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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“The best lack all conviction, while the worst

Are full of passionate intensity.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Continued in Part 2: “Days of Revolt”.

Viet Nam Lost the American War (as did Laos and Cambodia)

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photographer-philip-jones-griffiths-in-vietnam-21-638

Photograph by Philip Jones Griffiths © Philip Jones Griffiths / Magnum Photos

[G]enocide is a new technique of occupation aimed at winning the peace even though the war itself is lost” – Raphaël Lemkin, 1944.

In 2008 I wrote a post-graduate research paper about the “Vietnam War”. I believe I showed quite clearly that Viet Nam lost its war with the United States by any reasonable criteria apart from the most obvious surface events. We are now at the 40th anniversary of the time when North Vietnamese tanks rolled into Saigon. Christian Appy has just published a piece criticising a popular revisionism that misrepresents the events of 40 years ago as an uncontextualised brutal Communist takeover. But what if our misapprehensions go deeper than Appy implies? What if we insist the Viet Nam won the war for ideological reasons and ignore the very compelling evidence that they lost the war, despite their military victory in the field? Drawing heavily on that past work, but giving it a new angle, I will show that the US actually won the “war” because all along their true energies were devoted to visiting destruction on Vietnamese, Cambodians. And Laotians. The word for this behaviour is “genocide”.

Genocide is a concept with an explanatory power that has been ignored and surpressed. It has been misrepresented and it is now generally used simply to indicate extreme condemnation – even more so than the word “terrorism”. Yet it does have a specific meaning, one which provides great insight into the nature of historic events. The problem, if anything, is that it explains things too well, whilst the US is heavily reliant on confusion and obfuscation to escape the moral censure and determined anger it should face for the mass-killings and mass-destruction it has carried out.

US citizens in particular, but Westerners in general, seem to have a gut fear of any suggestion that US actions in Indochina had a coherent rationale. Key beliefs about the fundamental nature of the civilised West and the US in particular are destroyed when we are forced to face the fact that the savage violence that we all must admit was undertaken was in fact part of the project, not an unintended by-blow. Moreover, those who oppose US military violence have been indelibly imprinted with notions of military and political incompetence. As if instinctually, they seem to fear that any suggestion that the US achieved a strategic success would empower the triumphalism of the ‘Murican meatheads they seem to feel surrounded by.

40 years ago the Khmer Rouge occupied Phnom Penh and the Pathet Lao were beginning the last phase of taking control of Laos. On April 30, 1975 tanks from the People’s Army of Viet Nam (PAVN) entered Saigon. It was the end of the Second Indochina War – known in Indochina as the “American War” and known in the US as the “Vietnam War”. The Communists, and some other anti-imperialists who worked under their leadership, had won.

But what sort of victory was this? Throughout the course of fighting the US grew constantly in wealth and strength, while Viet Nam, Cambodia and Laos were weakened in ways they have never recovered from. In relations after the war the US clearly took on the role of victor imposing terms on the defeated. Despite an overblown, if not hysterical, public discourse of defeat and anguish in the US there was never any real question of substantive material damage to the US, nor any possibility that the US Government (USG) would have its actions dictated by Indochinese governments.

The Communist led movements and governments defeated the US militarily, but the shrieks of dismay uttered by US “patriots” and “liberals” alike about their defeat have little to do with reality. In every possible substantive material way the post-War history of Indochina is that of weakened defeated countries that would eventually submit to the hegemony of the US under the neoliberal “Washington Consensus”. What happened?

In this article I will show how much the war waged by the US hurt the countries of Indochina and how this in itself became the basis of a US victory. To understand how this happened we need to put aside some preconceptions and re-appropriate the term “genocide”. When Raphaël Lemkin first coined the term genocide he described it as a war not merely against states and their armies but against peoples.”[1]

Once I have clarified the distinction between military war and genocide, the nature of US actions will become clear. This is not about a secret conspiracy to commit genocide, US officials overtly rejected military contestation and opted for attacking the peoples of Indochina without feeling the need to conceal a genocidal intent. They openly embraced tactics which caused mass civilian deaths without any embarrassment.

Many contemporary observers commented on the genocidal nature of US mass violence in Indochina. Some used the term “genocide”, some didn’t, but they have all been effaced from the historiography of the Second Indochina War. Apart from a few easily dismissed Leninistic anti-imperial analyses, the orthodox criticism of US policy was created by Washington elites and amounts to little more than a skein of propaganda stitched together by insider gossip and coloured by a sickening lurid coat of racially informed chauvinism and mirror-blindness.

Pyrrhic Victory or Defeat?

On April 30, 1975 PAVN tanks rolled through the streets of Saigon. When Republic of Viet Nam (RVN) leader Duong Van Minh offered to officially relinquish power, tank commander Col. Bui Tin famously responded: “There is no question of your transferring power. Your power has crumbled. You cannot give up what you do not have.” In that respect this was a classic total military victory – the annihilation of the political power of the opponent.

The military theorist Carl von Clausewitz defined tactical victory as possession of the field of battle.[2] Possessing the entire contested territory at the end of hostilities would seem to signal victory in war. But Clausewitz didn’t believe that there was such a thing as strategic victory. He is best known for contending that war was “a continuation of policy by other means” and his wisdom is proven by the case of Indochina. His vision of war was of a limited and circumscribed aspect of violent contestation within a strategic dynamic relationship. Clausewitz knew the military action he theorised about could only ever be part of a greater picture.

It must also be noted that the RVN regime wasn’t the real enemy of the PAVN. It was an entity created, shaped, controlled and sustained by the US – as was Lon Nol’s regime in Cambodia and, to a large extent, the Lao regime under Souvanna Phouma. The Second Indochina War really was the “American War”. The US was the real enemy but the PAVN tanks never rolled into Washington DC; they never broke down the gates of the White House; and however much we might regret it, Bui Tin was never in a position to sneeringly depose Richard Nixon.

Moreover, the progress towards the victory in the field had been horrendously destructive. Each of the Indochinese states, and the people therein, have suffered immensely, whereas the US has no loss that is even remotely comparable. In deaths, for example, the US losses relative to population are less than 0.4 per cent of Cambodian losses (that is excluding the losses after 1975);[3] less than 0.5 per cent of Vietnamese losses;[4] and less than 0.3 per cent of Laotian losses.[5] If we estimate total Indochinese deaths as 4.5 million, of an estimated population of 42 million we get a figure of well over 10 per cent of the population killed, equivalent to 20 million US deaths.

Then there is the economic situation. The US GDP more than doubled in constant dollar terms between 1954 and 1975 and continued strongly afterwards, doubling again by 1997.[6] By contrast, Cambodia didn’t really have an economy by 1975. In fact it had been largely destroyed by the end of 1970, primarily this was caused by a massive influx of US “aid”.[7] By 1973, of less than 7 million Cambodians, an estimated 3,389,000 had been made refugees.[8] The bombing and civil war had reduced the capacity for growing food to such a level that the “sources close to the U.S. government” calculated that if the US government cut all food aid (which they did) 1 million deaths would result.[9] Whatever chances Laos had for development, they were surely crushed by a destructive and divisive war, and Laos remains one of the poorest places on the planet.[10] As for the Vietnamese, the war and subsequent US economic sanctions were devastating. By 1990 the per capita GDP was only $114.[11]

In 1990 Viet Nam began extending economic reforms known as doi moi (renovation). Under doi moi, Viet Nam has achieved much greater formal economic activity (GDP), but only by submitting to the “Washington Consensus”.[12] Among other things this means no price supports for staples such as rice, which in turn means that the real income of the poorest has dropped.

Former US military commander in Viet Nam, Gen. William Westmoreland, characterised doi moi as proof of US victory.[13] He also once said: “We’ll just go on bleeding them until Hanoi wakes up to the fact that they have bled their country to the point of national disaster for generations. They will have to reassess their position.”[14] The one major asset the Vietnamese gained from the war, massive scrap metal resources, was privatised causing government steel mills to stand idle (banned by law from importing scrap) while Viet Nam’s scrap steel was exported at “substantially below world-market values”.[15]

Some perspective on these decades of poverty is given by economists Adam Fforde and Suzanne Paine. Their analysis is that the DRVs “neo-Stalinist” economic approach was highly suitable for a united Viet Nam in the 1950s, but not so for North Viet Nam alone and not, after the destruction of the war and two decades of separate development, suitable for a reunified Viet Nam.[16] In other words the “American War” and the sanctions that followed meant the difference between a relatively prosperous populous nation with a degree of industrialisation, and a dysfunctional underdeveloped economic backwater that was forced to join the international economic order as a provider of cheap labour for the light manufacturing requirements of tax-averse and wage-averse multinationals. The implications are sickening.

In the meantime, the US claimed that it was trying to prevent the rise of the Democratic Republic of Viet Nam (DRV) as a regional military hegemon. But its actions belied those words. I do not have the space and time to detail this but the key points are: 1) The US drove the very reluctant DRV to war; 2) The US was antagonistic to negotiated settlements throughout; 3) Equally the US was extremely antagonistic to neutralism in Laos, RVN and Cambodia; 4) The US was antagonistic to political pluralism in RVN. These factors all far outweigh any efforts by the US to attrit PAVN military strength. The famous bombing campaign “Rolling Thunder”, for example, had the effect of strengthening civilian support for war against the US while increasing DRV dependence on Soviet aid.[17]

In essence the US manufactured the military victory of the North under a monolithic Communist regime – like a self-fulfilling prophecy. I am not saying that Hanoi’s Communist leaders did not themselves work to consolidate power, nor that they would not have eventually seized power after the war. But that is speculation.

Effectively, the US role was to transform the political hegemony enjoyed by the Communists during the First Indochina War, into a military hegemony. This makes perfect sense as a deliberate strategic move. Indeed, throughout the Cold War the US was clearly quite comfortable with poor repressive Communist dictatorships which were dependent on the Soviet Union. In contrast, it hated and crushed regimes that had pluralistic governance that were Communist or Socialist led, or were independently nationalistic and inclusive of left-wing political factions. Of course the US claimed that it was acting against an impending totalitarian takeover, but its actions declare otherwise.

You might still think that this all mean that the Communists won, but that it was a Pyrrhic victory. On paper, Viet Nam won the right to $3.3 billion in reparations payments (diplomatically referred to as reconstruction “aid”) from the US. But the post-War years revealed who was really the victor.

Viet Nam wanted to normalise relations, but they also wanted to get that money. They tried using the issue of cooperation over POW, MIA, and KIA remains repatriation as a negotiating lever, but of course this was just a propaganda gift to the US. They tried to tie normalisation to the payment of the promised “aid”, but the US trade embargo on Viet Nam was hurting them far more than it was hurting the US. Far from paying them money, the US forced Viet Nam to spend huge amounts of its meagre finances on finding remains of US servicemen – an estimated $US1.7 million in per body in 1994 currency. The US lifted its trade sanctions in 1994, once Viet Nam was firmly part of a US dominated system of globalised economic and trade governance.

Impoverished Laos was never placed under sanctions, but Cambodia’s nightmare is also that of a defeated power, not a victor. In April 1975 years ago, with food production devastated and roughly half of the population crowded into Phnom Penh, units of Khmer Rouge began a brutal cleansing, emptying the overcrowded city completely. The forces that occupied the capital were predominantly very young, impressionable, and traumatised. Many were teens who had lived through five years of brutal warfare and who were commanded by an extremist political leadership who were already halfway to the crescendo of paranoid lunacy they would reach by 1978. The country was an unbelievable mess, and the “victors” were deranged ideologues dealing with circumstances which were themselves completely insane.[18]

Even without knowing what atrocities the Khmer Rouge would later commit, does it really seem that they were victorious over the US in 1975? And what about the people of Cambodia? It is important to distinguish between the people and their rulers because the US began secretly supporting the Khmer Rouge at the height of their violence[19] and continued to support them when they fought a guerrilla war against the Viet Nam backed government that had replaced them. Cambodia, like Viet Nam, was thence subject to US sanctions. I think that it is fair to say that although the Khmer Rouge defeated the US on the battlefield, the US soon began supporting them because they were demonstrable enemies of the Cambodian people.

It was the US that destroyed Cambodian neutralism. They claimed to be fighting communism, but their action were to spread communism whilst destroying Cambodia and killing its people to no discernible military end. A Finnish Inquiry Commission designated the years 1969 to 1975 in Cambodia as Phase 1 of the ‘Decade of Genocide’.[20]

Destroying Cambodia

In some respects US actions in Cambodia were the clearest and most successful expression of the model of genocide used in Laos and the RVN. US officials never made any cogent case for their actions in military terms. In a normal politico-military sense, US actions were very predictably counterproductive.

