what it would be like if the situation was reversed.

When the US was at war in Viet Nam, protesters, including Vietnam Veterans Against War, would openly avow support for the National Liberation Front in South Viet Nam. People would chant “Ho Ho Ho Chi Minh! Ho Chi Minh is going to win!”. That level of ideological and psychological freedom does not exist in the US any more. They have become exceptionally good at constraining what is acceptable thought and in co-opting dissent so that to “protest” a dissident must first wrap themselves in the flag and rap the praises of the founding fathers for a good couple of hours before suggesting that it is wrong to oppress people.

If it were the US alone that might be less alarming, but we seem to be all caught up in this madness. Countries that are far more closely tied to China than to the US, such as Australia and Aoteraoa, are happily obeying the commandment to aggravate and alienate their biggest trading partner. Western countries are so obsequious to the US that it barely possible to explain how hypocritical our government’s have become, or even to remind people what happened 5, 10, 20 or 50 years ago and how it might suggest that US foreign policy is actually insupportable and the US and its allies have no moral standing to criticise others. Even when the public do not buy into the insanity, as the Germans do not with regard to the wisdom of sanctioning and provoking Russia, their leaders do it anyway.

Meanwhile, Trump’s appointments are very alarming. They have been the one thing so far that really has made me doubt my previous conviction that Clinton was just as scary as Trump. (In the end I have to remind myself that “reasonable” people like Colin Powell, Wesley Clark, or Zbigniew Brzezinski kill as many people as overtly unreasonable people.) Trump has picked 3 Generals for his cabinet. General Flynn is most striking. His overt Islamophobia exceeds that of Mattis. He tweeted: “Fear of Muslims is RATIONAL: please forward this to others: the truth fears no questions… http://youtu.be/tJnW8HRHLLw” The video he links to, among other interesting things, seems to suggest that there has never been anything problematic in the history of relations between Christians and Jews, nor Hindus, Sikhs and Buddhists. It implies that religious violence is a purely Muslim phenomenon which is presumably the only reason that the US needs to send so many troops to countries with oil.

Trump has also followed in the footsteps of Fascist and Nazi populists by campaigning as the anti-establishment figure and then empowering the establishment, though now with him firmly at the top. Even before appointing Rex Tillerson the net worth of Trump’s cabinet after roughly half of the positions were filled was $14 billion. In contrast the first George W. Bush cabinet, which was at the time considered corrosively moneyed, was worth $250 million.

These are dangerously decadent times. A tweet from Trump wiped $3.5 billion from the share value of Lockheed Martin. This is doubly insane because Trump is not going to be able to alter the F35 contract and because if the whole deal wasn’t incredibly unsound Trump’s tweet would not have an impact. Trump’s tweet is 5 years too late to make a real difference and yet it still makes a real difference to the tune of $3.5 billion. The post-fact world reifies fiction, giving lies a magnified reality while the truth shrinks into insignificance. Ned Resnikoff believes that Trumps incessant lies serve the purpose of destroying the distinction between truth and falsehood. Lauren Duca makes a similar point, suggesting that Trump is “gas lighting” the entire country – a type of abuse where the victim is controlled through deception and isolation. But like so many other things this is not just about Trump. Many of those who dislike Trump and abhor his election are happily re-bleating the baseless CIA claim that the Russians changed the election result by hacking the DNC. These idiots, these sheep, seem to be totally unconcerned that by blaming a Russian “hack” they are endorsing the DNCs right to commit wrongful and anti-democratic acts in secret and they are saying that revealing those acts is an assault on democracy. Both Trump and Clinton are guilty of serious wrongdoing, but instead of examining their real crimes hordes of factionalised morons rant at each other about #Putin and #Pizzagate.

The US is a society that seems on the edge of disintegration or descent into much tighter authoritarianism and many other countries will be pulled in the same direction. The US empire is probably unsustainable, but even it it can be sustained it should not be. The problem is that the dying empire poses a huge danger. The people who have the most power in the empire have done horrible things to all of us, including friendly and allied nations. Client elites, even in the poorest nations, have done well, but not the people. Nor have the US people been treated well, and that is fuelling resentment. If the empire starts to fuel its dying embers with the resentment of its own people, and with the resentment of the right-wing and racist people of other Western countries then we are in big trouble.

We all need to do something about this and the answer is the same in all countries, including the US: We have to get rid of the fake left.

We have to stop tolerating those who forget principles even though we understand that the media will make them pay for remembering those principles. We have to stop giving a pass to those who promise only to be the lesser evil. We have to demand a politics that does not compromise and that does not allow itself to be bribed into abandoning our fellow human beings because they are distant and foreign. Get angry at politicians and make them accountable for everything they do and say. Demand an end to war and to militarism. Stop buying into narratives that make it seem normal or even humanitarian to kill other people in their own countries. If you think Nazis are bad and racist, then you must demand that Westerners stop killing people from poorer nations because that is the most brutal form of racism.

We have already paid a price for failing to stand in solidarity with victims of US war and genocide. All of us, including the ordinary people of the US, have allowed an elite to feast on flesh and blood and through that to make themselves our masters and to enrich themselves at our expense. We have been creating more and more wealth and working longer and longer hours while our societies become ever more unequal. We have made fools of ourselves by our selfishness and our fear of having to share wealth and burdens with those less fortunate. To use the Nazi analogy one last time, being the Kapos in the global ghetto is not the boon we might think when we are all headed for the same final destination.

Maybe the US and its allies will continue business as usual under Trump. They will keep killing people in faraway places. Inequality will continue to grow and very slowly we will have our rights eroded and our place in society whittled away bit by bit. We are on the cusp of a transformation where labour will no longer be crucial enough to the production that attracts spending and to continue will require some form of universal income. Unless politics goes back to responding to people’s welfare, life could become very bleak and minimal – neoliberalism taken to its ultimate “bare life” extreme of mere survival.

On the other hand, even worse things are possible and we need to become very active in opposing wars and any politics that promote hate violence and reaction.