Before US intervention there seemed to be little threat of a communist takeover of Cambodia. The Cambodian Khmer Issarak (insurgents who had strong ties with, but formal independence from the Vietminh) had been unrepresented at the 1954 Geneva Conference and hence, unlike the Pathet Lao and the Vietminh, went unrecognised in the settlement.[21] Most of the Khmer Issarak (over 2000) left Cambodia with Vietnamese anti-colonial forces (Vietminh) who had been operating in Cambodia and based themselves in North Vietnam until their return after 1970.[22]

Although not immediately threatened by armed and trained leftists, Prince Norodom Sihanouk (the head of State from 1955 until 1970) adopted a neutralist position. He could not afford to be enemies with the Vietnamese. Nevertheless, under Sihanouk there was one serious leftist rebellion after his refusal to endorse candidates in the 1966 election closed the doors of electoral struggle to the left wing. The 1967-68 “Samlaut Rebellion” resulted in perhaps 10,000 deaths; greater than those incurred by Cambodians in the First Indochina War against French rule.[23] Although Sihanouk often viciously repressed the left of his own country, any concrete moves against the forces of the DRV or the NLF would have brought about his downfall. The US was, however, less than understanding of the delicate position – at least in its deeds. Although publicly supportive of neutralism, Washington worked hard to destabilise and cripple Cambodia, its actions driving Sihanouk into an ever closer relationship with Hanoi, Beijing and the NLF.[24]

The US “Studies and Operations Group” conducted attacks with US Special Forces personnel in Cambodia throughout the 1960s. In 1967 these were institutionalised as “Salem House” (later known as “Daniel Boone”). This programme was kept secret from the US congress and conducted a total of 1,835 missions. Their primary activity appears to have been the laying of “sanitized self-destruct antipersonnel” mines anywhere up to 30 kilometres beyond the border. Their supposed mission was intelligence gathering, but throughout the whole programme they only captured 24 prisoners.[25] The Special Forces troops usually disguised themselves as PLAF fighters and sometimes attacked civilians in “false-flag” operations.[26]

In 1970 Sihanouk was overthrown by General Lon Nol and Prince Sirik Matak with tacit support from Washington and probable assistance by the CIA. The US had developed ties with Lon Nol in the 1950s and by 1970, according to CIA officer Frank Snepp, he was one of two candidates being groomed by the CIA to take Sihanouk’s place.[27] Washington recognised the new regime within hours.[28] So fast was recognition of Lon Nol’s government that it must have precluded any possibility that the changes on the ground were being assessed, which strongly suggests that the US must have had detailed foreknowledge in order to have any confidence in its judgement.

Sihanouk’s overthrow made civil war unavoidable. Many, including US personnel, thought that part of the reason for overthrowing Sihanouk was the fact that he allowed arms to flow to the PLAF,[29] yet the supply of arms coming from Cambodia to the PLAF was often conducted by pro-US officers,[30] including Lon Nol, and it continued unabated once Sihanouk was overthrown.[31] As I detail below, the US had created a system in Indochina where its own clients were suppliers of arms to its enemies.

In 1969, before the above events, the US began bombing Cambodia in what was known as “Operation Menu”. From Saigon, US General Creighton Abrams insisted that he had “hard evidence” that the Central Office for South Vietnam headquarters (COSVN HQ) had been located in the “Fish Hook” salient of Cambodia.[32] The problem was that no such place ever existed, though for years the US had mounted operations to crush it when they claimed it was located in South Vietnam.[33]

Once under way, Operation Menu spread to other areas. Despite the carpet bombing of area supposed to contain COVSN HQ, in April 1970 Abrams claimed that the headquarters still existed as a fortified underground bunker with 5000 personnel.[34] In May US and RVN forces invaded Cambodia, the action justified in part as an attempt, yet again, to wipe out the COVSN HQ “which had become the Holy Grail of the American war”.[35] The US/RVN invasion simply, and predictably, drove communist forces deeper into Cambodia.[36]

The results of the bombing were those of generating an enemy by killing civilians, a recurrent practice of the US. Ben Kiernan repeatedly cites evidence in numerous consecutive instances that US/RVN aerial bombardment strengthened the Khmer Rouge insurgency, and, more specifically the anti-Vietnamese faction of the Khmer Rouge under Pol Pot.[37] In 1969, the Khmer Rouge consisted of perhaps 4000 – an ultimately unthreatening insurgency. By the end of 1972, they were able, with DRV logistical support, to “hold their own” against Lon Nol’s armed forces, which, at US instigation, had been enlarged to between 132,000 and 176,000 (not counting “ghost” soldiers, who existed only on the books of the corrupt officers who collected their pay) and had massive US/RVN air support.[38] In William Shawcross’s words, “the new war was creating enemies where none previously existed”[39] and by this stage, Lon Nol’s regime was already reduced to the control of shrinking and fragmenting enclaves.[40]

Within a year of Lon Nol’s coup the economy of Cambodia was virtually destroyed, not only by bombing, but also by US aid. Aid was channelled to the import of commodities and surplus US agricultural goods. It also underwrote the Cambodian government and armed forces: “By the end of 1970, the government was spending five times its revenue and earning nothing abroad.”[41] Most of the population became reliant on US aid to eat, and rice supplies were kept at the minimum level needed to prevent food riots. By 1975, malnutrition was widespread and many children starved to death before the Khmer Rouge victory.[42]

Less than two months after the coup that brought Lon Nol to power, the US invaded Cambodia, along with ARVN forces. They did not bother to forewarn Lon Nol who found out after Richard Nixon had announced the invasion publicly.[43] This invasion along US and RVN bombing and the civil war made refugees of nearly half of the Cambodian population.[44] Lon Nol was outraged by the invasion and when later briefed by Alexander Haig (then military assistant to Kissinger) about US intentions he wept with frustration. According to Shawcross, “He wished that the Americans had blocked the communists’ escape route before attacking, instead of spreading them across Cambodia. … The Cambodian leader told Haig that there was no way his small force could stop them. … [Haig] informed Lon Nol that President Nixon intended to limit the involvement of American forces…. They would be withdrawn at the end of June. The the President hoped to introduce a program of restricted military and economic aid. As the implications of Haig’s words for the future of Cambodia became clear to Lon Nol, he began to weep. Cambodia, he said, could never defend itself.”[45]

US actions, particularly in bombing, were directly responsible for creating the communist enemy which overthrew Lon Nol. The bombing between 1969 and 1973 took up to 150,000 lives.[46] If averaged out, over 33 tons of ordnance were used to kill each Khmer Rouge insurgent.[47] Despite the fact that Vietnamese pilots bombed any Cambodian they could, which aided only the Khmer Rouge, Lon Nol acceded to a US demand that he request an increase in VNAF bombing in 1971.[48] By May 1972, the Lon Nol regime had control of perhaps 10 per cent of the country and continued to lose territory which was thereafter fragmented into ever smaller enclaves.[49] The result was by that stage foregone, and yet the war dragged on for three years with the greater part of the 1 million casualties occurring after that point.

In 1970, when Henry Kissinger briefed Jonathan “Fred” Ladd, who was slated to conduct the war in Cambodia, he told him, “Don’t even think of victory; just keep it alive.”[50]

When the US Congress finally blocked aid to Cambodia and South Vietnam, it was with the belated realisation that such aid would not give any hope of victory or improve a bargaining position. Senator Mike Mansfield spoke out, “Ultimately Cambodia cannot survive…. Additional aid means more killing, more fighting. This has got to stop sometime.”[51]

Ooops, we destroyed your country. Our bad :-(

Because the violence in Cambodia was a “sideshow” with little official acknowledgement, US officials did not have complex explanations for their actions. Historians have largely concluded that the US was in the grips of irrationality, but their evidence of irrationality is, in a nutshell, that the US acted in a militarily counter-productive and genocidal manner. They automatically rule out the possibility that US actions were cogent acts of genocide. They build a framework of knowledge by applying that presumption to various historical events and thus generating the historical “evidence” of systemic irrationality and dysfunction among US decision-makers.

Moreover, people like Lyndon Johnson ensured that history recorded how reluctant they were to fight. The reluctance was more apparent than real. Johnson made a very vocal show of having his hand forced. He famously referred to the conflict as that “bitch of a war”.[52] In addition, he called it a “god-awful mess”, and himself as “hooked like a catfish”[53] and “trapped”.[54] He had a habit of thinking out loud with regard to the war, wondering “how he could maintain ‘his posture as a man of peace’” and making it clear that all the options available to him were unpalatable.[55] He would have frequent theatrical outbursts of indignation against hawkish advisers and, on one occasion, the constant changes of regime in the RVN which his own administration engineered.

According to Schulzinger, “The succession of military regimes drove Johnson nearly apoplectic. ‘I don’t want to hear any more of this coup shit,’ he exploded to aides”. Johnson was not the only one to have the audacity to condemn the US brokered coups; Maxwell Taylor, who as US Ambassador to Saigon had first forced a change of Government on the US installed Nguyen Khanh, then had partaken in the destabilisation of Khanh’s second government. When the utterly predictable coup resulted, Taylor is reported to have railed at the coup leaders ‘we Americans [are] tired of coups,’.[56].

The most bizarre Johnson outburst I have come across is an instance where a Major was, for no apparent reason, made to hold a map during a meeting between Johnson and the Joint Chiefs of Satff (JCS), becoming “an easel with ears”. Later he described the event to Christian Appy. First the JCS made some recommendations. “At that moment, Johnson exploded. I almost dropped the map. He just started screaming these obscenities. They were just filthy. It was something like: ‘You goddamn fucking assholes. You’re trying to get me to start World War III with your idiotic bullshit – your ‘military wisdom.’ He insulted each of them individually. ‘You dumb shit. Do you expect me to believe that kind of crap? I’ve got the weight of the Free World on my shoulders and you want me to start World War III?’ He called them shitheads and pompous assholes and used the f-word more freely than a marine in boot camp. He really degraded them and cursed at them. The he went back to a calm voice, as if he’d finished playing his little role….”[57]

Frederik Logevall describes Johnson’s behaviour as a “charade” undertaken because “Johnson wanted history to record that he agonised.”[58] But Johnson was not the only one. Not only was John Kennedy also in the habit of thinking out loud with regard to Indochina, but so was Eisenhower.[59] Kennedy would frequently profess peace whilst in the midst of making arrangements for escalation.[60] This conscious and consecutive manipulation of public and historical perception makes any expression of reluctance at any level of US government or military of extremely dubious evidential value.

Moreover, other US officials – notably Westmoreland, Nixon and Kissinger – were far more forthcoming about their genocidal intents. Noam Chomsky has said this: “On May 27, the New York Times published one of the most incredible sentences I’ve ever seen. They ran an article about the Nixon-Kissinger interchanges. Kissinger fought very hard through the courts to try to prevent it, but the courts permitted it. You read through it, and you see the following statement embedded in it. Nixon at one point informs Kissinger, his right-hand Eichmann, that he wanted bombing of Cambodia. “I want them to hit everything,” he said. And Kissinger loyally transmits the order to the Pentagon to carry out “a massive bombing campaign in Cambodia. Anything that flies on anything that moves.” That is the most explicit call for what we call genocide when other people do it that I’ve ever seen in the historical record.”

These sorts of statements, revealing an intent to target civilians or civilian infrastructure, are commonplace among officials at all sorts of levels. Westmoreland personally encouraged personnel to kill civilians.[61] He also approved the Phoenix programme which, by its inescapable nature, involved the murder of civilians (namely “non-combatants” as defined in international law).[62]

Historians might ignore or minimise statements of genocidal intent that they would never ignore had they come from, say, a Rwandan Hutu leader in 1994. In fact, a great deal of effort has gone into trying to find such statements, but the ICTR has found no clear expressions of genocidal intent until after the genocide was in progress. The way people discuss the 1994 genocide in Rwanda you would think that the inverse was true. But rhetorical pronouncements are actually less significant than orthodox historiography would have you think. What is clear from Indochina, and is also absent in the case of Rwanda, is that there was clearly articulated genocidal policy that was acted upon – as opposed to “stated policy” which is mere rhetoric. There were policies that either overtly evidenced genocidal intent or tacitly evidenced genocidal intent in a manner that was impossible to mistake.

In the next section I will show policies that either seemed designed to deliberately cause mass civilian deaths or made mass civilian deaths inevitable whilst promising little or no military benefit and ultimately being inherently counterproductive. Before I do, however, I want to showcase an overtly genocidal policy known as “graduated response”.

Graduated response” was not important as a military strategy so much as it was as a public relations strategy. Graduated response was an Orwellian construction – the rationale given was that by bombing North Vietnam the US would force the DRV to negotiate. This was based on three completely specious assertions – the first being that the insurgency in the South was a result of “communist aggression” and therefore controlled by Hanoi; the second is that the US would itself have negotiated in good faith; the third, and most breathtakingly baldfaced, is that the US began small and got bigger, initially only bombing the DRV to show the DRV that they would bomb the DRV.

In 1965 McGeorge Bundy explained graduated response in a memorandum, although “explained” might be too strong a word. Bundy states: “We cannot assert that a policy of sustained reprisal [graduated response] will succeed in changing the course of the contest in Vietnam…. At a minimum it will damp down the charge that we did not do all we could have done….” Bundy also talks of showing “U.S. willingness to employ this new norm in counter-insurgency….” It is worth remembering that this “new norm” in “counter-insurgency” is not interdiction bombing of supply routes, it is strategic bombing of the DRV, guaranteed to bring massive suffering to the civilian population.[63]

The military objected strenuously to graduated response, under the misapprehension or pretense that the given rationale was all true.[64] The military objections existed within a discourse of callous but pragmatic militarists and of concerned but naïve civilians who underestimate Hanoi’s legendary willingness to sacrifice its own people.[65] No doubt, many officials debated earnestly in these racially informed terms, but they were debating the merits of one fiction over the merits of another.

The air war in Indochina bore no resemblance in practice, to that which was espoused in theory. For a start, it could only be applied to the bombing of North Vietnam which was the recipient of less than one sixth of the bombs dropped by the US during the war.[66] Secondly, what actually occurred bore no resemblance to the increasing “slow squeeze” that is central to the story. Admittedly the tempo did increase between the initiation of the bombing campaign “Rolling Thunder” in April 1965 and the end of that year, but this was due to the US committing more and more resources to the air war. Bombing in Laos and South Vietnam increased at a far greater rate than in North Vietnam.[67]

Nor could the bombing campaign against North Vietnam be considered “limited” by any standards other than those of the bombing of Laos and South Vietnam. The campaign ran for 3 years and dropped an average of one 500 pound bomb every 30 seconds. By the end 860,000 tons had been dropped, three times as much as was dropped on Europe, Asia and Africa in World War II.[68] Whatever industrial capabilities that were not destroyed outright had to be decentralised at very high costs to efficiency. Agriculture was also affected and it is estimated that the campaign destroyed 10 to 15 years of economic growth. Three major cities and twelve of twenty-nine provincial capitals had been flattened. According to Robert McNamara’s estimate, at one point in 1967 1000 civilians were being killed each week.[69]

Nor can it truly be claimed that the US sought a negotiated settlement. Lyndon Johnson twice expressed a wish to negotiate, once offering “unconditional talks”, but these offers were not addressed to the DRV regime, but rather to US domestic audiences in speeches.[70] Not surprisingly, Hanoi took these offers with a grain of salt, when they heard of them, and released a list of its aims, presumably hoping that the US would respond by saying that none of the DRV’s desires were negotiable.[71] Instead the US government held up the list of points as proof that Hanoi did not want to negotiate, and when Hanoi tried to clarify that it was in fact willing to negotiate, it was ignored by the US government and media. In fact Hanoi had made several moves to try an institute negotiations which the State Department and even the hawkish Ray Cline (at the time, acting Director of Central Intelligence) agreed were probably real.[72]

Because the US was not actually willing to negotiate, “graduated response” is not really a strategy, and provides no actual rationale for US behaviour. By claiming to seek negotiations which the US would not itself allow, the US could continue bombing without any military strategic rationale, without having to give a reason. To maintain the illusion the Johnson administration would periodically cease bombing before any planned escalation. James William Gibson writes that the, “sense in which the [bombing] pause was for political appearances only can be discerned in most memoranda.”[73]

The really striking thing about “graduated response”, though, is that there was no real pretense that the bombing was designed to degrade military capabilities to improve military outcomes in the field. If the point was to drive the DRV to negotiate by “reprisal” then it is obvious that this is not a military exercise at all. The inevitable non-combatant casualties and damage to civilian infrastructure and property is no longer “collateral damage” in an attack on military targets, it is part of the intentional target. So even if the US had been trying to force the DRV to negotiate, there were using genocidal means to do so and they showed genocidal intent. It is a very clear breach of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCG) which prohibits the intentional destruction “in whole or in part” of a “national, ethnical, racial or religious group”.

Mass Murder in Viet Nam

There is no denying that the US visited systematic destruction on Laos, Viet Nam, and Cambodia. Those who deny the genocides usually do so on the grounds that the US did not have a genocidal intent. As I showed, the policy of graduated response shows that genocidal intent existed. But even genocide scholars often seem to think that “genocidal intent” only exists when that genocidal intent is itself a motive. This is the equivalent of saying that if I kill you in order to steal your watch I am not guilty of murder because I am was just using deadly means incidentally, as a means of acquiring your watch.

Genocide scholars are by no means above splitting hairs over intentionality in order to keep Western atrocities free of the stain of being labelled genocide. They largely reject even-handed simplicity. A straight-forward approach would inevitably force them to take intellectual stances that are politically uncomfortable with regard to settler-colonial history, US foreign policy, globalisation and neoliberalism, and, last but not least, Israel. Instead of maintaining clarity, these scholars tie themselves in knots of obfuscation, and in doing so they add more and more elements of unnecessary subjectivity to increasingly unreal and ornate theoretical constructs. They do so whilst complaining that the subject itself is too taxing and slippery for even the greatest of minds.

Mark Levene, to pick one example, described Spanish acts towards indigenous people at Potosí as the wholesale destruction of their political structures and autonomous power so that, suitably subjugated, their populations could be put to enforced work, in effect enslaved, in order to enrich their new Castilian masters.”[74] According to Levene, this is merely “hyper-exploitation” because it lacks exterminatory intent. He writes, “this was not a policy or strategy geared towards killing the natives or their replacements outright but extracting as much labor out of them as possible….”[75] This statement is quite simply wrong. These people were intentionally worked to death just like millions Jews, Slavs and Roma were worked to death by the Germans. There is no recognition given by Levene that up to 8 million people in Hispaniola were completely exterminated by the same empire using the same institutions,[76] even though he acknowledges their extinction as a result of contact with Europeans. Instead he merely writes, “There are conditions in which extermination may also emerge out of hyper-exploitation, most obviously when native peoples revolt against their oppressors, leading to the latter’s retributive over-kill.”[77]

Levene is formulating a typical expression of Western exceptionalist doublethink. He acknowledges acts of near inconceivable savagery, but then creates an interpretation which suggests that this savagery is only the accidental by-product of a far more essential Western rationality. This is nothing but conventional self-replicating racism. Levene automatically seeks evidence of rational self-interest on the part of Western actors, which then over-rides any evidence of racial animus and appetitive savagery. Conversely, when dealing with non-Western actors he seeks evidence of animus which then effaces issues of rational self-interest.

The irony is that Levene does an excellent job elsewhere of analysing the Revolutionary French genocide against the people of the Vendée when there was a counter-revolutionary insurgency. Therein he balances the passionate brutality and the cold calculations of a bureaucratic machinery of mass-murder. I assume that for someone like Levene it is somewhat easier to see savagery as a symptomatic part of Western culture if it is a revolutionary savagery. The funny thing is that historians of the period who are not familiar with the concept of genocide accuse him of imputing a genocidal motive because they can’t distinguish between intent and motive. I would laugh, if I wasn’t so busy raging ineffectually from the margins.

I have shown that in one policy, the US demonstrated genocidal intent towards Viet Nam, or at least the northern part of it. But one of the things that made the concept of genocide so brilliant from the first was that Lemkin always understood that genocide would, by nature, be expressed in many different ways. John Docker describes Lemkin’s conception as being “composite and manifold… a coordinated plan of different actions aiming at the destruction of the essential foundations of life of a group.”[78]

The genocide in South Viet Nam was more intense than anywhere else in Indochina, but also more complex and confusing. Much was similar to the situation in Cambodia. People were driven from the countryside to be concentrated in urban slums, a process Samuel Huntington described as “refugee generation”.[79] The RVN was also made economically dysfunctional by US “aid”. The result was a partly surreal country of militarism, consumerism, grief, poverty and degraded anomie. This was the society documented by Philip Jones Griffiths in his book-length photo-essay Vietnam Inc. which showed maimed civilians, beggars, drugs, and child soldiers. It showed that the war permeated everything. It was a world populated by a lost people ripped out of normality and placed in a new landscape strewn with alien protrusions of war machinery, billboards, craters, corpses and girly bars. Griffiths explicitly contextualised it all as a twisted form of business enterprise.[80] He later told Christian Appy, “The closer you got to the war… the more you objected to what you saw. Eventually I believed that what America was doing in Vietnam was genocide.”[81]

photographer-philip-jones-griffiths-in-vietnam-Little TigerCalled “Little Tiger,” rumored to have killed two “Vietcong women cadre”—his mother and teacher. Vietnam, 1968. Photograph by Philip Jones Griffiths © Philip Jones Griffiths / Magnum Photos

Here are some quotes from Lemkin that are apposite:

  • 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.”[82]
  • In order to weaken the spiritual resistance of the national group, the occupant attempts to create an atmosphere of moral debasement within this group. According to this plan, the mental energy of the group should be concentrated upon base instincts and should be diverted from moral and national thinking. It is important for the realization of such a plan that the desire for cheap individual pleasure be substituted for the desire for collective feelings and ideals based upon a higher morality. Therefore, the occupant made an effort in Poland to impose upon the Poles pornographic publications and movies. The consumption of alcohol was encouraged, for while food prices have soared, the Germans have kept down the price of alcohol, and the peasants are compelled by the authorities to take spirits in pay agricultural produce. The curfew law, enforced very strictly against Poles is relaxed if they can show the authorities a ticket to one of the gambling houses which the Germans have allowed to come into existence.”[83]
  • Their general plan was to win the peace though the war be lost, and that goal could have been achieved through successfully changing the political and demographic interrelationships in Europe in favor of Germany. The population not destroyed was to be integrated in the German cultural, political and economic pattern.”[84]

It might surprise people that Lemkin put so much emphasis on cultural, economic, political, social and moral destruction. He didn’t actually devote any more time to the physical destruction of group members than he did to the seven other “techniques of genocide”. When he first described genocide even his account physical destruction was not particularly focussed on killing. He was more detailed about the way in which differential access to food was being used to increase mortality rates. Nevertheless, our common understanding quite naturally leads us to link genocide with mass killings of civilians. Even today there is a degree of interest and attention paid to the intimate acts of murder and massacre that US personnel undertook. In 2003 Michael Sallah started reporting based on atrocities uncovered but kept quiet by the US Army Criminal Investigation Command (CIC). In 2006, with Mitch Weiss, he published Tiger Force, in which the eponymous elite military unit were revealed to have prolifically tortured, raped, murdered and mutilated.[85] In 2007 a German book was published by Bernd Greiner which drew heavily on the files of the Vietnam War Crimes Working Group (VWCWG) to document how US actions became “a war against civilians”. An English translation was published in 2010.[86] The VWCWG was formed in response to the My Lai massacre. It was intended to ensure that the US military was never again caught unprepared by revelations of atrocities. Like the CIC it uncovered many atrocities, documented them and buried them again. Since 2004 most of their files have effectively been blocked from public access.[87] In 2005 Nick Turse published a doctoral dissertation based on VWCWG documents.[88] This led to a series of articles in the LA Times with Deborah Nelson, which formed the basis of The War Behind Me in 2008.[89] Last, but by no means least, came Turse’s book Kill Anything that Moves in 2013.[90]

Collectively these works reveal a horrifying pattern of war crimes – brutal intimate crimes of personal savagery. They add immeasurably to the often derided testimonies of dissident GIs and veterans who tried to tell people what was happening. But this emphasis on massacre at close quarters threatens to overshadow the greater picture of civilian deaths. Most US personnel did not personally kill civilians and most civilians who were killed by US personnel died without their killers ever being close enough to see the terror and pain on their faces. These acts were part of a larger picture of killing.

Bernd Greiner deliberately chooses to isolate acts of violence in “close proximity” from violence at an “anonymous distance”.[91] Instead of placing the situationally generated personal violence within the context of other systematic acts of mass murder, he contextualises the violence by regurgitating the orthodox scholarship that contends that everything the US did was the result of miscalculating, maladaptation and dysfunction. He even repeats the irrational, but common, contention that “assymetrical warfare” makes material superiority “more of a curse” than a blessing.[92] Like Levene he is artificially separating the intimate brutal mass-murder from the calculated dispassioned policies of mass-murder in order to explain each and abberations in terms which, without the artificial cognitive distance, would readily be revealed to be contradictory.

The real story is only understood by seeing how the distant mass murder and the intimate mass murder both fit within the context of “composite and manifold” acts of destruction of which they are only a part.

At one point Turse and Nelson travelled to part of Quang Nam province to find the site of a massacre detailed in US investigation files. They had an uncertain location. In three days of looking for the site they were shown a total of 5 massacre sites where a total of 8 different massacres had occurred, 5 committed by US personnel. They were unable to find the site of the massacre:we thought we’d be looking for a needle in a haystack of hamlets, not a haystack of massacres.”[93] The factors which lead to such widespread mass murder were not cultural but rather systemic results of deliberate choices. US personnel were primed through indoctrination and then situated in such a manner as to generate a predisposition towards atrocities. US personnel were placed in what Robert Jay Lifton has referred to as “atrocity-producing-situations”. The problem is that even after 40 years of consistently creating these “atrocity producing situations” even Lifton himself will not entertain the notion that the atrocities are an intended result.

I will begin, then, by printing the testimony of S. Brian Willson. He was one of very few people who was forced to confront intimately the results of an airstrike on a village. The Vietnamese farmers had extraodinarily strong ties to their land and practiced a Confucian reverence for the shrines of ancestors. So, predictably, when a free-fire zone was declared many would remain behind, sleeping in bunkers and often living with the nightmare of nightly shelling. Those people faced the further risk of aerial bombardment. S. Brian Willson was assigned to guard Bin Tui, an airbase in South Vietnam, in which position he was given the duty of helping assess bombing missions, in April 1969, to ensure that pilots were not deliberately missing their targets. His description of the first such mission includes, “…a sea of bodies. Probably 100 to 120 corpses. A few of them were moving, most were still. This was 15 minutes after the bombing.” The village had been bombed in the middle of the day, when the healthy adults were at work in the fields, so the victims were all the children, the elderly, the infirm and childminders. The military situation was such that just two officers were able to arrive 15 minutes after the bombing without any endangerment to themselves. Willson’s companion, an VNAF Lieutenant replied to Willson’s protestations: “They’re communists, this is a victory,” and they left the wounded to die. Willson believed there was some mistake, but soon discovered that, because the entire province had been declared a free-fire zone, the villages were systematically being destroyed without reference to whether or not there was intelligence of enemy activity. Willson described this as “a deliberate systematic plan to wipe out the civilian population.”[94] In a written account of the same event, Willson adds, “At one dramatic moment I encountered at close range a young wounded woman lying on the ground clutching three young disfigured children. I stared, aghast, at the woman’s open eyes. Upon closer examination, I discovered that she, and what I presumed were her children, all were dead, but napalm had melted much of the woman’s facial skin, including her eyelids.”[95]

Free-fire zones unavoidably make a mockery of Greiner’s attempt to keep intimate and distant violent separate. In South Vietnam the number and extent of free-fire zones kept expanding. By the beginning of 1967, according to Neil Sheehan: “Free-fire zones proliferated so rapidly with new red lines on maps for laying waste that it was no longer possible to keep track of their number and the total area they encompassed.”[96]

The spread of free-fire zones was only made possible by the fact that US armed forces did not actually occupy or “pacify” rural South Vietnam, a circumstance which will be examined below. By 1969 they encompassed 75% of South Vietnam.[97] Though the Rules of Engagement (ROE) officially specified otherwise, examples abound of the military authorities encouraging troops to consider all persons in a free-fire zone to be a legitimate target. Weiss and Sallah detail multiple instances where it is clear that Tiger Force had been led to believe that “free-fire” meant that they had complete discretion and could legitimately kill whoever they wanted.[98] Eventually the Orwellian logic predominated to such an extent that Westmoreland, in 1969, was able to baldly claim that absolutely no civilians had ever been killed by the US in designated free-fire zones, because no-one in a free-fire zone was a civilian, by definition.[99]

This had been building for a long time. For many years the US had used militarily counterproductive tactics which systematically killed civilians and were a major impetus in fuelling the armed insurrection against the US-installed regime in Saigon. As early as 1962, with the war continually gaining momentum, US Colonel John Paul Vann observed an ARVN tactic of randomly shelling and bombing civilian structures which “kills many, many more civilians than it ever does VC and as a result makes new VC.”[100] When he and Colonel Daniel Boone Porter confronted Westmoreland’s predecessor, General Paul Harkins, with an appeal “to stop this self-defeating slaughter”, in Neil Sheehan’s words, “he turned out to be as dense in his own way as the Saigon commanders. Instead of using his influence to put a halt to the bombardments he was furthering them.”[101]

It should be noted here that with respect to major military policies, doctrines and significant recurrent tactics, the ARVN followed the dictates of the US military. The US exercised veto power over their allies actions because they were so essential a point of supply. As Roger Warner observed this gives the US complete power over the strategy of dependents like the Hmong forces in Laos.[102] In 1969 ARVN General Cao Van Vien said: “We Vietnamese have no military doctrine because the command of all operations in Vietnam is in the hands, is the responsibility, of the American side. We followed the American military doctrine.”[103] The fact is that the US simply dictated to the various RVN regimes what numbers and what kinds of forces it desired,[104] and when a regime was insufficiently compliant it was overthrown.

As it happened, despite further years of experience which confirmed Vann’s prognosis that randomly killing civilians would increase the numbers of the NLF, the US armed forces and those of their allies employed a virtually identical method of employing artillery, which they termed Harassment and Interdiction (H&I) fire. This was unobserved artillery fire, usually employed every night on places such as cross-roads in designated free-fire zones. It was not until the US had been doing this for 3 more years that General Creighton Abrams (who replaced William Westmoreland) urged his commanders to reduce the amount of H&I fire.[105]

In fact, the H&I tactic was only one way in which the US either directly or indirectly assured that civilians would be injured or killed by US ordnance. The most obvious being the free-fire zones. These were essentially identical, in terms of logic, to the way the Saigon commanders had justified their “butchery and sadism” to John Paul Vann in 1962, by the assertion that geographical location was proof of sympathies, and sympathy with the “Viet Cong” made for a legitimate target.[106] Before the term free-fire zone was invented, the phrase used was “solid VC areas” and by 1963 some US personnel had adopted the logic behind the characterisation: the USAF 362nd Squadron began shooting civilians for sport in these “de facto free-fire zones”.[107]

The way free-fire zones worked was through the way actions were allowed under the US armed forces ROE. US troops on the ground were still bound, in theory at least, to respect civilian life, but any person who ran, regardless of age, was a “VC”, and hence was to be killed. Philip Caputo, a USMC Lieutenant who was later to become a reporter and antiwar activist, asked the obvious question at the time: “Why should the act of running identify someone as a communist?”[108] Note that he is not questioning the rightness of killing someone unarmed because they had a particular political orientation. Turse finds the “purest expression” of the ROE logic on a death certificate which lists external cause of death as “Running from U.S. forces.”[109]

For those operating machine-guns in helicopters or boats, and for those able to strafe with aeroplanes, this rule became a license for mass-murder among those who wished to commit such an act. Gibson gives the example of testimony by a helicopter gunner:

“We had another rule, the use of evasive action. Anyone taking evasive action could be fired upon. Evasive action was never explained to me. It normally entailed someone running or trying to evade a helicopter or any fire.

“My unit, the gunships in my unit had installed MP sirens. Police sirens on the helicopter and we used these for psychological effect, to intimidate people.

“There is one incident I recall where we new over a large rice paddy, and there were some people working in the rice paddy, maybe a dozen or fifteen individuals, and we passed over their heads and they didn’t take any action, they were obviously nervous, but they didn’t try to hide or anything. So we then hovered a few feet off the ground among them with the two helicopters, turned on the police sirens and when they heard the Police sirens, they started to disperse and we opened up on them and just shot them all down.”

Gibson gives another such example before concluding: “United States forces thus consciously created conditions specified by rules of engagement to open fire and produce a body count.”[110] It would not take a lot of such behaviour before, predictably, the Vietnamese would run as soon as they saw a US helicopter or boat. Herman and Chomskly quote the “pro-Western” Japanese journalist Katsuichi Honda who described machine-gunners “firing away at random at farmhouses” and “using farmers for targets as if in a hunting mood”.[111]

In terms of the scale of suffering and death the actions of machine-gunners are nearly insignificant when compared with the consequences of aerial bombardment. For both air and ground artillery purposes anyone within a free-fire zone was a legitimate target. When a new free-fire zone was declared, leaflets were dropped on the villagers instructing them to assemble at certain points to be taken away by helicopter to a new life, generally in a camp or as a refugee. What followed the leaflet drop was known as the “mad minutes” because after as little as an hour had elapsed since the leaflets were dropped, the US would begin artillery bombardment.[112]

Another institution which promoted the killing of civilians was the body count. As Joanna Bourke said: “The ‘body count’ of the Vietnam War formalized psychological processes of dehumanisation….”[113] It should be said at the outset that “body counts” and “kill ratios” are not some logical outcome of an attrition policy. Attrition is about destroying an enemy’s forces and given the situation in South Vietnam[114] it would have made far more sense to emphasise achieving this by the capture or destruction of weapons and supplies. The body count in Vietnam was not just about facilitating violence against enemy combatants, it also created an incentive and inclination to kill civilians. Marilyn Young concluded thatlogic seemed to have no end short of the progressive elimination of the population of the South.”[115]

The practice of counting civilian dead as the enemy was known as the “mere gook rule”, and was the direct result of “pressure from on high for ever larger body counts”.[116] Jonathan Neale summarises the logic: “In effect, the American plan was to kill the Vietnamese until they gave up. The pressure for this was relentless. The Pentagon demanded statistics. In some rear unit’s the officers chalked the cumulative kills on a board. Officers knew their careers would depend on their numbers. And although the officers seldom said, ‘Kill all the civilians you can,’ they seldom criticized anybody for doing that, and often praised them.”[117] According to Gibson: “Producing a high body count was crucial for promotion in the officer corps. Many high-level officers established ‘production quotas’ for their units, and systems of ‘debit’ and ‘credit’ to calculate exactly how efficiently subordinate units and middle-management personnel performed.”[118] There were often rewards for kills as a former GI recalls: “There was a real incentivizing of death and it just fucked with our value system. In our unit guys who got confirmed kills would get a three-day in-country R and R.”[119] Perhaps more significantly, a failure to meet a “production quota” could sometimes mean being returned immediately to dangerous duty.[120]

A further institution which promoted the killing of civilians was the “search and destroy” mission. The search and destroy mission is mainly notable as an inherent part of of the ‘Fire-power/Attrition’ strategy, but such things are all inter-connected. The significance of search and destroy missions in terms of killing civilians is very well summed up by Michael Bernhardt, who was present at the My Lai massacre: “I think something like My Lai probably had happened many times before. It was just a matter of scale. Here’s the thing. The whole war effort was built on three pillars-the free-fire zone, the search-and-destroy mission, and the body count. The free-fire zone means shoot anybody that moves. The search-and-destroy mission is just another way to shoot anything that moves. I call it the portable free-fire zone – you tote it around anywhere you go. And the body count is the tool for measuring the success or failure of whatever you’re doing. When you’ve got those three things it doesn’t take a genius to figure out how it’s going to end up.”[121]

These circumstances, along with the abovementioned institutions, created a situational predisposition to kill civilians which might be strongly at odds with the actual values of the individual serviceman. Gibson insists that “atrocities against Vietnamese routinely resulted from the production logic in which the war was conceptualized and fought.”[122]

A very significant circumstance was the endemic racial animus amongst US troops, usually against East Asians as a whole. In training US military personnel were taught to hate their enemy in explicitly racial terms such as “gook”, “slope”, “dink”, “gooner” and “zipperhead”. These terms did not, of course, distinguish combatant status, nor political affiliation, nor even nationality and ethnicity. The result was that even Asian American’s were in danger of being shot because in the belief that they were Vietnamese (one was advised to dye his hair blond and whistle dixie when it got dark).[123] Many, if not most, combat troops came to see all Vietnamese as the enemy, but ironically there was considerable respect for their actual armed opponents, the PLAF and PAVN.[124] Contempt and hatred was particularly extended to their allies: “Many [US Troops] now regarded the ARVN, indeed all Vietnamese, with open contempt. At the same time they came to think of the VC/PAVN as a resourceful and able foe.”[125]

Adding to this was the sense of fear that derived from sense of being universally hated and the hysteria generated therefrom. eale, before detailing the common ways in which US troops would commit serious acts of violence against children for sport, writes: “The old soldiers told the new soldiers the truth [sic]: those children hate us. They know where the mines are. They want us to die.” Having established this “truth” Neale goes on to detail the common practice of throwing full cans of c-rations at childrens heads to split them open.[126] Other such “truths” about the local population would spread amonst the troops, including the belief that Vietnamese children sold poisoned Coke,[127] that the Vietnamese would rig their own babies with explosives to kill GIs, and that prostitutes would boobytrap their vaginas with broken glass.[128]

These rumours are symptomatic of a larger sense of panic and insecurity, and their infantile nature should not distract from the deadly seriousness of the mental condition of the US troops. Former medic George Evans describes the circumstances under which two young boys had died: “I found out they’d been hit by an American military truck and that there was this kind of game going on in which, supposedly, guys were driving through town gambling over who could hit a kid. They had some disgusting name for it, something like ‘gook hockey’.”[129]

Such behaviours are both a result and a cause of an alienation, a massive gulf between Vietnamese and US servicemen, but one of the greatest reasons for that separation lay in the US policy of 1 year tours of duty. As a former ARVN interpreter explains: “The GIs didn’t understand anything at all about Vietnam. They always talked about being here for just one year. Look at their calendars- XXX every day. Everywhere GIs lived they had their calendars, marking off every day, counting the days. By the time they had some understanding, it was time to leave.”[130] The whole culture of the US personnel was one in which Vietnam was not even real, while the US was the “World”.

Just as soldiers of other nations have been, US military personnel were desensitised to violence, fear, pain, and death as part of their formal training. A sample of boot camp experiences is given by Gibson:

“We were told that “the only good gook is a dead gook, and the more gooks you kill, the more slant-eyes you can kill in Vietnam, that is the less you will have to worry about them killing you at night.”

“Now in this training they referred to the Vietnamese as dinks or gooks. The impression was that they were something less than human. I had a drill sergeant in AIT [Advanced Infantry Training] reply to a question, ‘What is it like over there?’; and he told us, he said, ‘It is like hunting rabbits and squirrels.’

“…the main word was, ‘Kill. Kill. Kill.’ all the time, they then pushed it into your head twenty-four hours a day. Even before you sat down to eat your meals, you had to stand up and scream ‘Kill’ before you could sit down and eat.”[131]

Gibson also prints some of the chants used in drill, such as: “VC, VC, kill, kill, kill. Gotta kill, gotta kill, ’cause it’s fun, ’cause it’s fun.”[132] Obviously desensitisation not only facilitates the killing of the enemy, but it is a blunt instrument which also promotes killing per se. One of the most famous of all boot camp cadences from the Vietnam era had the refrain: “Napalm sticks to kids!” Perhaps this particular desensitising phrase was relevant to the conditions that the personnel were about to face, but it has nothing whatsoever to do with combat and the ability to perform the role of a soldier.

It is also a departure from normal military practice to induce unreasonable fear in the soldiers being trained. One former air hostess described the men en route to Vietnam: “These were boys destined for combat and they had been told in training what their expected mortality rate was. I remember an air force Blue Beret actually told me they were trained to die. He didn’t expect ever to go home.”[133] Actually, US casualties were extremely light in the Second Indochina War with less than 2% of those who served in or over Indochina being killed. Naturally the burden was not even and some faced a much higher risk. Nevertheless, in comparison with the odds faced, even by their own countrymen and women, in World War II, these were not in themselves figures which should have induced despondency.

Nevertheless, the sense of peril permeated everything. William Calley, who massacred civilians at My Lai, had this to say about his training: It was drummed into us, ‘Be sharp! On guard! As soon as you think these people won’t kill you, ZAP! In combat you haven’t friends! You have enemies!’ Over and over at OCS we heard this, and I told myself, I’ll act as if I’m never secure. As if everyone in Vietnam would do me in. As if everyone’s bad.”[134]

The fear felt by US troops was increased by the failure or outright refusal of their commanders to create securely policed occupied territory. Instead massive base camps were constructed which were like small cities, such as one Long Binh which “boasted movie theaters, slot machines, steam baths, restaurant complexes, lawns and flower beds….”[135] This was another factor which kept the US personnel segregated from the local population (except in I Corps where the Marines referred to their compatriots as ‘ice-cream soldiers’),[136] and created a situation where there were highly Americanised islands of safety in a sea of Vietanmese hostility and danger.

Another effect of US tactics at this time was that when on patrol or Search and Destroy missions, ground forces were essentially being used as bait. They would walk until making “contact” (which the US’s own figures indicate was almost always a case of coming under fire from the enemy) and then radio in air and ground artillery strikes.[137] Actually, this manner of emphasising fire-power may have been an effective way of minimising US casualties,[138] but it led to a strong sense of spatial insecurity. Spencer Tucker wrote: “The dominant idea was to locate its enemy using infantry as a reconnaissance force and then destroy him with artillery and air power. Notoriously wasteful of matériel resources, this indiscriminate method meant that innocent civilians often got caught in the crossfire. It also lead to ‘firebase psychosis’ whereby US commanders grew reluctant to commit troops beyond the range of firebase support.”[139] All of this, for the actual ground troops, must have created a complete sense of demoralising powerlessness.

There was also a sense of futility generated. The author Tim O’Brien told Christian Appy: “It was just a blur of going from village to village through paddies with no sense of destination, or mission, or purpose. You’d just wake up and go to a village, search it, and leave. Somebody might die or not, and you’d come back a month later to the same damn village and do it again. It was like going in circles and not really achieving anything. You weren’t winning hearts and minds and you weren’t winning ground. You didn’t know who to shoot unless they were shooting at you. The enemy seemed to be everywhere and nowhere.”[140] The result was that, in one former infantryman’s words, “…slowly as fear mounted frustration and rode down a crippled confidence, as callousness started taking over from condescension in our attitude to the Vietnamese, our vision blurred, clouded over, and refocused. Where before we had found it difficult to see the enemy anywhere, now we saw him everywhere. It was simple now; the Vietnamese were the Viet Cong, the Viet Cong were the Vietnamese. The killing became so much easier now.”[141]

Of course, atrocities committed by troops on the ground contibuted only a tiny part of the overall suffering in south Vietnam, let alone Indochina as a whole. But they must have played a very significant role in encouraging people to take up arms against the US. They also give insight into the US military effort as a whole. What is striking about accounts of atrocities is that frequently there is no trigger as such, merely a momentary failure of will against ongoing pressures which effectively made murder the path of least resistance. Tiger Force (an elite unit) were pressured into being “productive”, through the usual means, but as their habitual killing of civilians became known to superiors they were actually consciously used as a death squad (I can think of no other term) by battalion commanders. Sallah and Weiss give considerable detail about this process which is too complicated to summarise here, but on at least 8 occasions they highlight the centrality of orders coming from officers not in the field.[142]

Genocidal logic or Military Illogic?

I think it is safe to reduce my thesis here to the following: The US committed genocide in Indochina and because of that Viet Nam lost the “war” in far more substantive ways than it won by achieveing a military victory. In some ways you could say that both sides won in the terms on which they chose to fight. But the US, a global hegemon, had the luxury of playing the longer game and was also able to force the each of the Indochinese regimes (ally, enemy or neutral) into a internationalised high-tech industrial conflict that none of them would have chosen.

I should note here that though much of this article is copied from a post-graduate research paper I wrote in 2008, there is much of relevance in that dissertation that I have not relayed here. The most important is that the US forced its opponents to fight, despite considerable reluctance. It shouldn’t surprise anyone really, but no one wanted to go to war with them most powerful military on the planet.[143]

Another thing which is detailed throughout the paper is the way the militarily counterproductive actions of US forces helped maintain and sustain their enemies. I have alluded to the fact that killing civilians helps recruit enemies, and as it happens Ben Kiernan has just this week published, with co-author Taylor Owen, an article reitierating: “During the four years of United States B-52 bombardment of Cambodia from 1969 to 1973, the Khmer Rouge forces grew from possibly one thousand guerrillas to over 200,000 troops and militia.”

The US also acted in ways which ensured that their enemies were well armed. An indication of how crucial the US was in arming the PLAF can be gotten from the figure given by investigative reporter I. F. Stone, who revealed estimates that in 1965 97.5 per cent of PLAF weapons were of non-communist origin.[144] Some of these may have been captured weapons from the Korean War, transshipped via China, but this is nevertheless an eye-opening figure.

Insurgencies do tend to arm themselves by raiding, but the US military facilitated this inestimably. They maintained a series of easily over-run watchtowers which advisers such as John Paul Vann, believing them to be a result of ARVN stupidity, actually referred to as “VC supply points.”[145] These watchtowers were remnants of the First Indochina War and had been a disastrous burden on the French war effort, tying up 70% of French forces. By 1953 even the French knew that the towers were worse than useless. Bernard Fall described them as “downright ridiculous”.[146] And yet they remained in place right through to the Americanisation of the war. Philip Caputo was astounded to see them in 1965: “If this was a real war zone what were those anachronisms doing here? Their only conceivable us would be as registration points for VC mortar batteries.”[147]

Trading with the enemy also played a very large role in supplying insurgents. US aid was often known to go directly to the enemy. Gibson asks the question, “Why would the war-managers willingly acquiesce in the theft of so much American aid, especially when it sometimes ended in the grasp of the enemy?” The possible answers he provides are that it was either the price the US had to pay for GVN officials to co-operate or that the US could not intervene because to do so would belie the pretence of RVN sovereignty.[148] Neither of these explanations comes close to sufficing because, as Gibson’s own exposition reveals, the system was one created by the US from scratch. The US was also unconstrained by the pretence of sovereignty, and RVN sovereignty was only ever an excuse for not taking actions that were considered undesirable but which it behoved the US to evince support for. Finally it should be noted that GVN officials could have been bought off quite sufficiently without fostering an arms supply for the NLF. ARVN corruption was largely a result of pathetic pay rates – pay rates set by the US.[149]

US profligacy with fire-power also helped the PLAF – a Captain from the tunnel complex at Cu Chi said: “We hardly received any… weapons from the North. … We needed explosives and fortunately soon found them lying all around us on the ground.”[150] Tucker, writing of the earlier parts of the war, summarises the situation with these words, “new weapons that the US provided the ARVN merely meant that the VC would now capture newer, better American weapons….”[151]

Not content with arming and supplying their enemies, it can be argued that the US even contrived to provide them, rest, recreation and medical facilities which also provided sanctuary from the US military’s own offensive operations. I refer here to the Chieu Hoi (“Open Arms”) programme, putatively set up to facilitate defections from the PLAF. This programme was administered by the GVN, but designed, overseen and funded by the US. It consisted of centres spread around South Vietnam where defectors could safely go. It is generally considered to have been a great success because of the large numbers of defectors reported and because of its “cost-effectiveness”, reportedly only $125.12 per “returnee”.[152] But a social psychologist sent in 1966 to study US “psywar” efforts later wrote, “there was no way to know if the so-called ‘defectors’ were what they claimed to be. Anyone who showed up at one of these centers and claimed to be a ‘defector’ was given a bed. We do know that some genuine VC moved into these centers whenever U.S. Army divisions began military operations in their area. Thus the centers became ‘safe havens’ when the heat was on and even provided medical treatment to those wounded in action….”[153]

It is often said that the Vietnamese used their cunning oriental Sun Tzu-inspired military ways to turn US strength against itself. The US is generally represented as being almost stupidly and obtusely plain and open. Gabriel Kolko, for example, said that US officials didn’t really have a concept of historical trends.[154] The truth is almost the complete opposite. The US applied a great deal of abstruse and convoluted ideas which often employed deception. In fact the US had highly sophisticated intelligence and strategy formulation systems. They applied psychosocial and anthropological disciplines rigorously. The US produced large “Psychological Operations” reports on each of the three Indochinese nations in the late 1950s (note well that they produced one report for Vietnam) which the material, social, cultural and psychological milieu of each nation and how to exploit it. However parochial the viewpoint may have been, the US was therefore working with complex and highly informed rather than ignorant and simple-minded premises.[155] Incidentally, the US was also able to bring considerable anthropological acumen to bear when it came to working with the Hmong of Laos[156] and the Montagnards of Vietnam.[157]

In contrast, the PLAF and PAVN were almost completely confined to strictly military actions attacking the physical and moral military strength of their enemies. Their most important military leader, Vo Nguyen Giap, was a keen student of Clausewitz, of T. E. Lawrence, and of Mao Tse Tung who was also heavily influenced by Clausewitz.[158]

The most bitter irony is not the racism of those who assume that Vietnamese leaders would never employ strategic and tactical thinking from Western theorists, but rather that the relative weakness of the DRV regime meant that they could not afford anything but a fully committed outright military struggle. The French, whose war was paid for by the US, would make no concessions to the Viet Minh until they were clearly defeated. But what they won on the battlefield was stripped from them at the negotiating table. The DRV was in dire economic straits due to the ravages of war and colonialism, which, ultimately, was the reason that they even allowed Vietnam to be divided at the Geneva Conference despite having shown they were capable, if the war continued, of winning a complete politico-military victory.[159] The Viet Minh occupied most of Vietnam and Laos and had won a major victory at An Tuc near the 14th parallel. They wanted a temporary division at the 13th or 14th parallel and knew that by accepting a division at the 17th parallel they were facilitating a partition.[160] Douglas Pike, a US official as well as a scholar, puts it forthrightly: “Ironically the agreement in Geneva benefited all parties except the winners.”[161]

So ultimately, despite racial stereotyping, the enemies of the US could do nothing but fight a relatively straightforward military struggle, using the best tactics available to them, until the self-fulfilling prophecy of Communist tanks entering Saigon came to pass. It was the US that exploited Hanoi’s own strengths against it, making the 1973 peace agreement akin to the 1954 peace agreement. This time, however, when the US did not live up to the deal it was inevitable that the DRV would finish the military conquest, creating “visuals” that appeared as the conquest of an aggressor, not an act of liberation or reunification.

The US left to the military victor a deeply divided country which they had partitioned for 21 years. The economy was stretched thin in the North and fragmented, poisoned and half-immolated in the South. Kiernan and Owen write that the latest research suggests that “from 1961 to 1972, American aircraft dropped approximately one million tons of bombs on North Vietnam, and much more on rural areas of South Vietnam – approximately 4 million tons of bombs, 400,000 tons of napalm, and 19 million gallons of herbicides.”

The evidence that the US committed genocide in Indochina is overwhelming. There were statements of clear genocidal intent; there were policies that embodied genocidal intent; every other major policy, practice, or common tactic seemed to belong to a system which maximised the death and destruction visited on the peoples of Indochina. This system seemed equally to be hostile to military efforts, and US actions also blocked all avenues to peace apart from total conquest by Communist-led anti-US forces. This left 3 countries bearing enormous physical, psychological, cultural, social, political, ecological and biological wounds.

To clarify, I think it is safe to reduce the possibilities to two interpretations. A) The US was trying to fight a war, but was for various reasons unable to act in a logical politico-military manner and despite its material superiority was defeated by a weaker but more coherent enemy. B) The US was always engaged in the business of genocide. Recurrent decisions were made on the basis of the desirability of inflicting varying forms destruction on the peoples of Indochina as such. This destruction included, but was not limited to, mass physical violence on a scale which cannot be explained in military terms. The genocide gave the US an effective victory over Laos, Cambodia and Viet Nam despite the military defeat suffered by the US.

We can think of these as hypotheses A and B. Obviously these are not experimentally falsifiable in the way that the ideal scientific hypothesis is. We can’t re-run the entire war and see if it looks different if we ensure there is no genocide, but it is still illuminating to put these in the context of what is considered meritous for hypotheses in science. Most important among those meritous qualities are explanatory power, parsimony and predictive ability.

So how do they stack up?

Hypothesis A doesn’t actually explain events very well. It does explain why Khmer Rouge soldiers took over Phnom Penh 40 years ago, and why Bui Tin told Minh he had no power to surrender. However, it doesn’t really explain the events leading up to that conclusion. US militarists are fond of saying that the US was never defeated in the field in Vietnam. That is utter nonsense, of course, but they never lost anything to force of arms that they couldn’t get back (except morale). There is a very clear disjuncture between all of the years of military success and the finalé of defeat that doesn’t comport with hypothesis A.

Hypothesis B explains a surprising amount. It isn’t a complete explanation for everything, but almost everything the US did in Indochina fits within the framework of genocide. To name a few such things: cluster munitions; strategic hamlets; Operation Speedy Express; Operation Menu; one-year tours of duty; the Phoenix Programme; Agent Orange; child soldiers and ghost soldiers.[162]

Hypothesis A is very far from parsimonious. In fact in important respects, hypothesis A is not a hypothesis at all, but a presumption which has spawned innumerable ornate theories or theorycules about US politics, culture, decisionmaking, psychology, dysfunction, and so forth. For example, I have documented four different variants of quagmire thesis, all of which are distinct from concepts of stalemate, inadvertence, groupthink, and imperial presidency.[163]

According to common perception Hypothesis B might seem to lack parsimony. In the common imagination a project of genocide is something hatched by maniacal plotters behind closed doors and enacted by brutal fanatics. One could argue that this is a perfect description of what occurred in Indochina, but it is subjective. It presupposes that the observer will see the plotters and those who execute the plots as the “other”. It makes people think that they have to reconceptualise the way that US society works because they believe, by definition, that the ordinary functioning of US political power precludes a series of officials all systematically choosing to commit genocide over a period of time. They believe that it would involve special secrecy and Byzantine conspiracy. The reality is far more banal. The maniacal plotters are rational and ordinary men and women, just as the Nazi leaders were. The brutal fanatics are also just ordinary people – frighteningly so. There was a lot of secret conspiracy, that has been well established particularly with regard to the Nixon administrations, but much that was genocidal was simply done in the open.

In fact, hypothesis B requires only a partial corollary. The corollary is that even if the main thrust of US activity was defined by a project of genocide, many personnel, if not entire institutions, engaged earnestly in counter-insurgency, winning hearts and minds and trying to establish democarcy and prosperity. The reason that this is only a partial corollary is that any such substantive effort was systematically undermined or subverted. Every bright idea that was fed into the US came out twisted into another interation of genocide. Efforts at “pacification” for example, spawned genocidal operations like Speedy Express. “Inkblot” counterinsurgency became “strategic hamlets”, “enclave strategy” and “refugee generation”. For any scholars of the 2nd Indochina War who still harbour doubts over the genocide, ask yourself whether it is really possible that all of those well-meaning and often very clever sounding military, political and civil actions somehow all came to inflict damage on the people they were supposed to help or co-opt.

Finally, I will turn to the predictive power of the hypotheses. Obviously this is not 1975, and it is not scientifically valid to make “predictions” in retrospect. But I am not doing science here, I am using concepts that are applied to science in order to show that the commonly accepted orthodox view of the 2nd Indochina War is hopelessly pathetic. That said, let us imagine what hypothesis A would predict. It would predict the “Vietnam Syndrome” and the massive reorganisation of the US military that followed the war. It would be highly consonant with the advent of the Powell Doctrine. In other words, the US military itself behaved very much like it had been defeated in a war. But in other respects the US did not seem like it had lost a war. As mentioned, it was not in any way subject to the power of the victors. In terms of international hegemony the US continued to grow in strength with its financial hegemony actually improving after it dropped the gold standard. The “Third World” – meaning the non-aligned countries – became the “Third World” – meaning impoverished debt-vassals to Western capital. The US won the Cold War and the Laos, Viet Nam and Cambodia embraced the “Washington Consensus”.

More strikingly, though, is the fact that with some reluctance on the part of the US military, the US has started making exactly the same “mistakes” repeatedly and for very protracted periods. Since 2001, the US has been on a spree of war-fighting “mistakes”. In fact, even whilst the war was still happening in Indochina, they were making the same “mistakes” in Latin America and continued to make those “mistakes” for as long as they could.

To put this in perspective there is no country on Earth that comes close to the US in its experience of fighting against insurgencies and irregular warfare once you account for Indian Wars, Cuba, Philippines, every Marine campaign from the Halls of Montezuma to the shores of Tripoli, The Pacific War, Korea, Indochina, the entire Western hemisphere, “advisors”, “trainers”, schools, AFRICOM, CENTCOM and more besides. In fact, I dare say that all other countries in the history of humanity put together have not equalled the US in the sheer number of person hours devoted to counter-insurgency. So how then do we accept the constant diagnosis given by respected analysts who explain US “failures” in terms of their inability to fight insurgencies? Are we that stupid?

Now the counter-insurgency and conventional military “failures” are proliferating, and they all happen to experience the social, cultural, economic, ecological and political destruction, along with mass deaths, that signify genocide. Places like Libya, Iraq, Afghanistan, Pakistan, Syria and Somalia resemble Lemkin’s description of the effects of German genocide very closely.

Hypothesis B might lead one to predict all of this. It could predict that genocidal events would occur in the Western hemisphere admixed with genuine counter-insurgency and politicidal violence by established comprador oligarchs. It would predict that client minorities in Apartheid South Africa and Israel would use the same tactics. It would predict that, as much as possible, the US would avoid the public and military morale problems that meant that it could not indefinitely continue violence against Indochina. In that vein, hypothesis B strongly resonates with actions such as declaring no-fly zones such as that imposed on Iraq during the sanctions period. It would predict that the US would often avoid “boots on the ground” of they were likely to cause exponentially mounting opposition. But where it had found them worthwile once, it would want to keep sending them back even after they had been withdrawn.

Hypothesis B would predict that once the hegemony of the US was threatened on a global scale its genocidal practices would spread. It would militarily intervene in ever more countries in order to weaken the nations and the peoples that threatened to break free of its control. It would exploit the weakness and instability it created in each intervention to perpetuate further destruction creating further weakness and instability which would allow further destruction. This would continue and proliferate until stopped by a fundamental change – either the complete collapse of US power altogether or a change in public perception which causes the genocidal acts to be clearly seen as genocidal and morally unacceptable. US military and economic power is immense and will not simply vanish overnight, so the first option is a guarantee of years of continued destuction, immiseration and death.

A or B?

[1] Raphael Lemkin, Axis Rule in Occupied Europe: Laws of Occupation – Analysis of Government – Proposals for Redress, Washington, D.C.: Carnegie Endowment for International Peace, 1944, pp 80-1.

[2] Carl Von Clausewitz, On War, 2.2.29. Ware: Wordsworth Editions, 1997, p 93.

[3] Estimates of Cambodian deaths resulting from the 1970-75 war range from Vickery’s 500,000 killed (Herman and Chomsky, Manufacturing Consent, p 263) to a credible 1 million excess deaths Sorpong Peou, Intervention & Change in Cambodia: Towards Democracy? Singapore: Institute of Southeast Asian Studies, 2000, p 54. Given that the Cambodian population was an estimated 6 or 7 million in the period of the Second Indochina War, this gives us a figure of between 1 in 6 and 1 in 14 of all Cambodians killed. The US lost around 59,000 (Gibson, A Perfect War, p 9) out of a population around 200,000,000; or 1 in 3390. This gives a range of between 0.18 and 0.41 per cent.

[4] Between 1.8 and 3.2 million Vietnamese died (Neale, A People’s History, pp 75-6; S. Brian Willson, ‘Bob Kerrey’s Atrocity, the Crime of Vietnam and the Historic Pattern of US Imperialism’, in Adam Jones (ed.), Genocide, War Crimes and the West, p 169; Robert K. Brigham, ‘Why the South Won the American War in Vietnam’ in Marc Jason Gilbert (ed), Why the North Won the Vietnam War. New York: Palgrave, 2002, p 98) giving a range of between 1 in 9 and 1 in 16. This gives US percentages as being between 0.27 and 0.47 percent.

[5] Laos is extremely problematic in terms of counting the lives lost. The New York Times gives an estimated figure of 350,000 (Herman and Chomsky, Manufacturing Consent, p 260). That is around 1 in 9, but the figure may be too low when one considers that, in addition to civil war, the Laotians in this period were subjected to 500,000 bombing missions which dropped over 2 million tons of bombs (Willson, ‘Bob Kerrey’s Atrocity…,’ p 168).

[6] Bureau of Economic Assessment, “Current-Dollar and “Real” Gross Domestic Product” [Computer spreadsheet file]. Retrieved 25 January 2008 from http://www.bea.gov/national/xls/gdplev.xls.

[7] William, Shawcross, Sideshow: Kissinger, Nixon and the Destruction of Cambodia. London: Fontana, 1980 (1979), pp 220-1.

[8] Ben Kiernan, The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge. New Haven and London: Yale University Press, 1996, p 19.

[9] Herman and Chomsky, Manufacturing Consent, p 264.

[10] It ranks 139th on the Human Development Index, which is two places below Cambodia (United Nations Development Programme, ‘Country Fact Sheet – Lao People’s Democratic Republic’. Retrieved 21 April 2015 from http://www.un.org/en/development/desa/policy/cdp/ldc/profile/country_103.shtml Also: http://en.wikipedia.org/wiki/List_of_countries_by_Human_Development_Index#Low_human_development).

[11] Hy V. Luong, ‘Postwar Vietnamese Society: An Overview of Transformational Dynamic’ in Hy V. Luong (ed.), Postwar Vietnam: Dynamics of a Transforming Society. Oxford: Rowman and Littlefield, 2003, pp 12, 14.

[12] Nicholas Minot; Francesco Goletti, ‘Export Liberalization and Household Welfare: The Case of Rice in Vietnam’ in American Journal of Agricultural Economics, Vol. 80, No. 4. (Nov., 1998), p 743. Minot and Goletti actually (to their own evident surprise) projected a slight overall drop in poverty, but they do so on the basis of changes in real income which do not take into account that rural persons are better able to acquire food without income expenditure. They also slightly underestimate the level of urbanisation – they use the 1990 figure of 20 per cent, when by the time of their writing the figure was over 23 per cent (Michael DiGregorio, A. Terry Rambo, Masayuki Yanagisawa, ‘Clean, Green, and Beautiful: Environment and Development under the Renovation Economy’ in Hy V. Luong (ed.), Postwar Vietnam: Dynamics of a Transforming Society. Oxford: Rowman and Littlefield, 2003, p 189.) and do not account for future urbanisation. Michel Chossudovsky suggests that the Vietnamese did, in the actual event, become considerably poorer (Michel Chossudovsky, The Globalisation of Poverty and the New World Order. Shanty Bay, Ontario: Global Outlook, 2003, p 168).

[13] Gilbert, ‘Introduction’, p 26.

[14] Cawthorne, Vietnam: A War Lost and Won, pp 77-8.

[15] Some of the metal was actually sold back to Viet Nam by a Japanese conglomerate at market rates (Chossudovsky, The Globalisation of Poverty…, pp 172-3).

[16] Adam Fforde and Suzanne H. Paine, The Limits of National Liberation. Beckenham, Kent: Croom Helm, 1987, pp 127-8.

[17] Robert D. Schulzinger, A Time for War: The United States and Vietnam, 1941-1975. Oxford: Oxford University Press, 1997, pp 172-3.

[18] John Pilger, “Year Zero” in John Pilger (ed.), Tell Me No Lies: Investigative Journalism and Its Triumphs, London: Vintage, 2005, pp 120-157. See also Alexander Laban Hinton, Why Did They Kill? : Cambodia in the Shadow of Genocide, Berkeley: University of California Press, 2005;

[19] Peou, Intervention & Change in Cambodia, p 143; Spencer C. Tucker, Vietnam. Lexington, Kentucky: University Press of Kentucky, 1999, p 196.

[20] Herman and Chomsky, Manufacturing Consent, p 260.

[21] Wilfred Burchett, The China, Cambodia, Vietnam Triangle. Chicago and London: Vanguard Books and Zed Press, 1981, pp 41-2.

[22] Shawcross, Sideshow, p 238.

[23] Ben Kiernan ‘The Samlaut Rebellion, 1967-68’ in Kiernan, Ben, and Boua, Chanthou (eds). Peasants and Politics in Kampuchea, 1942-1981. London: Zed Press, 1982, pp 166-172.

[24] Shawcross, Sideshow, pp 52-3, 55-7

[25] Shawcross, Sideshow, pp 64-5.

[26] Kiernan, The Pol Pot Regime, p 18.

[27] Shawcross, Sideshow, pp 114-5.

[28] William Blum, Killing Hope: U.S. Military and C.I.A. Interventions Since World War II (2nd ed.), Monroe: Common Courage Press, 2004, pp 137-8; Peou, Intervention & Change in Cambodia, pp 125-6; Shawcross, Sideshow, pp 114-23;

[29] Partly because the MACV produced figures 5 times as high as the more likely CIA figure. The Central Intelligence Agency agreed there was a flow through Cambodia, but its National Intelligence Estimate in 1968 put the level at only two thousand tons. Pacific Command intelligence essentially accepted the CIA estimate. The State Department argued that “what reliable evidence is available does not suggest that the operation is of the magnitude MACV describes.”’ Even the Pentagon questioned MACV methodology. CIA analyst Paul Walsh conducted ‘quite a sophisticated’ study, arriving ‘at a figure of something like six thousand tons from 1967 to early 1970. By then MACV’s claims were up to about eighteen thousand.’ (Prados, The Hidden History of the Vietnam War, p 236.

[30] Shawcross, Sideshow, p 64.

[31] Shawcross, Sideshow, pp 202, 221, 251.

[32] Shawcross, Sideshow, p 19.

[33] Marilyn B. Young, The Vietnam Wars 1945-1990. New York: Harper Perennial, 1991 pp 72, 186; William S. Turley, The Second Indochina War. Boulder, Colorado: Westview, 1986, pp 79-80; Tucker, Vietnam, p 129.

[34] Shawcross, Sideshow, p 140.

[35] Young, The Vietnam Wars, p 245.

[36] Shawcross, 1979, p 151.

[37] Kiernan, The Pol Pot Regime, pp 19-23. Also see Peou, Intervention & Change in Cambodia, p 128.

[38] Shawcross, Sideshow, pp 73, 180, 194-5, 261.

[39] Shawcross, Sideshow, p 249.

[40] Shawcross, Sideshow, p 254

[41] Shawcross, Sideshow, p 220.

[42] Shawcross, Sideshow, pp 317-9.

[43] Shawcross, Sideshow, p 149.

[44] Peou, Intervention & Change in Cambodia , p 127.

[45] Shawcross, Sideshow, p 163.

[46] Kiernan, The Pol Pot Regime, p 24.

[47] Kiernan, The Pol Pot Regime, p 19.

[48] Shawcross, Sideshow, p 186.

[49] Shawcross, Sideshow, pp 254-5.

[50] Shawcross, Sideshow, p 169.

[51] Nigel Cawthorne, Vietnam: A War Lost and Won. London: Arcturus Publishing, 2003, p 213; William C. Westmoreland “A Look Back” (1988). Retrieved 25 April 2015 from https://ongenocide.com/material/.

[52] Cawthorne, Vietnam: A War Lost and Won, p 64.

[53] Edward Cuddy, “Vietnam: Mr. Johnson’s War. Or Mr. Eisenhower’s?” The Review of Politics, 65:4, Autumn 2003, pp 360-1.

[54] Frederik Logevall, “Lyndon Johnson and Vietnam”, Presidential Studies Quarterly, 34:1, March 2004, p 100.

[55] Schulzinger, A Time for War, pp 146, 166.

[56] Schulzinger, A Time for War, pp 169-70.

[57] Christian Appy, Vietnam: The Definitive Oral History Told from all Sides. London: Ebury Press/Random House, 2006 (2003), pp 120-3.

[58] Logevall, ‘Lyndon Johnson and Vietnam’ p 101.

[59] Schulzinger, A Time for War, pp 99, 111; Fred I. Greenstein and Richard H. Immerman, ‘What Did Eisenhower Tell Kennedy about Indochina? The Politics of Misperception.’ The Journal of American History, Vol. 79, No. 2. (Sep., 1992), p 584. These authors, I should point out, take the vocalisations and equivocating as a symptom of reluctance: “The events that culminated in United States military intervention in Vietnam were marked by continuing disagreement and ambivalence on the part of American policy makers, who sought to arrive at outcomes falling between what Eisenhower at one point described as the ‘unattainable’ and the ‘unacceptable.’”

[60] Schulzinger, A Time for War, p 111.

[61] Michael Sallah and Mitch Weiss, Tiger Force. London: Hodder and Stoughton, 2006, pp 29-30

[62] Tucker, Vietnam, p 151; John Prados, ‘Impatience, Illusion and Assymetry’ in Marc Jason Gilbert (ed), Why the North Won the Vietnam War. New York: Palgrave, 2002, p 141.

[63] McGeorge Bundy, ‘Memorandum for the President, February 7, 1965,’ in Gareth Porter and Gloria Emerson (eds), Vietnam: A History in Documents (abridged). New York: New American Library, 1981 (1979), pp 295-9.

[64] Harry Summers, On Strategy: A critical analysis of the Vietnam War. New York: Presidio Press, 1995 (1982) pp 117-8.

[65] Many authors are happy to suggest that the US was mistaken because it thought that Hanoi would not be so complacent about the deaths of its own people. By this means the whole public relations paradigm of graduated response reverses victim and perpetrator in the same manner as a large bully using a smaller child’s hands to hit his face while saying, ‘stop hitting yourself.’ Jeffrey Record writes that the air campaign against the DRV failed because: ‘As a fiercely nationalistic totalitarian state prepared to sacrifice entire generations of its sons to achieve Vietnam’s reunification, North Vietnam was a very poor candidate for coercion through bombing,’ (Record, ‘How America’s Military Performance…’, in Gilbert (ed.), Why the North Won the Vietnam War, p 128). Cawthorne, referring to US use of fire-power more broadly reads into a Defense Department report that Hanoi calculatedly maintains a level of casualties just below its birth rate (Cawthorne, Vietnam: A War Lost and Won, p 114). This sort of ‘analysis’ relies on unexamined racial notions and also the unexamined presumption that the DRV leaders were presented with any choices in regard to either war on the ground or the air campaigns.

[66] Turley, The Second Indochina War, p 87.

[67] Gibson, A Perfect War, p 330.

[68] Cawthorne, Vietnam: A War Lost and Won, pp 96-7.

[69] Turley, The Second Indochina War, pp 92-5.

[70] Qiang Zhai, ‘Opposing Negotiations: China and the Vietnam Peace Talks, 1965-1968,’ The Pacific Historical Review, Vol. 68, No. 1. (Feb., 1999), p 25.

[71] ‘The four points were: recognition of the fundamental rights of the Vietnamese people to peace, independence, sovereignty, unity, and territorial integrity, accompanied by unilateral American withdrawal and the unconditional cessation of military operations in South and North Vietnam; American respect for the Geneva Agreement of 1954 settlement of South Vietnamese problems by the South Vietnamese people in accordance with the program of southern revolutionaries without outside interference; and no foreign interference in the peace process leading to the reunification of Vietnam,’ (Pierre Asselin, ‘Hanoi and Americanization of the War in Vietnam: New Evidence from Vietnam,Pacific Historical Review, Vol. 74, No. 3, p 433, n 21.

[72] Logevall, ‘Lyndon Johnson and Vietnam’ pp 106-7.

[73] Gibson, A Perfect War, pp 333-4.

[74] Mark Levene, Genocide in the Age of the Nation-State, Volume II: The Rise of the West and the Coming of Genocide, London, New York: I.B. Tauris, 2005, p 13.

[75] Levene, Genocide in the Age of the Nation-State: Volume II, p 13.

[76] Adam Jones, Genocide: A Comprehensive Introduction, London: Routledge, 2006, p 71.

[77] Levene, Genocide in the Age of the Nation-State: Volume II, pp 10, 13.

[78] John Docker, Raphael Lemkin’s History of Genocide and Colonialism, Paper for United States Holocaust Memorial Museum, Center for Advanced Holocaust Studies, Washington DC, 26 February 2004, p 5.

[79] Samuel P. Huntington, “The Bases of Accomodation” in Foreign Affairs, 46:4, July 1968, pp 648-9.

[80] Philip Jones Griffiths, Vietnam Inc., Sydney: Phaidon, 2001.

[81] Appy, Vietnam, p 242.

[82] Raphaël Lemkin, Axis Rule in Occupied Europe: Laws of Occupation – Analysis of Government – Proposals for Redress, Washington, D.C.: Carnegie Endowment for International Peace, 1944, p 89.

[83] Lemkin, Axis Rule, pp 89-90.

[84] Raphaël Lemkin, “Genocide”, American Scholar, 15:2 , April 1946, p 227.

[85] Michael Sallah and Mitch Weiss, Tiger Force. London: Hodder and Stoughton, 2006.

[86] Bernd Greiner, War Without Fronts: The USA in Vietnam, London: Vintage, 2010.

[87] Greiner, War Without Fronts, p 11.

[88] Nicholas Turse. Kill Anything That Moves: United States War Crimes and Atrocities in Vietnam, 1965–1973. Ph.D. thesis, Columbia University, 2005.

[89] Deborah Nelson, The War Behind Me: Vietnam Veterans Confront the Truth about U.S. War Crimes, New York: Basic Books, 2008.

[90] Nicholas Turse. Kill Anything That Moves: The Real American War in Vietnam, New York: Metropolitan Books, 2013.

[91] Greiner, War Without Fronts, pp 12-3.

[92] Greiner, War Without Fronts, p 31.

[93] Nelson, The War Behind Me, p 127.

[94] This description is from a speech given in Los Angeles at the United Methodist Church in North Hills on July 20, 2003 which was recorded by the L.A. Sound Posse. S. Brian Willson, ‘US Intervention in Korea’. Los Angeles: 20 July 2003. Retrieved 28 April 2015 from http://www.radio4all.net/index.php?op=program-info&program_id=7485.

[95] S. Brian Willson, “Biography”. Retrieved 28 April 2015 from http://www.brianwillson.com/bio.html

[96] Neil Sheehan’s A Bright Shining Lie: John Paul Vann and America in Vietnam, New York: Vintage 1989 (1988), p pp 617-8.

[97] Turley, The Second Indochina War, p 66.

[98] Sallah and Weiss, Tiger Force, pp 77, 164, 290-2.

[99] Gibson, A Perfect War, p 135.

[100] Sheehan, A Bright Shining Lie, pp 106-111.

[101] Sheehan, A Bright Shining Lie, p 111.

[102] Roger Warner, Shooting at the Moon: The Story of America’s Clandestine War in Laos, South Royalton, Vermont: Steerforth Press, 1996, p 82.

[103] Summers, On Strategy, p 168.

[104] Tucker, Vietnam, p 96; Shawcross, Sideshow, p 178.

[105] Tucker, Vietnam, p 150.

[106] Sheehan, A Bright Shining Lie, pp 109-110.

[107] Noam Chomsky, For Reasons of State, New YorK; New Press, 2003, p 21.

[108] Philip Caputo, A Rumor of War. London: Arrow, 1985 (1977), p 74.

[109] Gibson, A Perfect War, p 138.

[110] Herman and Chomsky, Manufacturing Consent, p 195.

[111] John Pilger, Heroes, London: Vintage, 2001, (1986) p 191.

[112] Helen Emmerich quoted in Gibson, A Perfect War, p 141.

[113] Joanna Bourke, An Intimate History of Killing: Face to Face Killing in 20th Century Warfare. London: Granta, 1999, p 220.

[114] Briefly put, the US was running a very expensive interdiction campaign in the air and supplies were very difficult to move South from the DRV. The southern forces needed very little in the way of supplies to continue an insurgency whose pace they determined themselves, but it was nevertheless true that supplies and weapons were of inestimable value.

[115] Young, The Vietnam Wars, p 187.

[116] Jeffrey Record, ‘How America’s Own Military Performance in Vietnam Abetted the “North’s” Victory’ in Marc Jason Gilbert (ed), Why the North Won the Vietnam War. New York: Palgrave, 2002, p 125.

[117] Neale, A People’s History of the Vietnam War, p 85.

[118] Gibson, A Perfect War, p 112.

[119] Appy, Vietnam, p 365.

[120] Gibson, A Perfect War, p 120.

[121] Appy, Vietnam, p 350.

[122] Gibson, A Perfect War, p viii.

[123] Appy, Vietnam, p 358.

[124] Neale, A People’s History of the Vietnam War, p 94.

[125] Tucker,Vietnam, p 152.

[126] Neale, A People’s History of the Vietnam War, p 96.

[127] Caputo, A Rumor of War, p 107.

[128] Cawthorne, Vietnam: A War Lost and Won, p 60.

[129] Appy, Vietnam, p 452.

[130] Appy, Vietnam, p 375.

[131] Gibson, A Perfect War, pp 181-2.

[132] Gibson, A Perfect War, pp 182.

[133] Appy, Vietnam, p 107.

[134] Gibson, A Perfect War, p 182.

[135] Record, ‘How America’s Military Performance…’, in Gilbert (ed.), Why the North Won the Vietnam War, p 127.

[136] Caputo, A Rumor of War, p 65.

[137] Neale, A People’s History of the Vietnam War, pp 87-8.

[138] Gibson, A Perfect War, pp 110-2.

[139] Tucker, Vietnam, p 131.

[140] Appy, Vietnam, p 543.

[141] Neale, A People’s History of the Vietnam War, pp 90-1.

[142] Sallah and Weiss, Tiger Force, pp 29-30, 240, 250, 261, 278, 279, 285, 292.

[143] See: Beyond Stalemate, pp 61-80.

[144] Chomsky, For Reasons of State, p 44.

[145] Sheehan, A Bright Shining Lie, p 101.

[146] Gibson, A Perfect War, pp 61-2.

[147] Caputo, A Rumor of War, p 54.

[148] Gibson, A Perfect War, pp 258-60.

[149] Schulzinger, A Time for War, p 191.

[150] Neale, A People’s History of the Vietnam War, p 100.

[151] Tucker, Vietnam, pp 92-3.

[152] Larry Cable, Unholy Grail: The US and the wars in Vietnam, 1965-8. London: Routledge, 1991, p 155.

[153] James O. Whittaker, ‘Psychological Warfare in Vietnam’ in Political Psychology, Vol. 18, No. 1. (Mar., 1997), p 168.

[154] Gabriel Kolko, Vietnam: Anatomy of War 1940-1975. London: Allen and Unwin 1986, p 48.

[155] Shawcross, Sideshow, pp 56-8.

[156] Warner, Shooting at the Moon, p 108

[157] John Prados, The Hidden History of the Vietnam War, Chicago: Ivan R. Dee, 1995, p 74.

[158] Phillip Davidson, Vietnam At War: The History 1946-1975, Oxford: OUP, 1991, p 20.

[159] Kolko, Anatomy of War, p 64.

[160] Gibson, A Perfect War, p 67.

[161] Douglas Pike, Viet Cong: The Organisation and techniques of the National Liberation Front of South Vietnam. Cambridge, Massachusetts: MIT Press, 1968 (1966), p 51.

[162] All of which can be found in Beyond Stalemate.

[163] All of which can also be found in Beyond Stalemate.

An Open Letter to an IDF Apologist at the BBC

Standard

Ironic pic of Orwell at Big Brother Corp

After 10 years as a business reporter, Anthony Reuben is now the BBC News inaugural “Head of Statistics”. True to the spirit of 1984 he seems to take his role as being to remind people of such numerical truths as “2 + 2 = 5 fanatical Islamist terrorist Hamas militants”. In a report on what the statistics tell us about the recent fatalities in Gaza, he highlights the fact that a disproportionate number of young men are being killed. Another BBC report on Gaza casualties is quite shocking, but its impact is diminished by a link to Reuben’s article with the words “If the Israeli attacks have been ‘indiscriminate’, as the UN Human Rights Council says, it is hard to work out why they have killed so many more civilian men than women”

Someone else has already written an email to Reuben which is posted at the Media Lens message board. It covers some of the territory that I have, but I felt that I needed to add a few things in a missive of my own. I got a little bit carried away, but the result is heartfelt…

To Anthony Reuben,

I have to ask, just what sort of statistician are you? Surely one of the fundamental tenets in statistical thought is that correlation does not imply causation, yet without the implicit unsupported claim that a gender imbalance in fatalities indicates IDF discrimination, your article has no purpose.

When I write “no purpose” I really mean “no legitimate purpose”. It is a great propaganda point for Israel to use the deaths of “military aged males” to imply military legitimacy in their violence. Your work certainly goes a long way to helping the IDF promote its narrative. This means that you are helping them, and I hope you realise that you are therefore complicit in their actions.

Need I remind you that Srebrenica was primarily a massacre of “military-aged males” and that those who committed that genocidal act used the same excuse as the IDF? By itself that destroys the tacit premise of your article unless you also consider Srebrenica to be a legitimate military action. The fact is that it is normal that adult male civilians are targeted and murdered at far higher rates than women and children. There are a number of reasons why this is the case, including the psychology of those committing the murders. Military personnel find it easier to kill adult male civilians than others. Additionally, apologists such as yourself find it easier to muddy the waters over war crimes.

You breezily dismiss the issue of gender disparity in war casualties from other conflicts: “There has been some research suggesting that men in general are more likely to die in conflict than women, although no typical ratio is given.” With a flourish of misdirection, which seems to come naturally to the hack and the junk-merchant, you induce the reader to think that nothing of relevance is contained in the paper which you link to. You let people know that you have read it, but it really has nothing to illuminate the issue. However, the paper does establish that although there is a great deal of variation between conflicts, there is undeniable precedent for far greater numbers of male than female civilians being killed directly in conflicts. In other words, if you were half the statistician you claim, you would recognise that a disproportionate death rate amongst Gazan men is no evidence that more armed militants have been killed than Hamas claims, is not evidence that the IDF is practicing discrimination, and is not evidence that the IDF does not target civilians.

Moreover, the paper you cite is in itself too narrow in scope for the purposes of your article. There is relevant historical evidence which is denied by no one. Not one person who knows anything about the subject denies that there is a long standing practice of killing adult male civilians. It seems to be as old as human mass violence, and it is certainly as old as the phenomena we understand as war and genocide. It is a practice which falls under the category now given as “gendercide”. Like mass rape, the tactic of the mass killing of men is not merely aimed at the immediate victims, but is a genocidal tactic aimed at social cohesion. In a patriarchal society and/or one with high numbers of dependent children, the impact of killing a “military age male” – which is to say a “working age male” – is multiplied.

But perhaps the most important propaganda role you are playing is to access that moral and emotional numbness with which we have all been induced to view violence against young men. I have read many accounts of violence, and I will admit that the images that haunt me are those of violence against children. Yet I can also say that those who are close to the violent deaths of men do not view it with the equanimity that our public discourse accords the subject. These are human beings who love and are loved. They feel as much fear, pain, grief and guilt as anyone other human being in their last moments, whether they carry a gun or not. We project on to these dying men a sense that they are agents in their own deaths, as if war were some sort of shoot-out at high noon where every male carries a sixgun. The emphasis on “women and children” is an impulse of armchair humanitarianism by the insipid and the self-righteous.

Perhaps, to understand my point, you could watch and rewatch the video posted here of a young man being murdered by an Israeli sniper. Watch it and ask yourself, “what does my article say about this man’s death”? This is the death of a 20-29 year-old male, so if your article isn’t about this, then what on Earth is it about? I mean that seriously. Your holier-than-thou detached statistical conceits actually say nothing at all about the horrible death of this man except to suggest that somehow it doesn’t really count.

You are also making a big straw man out of the UN accusation of indiscriminate and disproportionate use of force. The real question is the systematic targeting of non-combatants. To date, Israel has targeted 7 UN schools being used as shelters. Fleeing civilians have also been targeted, as have rescue workers and UN personnel. This is based on 3rd party evidence and, quite frankly, only an idiot would give any credence to the IDF’s response to these accusations unless they were subject to cross-examination or were able to provide substantive evidence to back their claims.

But not only do you give unwarranted credence to IDF distortions, you are too lazy, stupid or evil to even check on the veracity of blatant lies. You quote an IDF spokesperson on the subject of Operation Cast Lead: “Hamas and Gaza-based organisations claimed that only 50 combatants were killed, admitting years later the number was between 600-700, a figure nearly identical to the figure claimed by the IDF.” This is a double lie. Firstly, I wouldn’t think it would be too much to expect a BBC reporter to look up what the BBC itself reported about claimed casualties after OCL: “Hamas has said 48 of its fighters were killed. The Popular Resistance Committee says 34 died and Islamic Jihad said it lost 38 men.” Hamas not claiming only 50 combatants killed, it is claiming that only 50 of its combatants were killed. Lie number two, just as easy to sort out by an internet search, is that Hamas or “Gaza-based organisations” have “admitted” to a figure of 600-700. No they haven’t. You are either wilfully being played for a fool, or you are deliberately deceiving your readers.

You also repeat that Israeli claim given exposure by your colleague back in 2009 – that “when militants are brought to hospitals, they are brought in civilian clothing, obscuring terrorist affiliations”. I love this one because you have to be a moron to believe it, but also at least a bit of a racist. There are really two options here, one is that when combat breaks out Gazan militants change into civvies on the rather Pythonesque logic that they will make the evil Zionists pay by seeking matyrdom in mufti [sic]. The other possibility is that these hate-filled fanatic terrorists are so rabid, so irrationally rational, so innately cunning and conniving, that when their comrades are wounded or killed their first response is to give them a change of clothing – presumably remembering to tear, incise and or burn the clothing so that it matches the flesh beneath. Hamas probably has special units of crack combat-tailors giving makeovers to the dead and dying. While they are working I imagine that the legions of Pallywood specialists are digitally altering stock footage and stills so that every rabid mass-murdering terrorist arrives at the morgue with pictures and video of their tender family life of caring for young children and sickly elders.

Your fatuous hypothesis is that the disproportionate fatalities of young males suggests that Israel is only accidentally killing civilians in the legitimate pursuit of “terrorists”, and that the IDF, in fact, is practicing discrimination. This is based on four things – ignorance, stupidity, self-satisfied arrogance and the blatant lies of an IDF spokesperson. By privileging statistical evidence as being of a higher order than mere anecdote you manage to suggest that the evidence of our eyes themselves is somehow suspect. This is vulgar scientism. The fact is that a single anecdote can sometimes destroy a statistical hypothesis. The different sorts of evidence provide different sorts of information, one is not inherently better at revealing an objective truth. Statistical methods are frequently abused to create distorted pictures. Statistics provided by belligerents about their own actions are more or less worthless anyway, but sometimes it is perfectly valid to dismiss a statistical account on the basis that it diverges far too much from the collected reliable anecdotes. For example, US figures on civilian deaths in the second assault on Fallujah are risible. Anyone who actually followed the eyewitness accounts of what was occurring at the time knows that these “statistics” are worthless. We know from accounts of US personnel that dead civilians were simply labelled “insurgents”. It is an old practice, perhaps best known from Indochina where it was referred to as the “mere gook rule”.

The “mere gook rule” was elucidated as being “if it’s Vietnamese and dead, then its VC”. The reasons for this were many and varied. People often cleave to the cliché vision of ambitious officers trying to outdo each other by claiming everything conceivable as a kill. Behind that, however, were far more important systemic causes. We do not talk about such things in polite society, but the fact is that the US war machine systematically targeted civilians on the basis that being in a certain location made you a legitimate target deserving of death. They overtly wanted to attack the civilian population in NLF controlled areas on the basis that they were VC “infrastructure”. But to do so they actually redefined them as being combatants. Hence William Westmoreland, that charming man, was able to confidently proclaim that no civilian had ever been killed in a free-fire zone, because he had defined free-fire zones as places where no people were civilians. So when William Calley described his reason for killing women as being because they had “about a thousand little VC” in them, he was actually just expressing official US doctrine.

I feel that I must point out here, in case there is any confusion, that contrary to what seems to be broadly taken as true at the BBC, powerful officials do not actually define reality. I know that this is hard for you to understand, but just because a US General says that the victims of bombing and shelling were all combatants, including the children, it does not make it true. There is a legal definition of “combatant” and international humanitarian law doesn’t actually rely on an honour system where the perpetrator owns up for any acts of naughtiness (and that includes Israel’s activities in Gaza). The Nuremburg Trials, for example, did not consist of a series of cleverly posed questions designed to trap German leaders into admitting that they had started a war and killed civilians. But while we are on that subject, it is always important to remember that every act of mass violence by the Germans was defined by them as an act of war against the “enemy” who were sometimes defined as being a “terrorist population”.

If a normal conscientious human being wrote an article about the gender and age characteristics of fatalities in Gaza, they might at least mention the very prominent fact that the US is now applying a gender and age specific version of the “mere gook rule”. Perhaps you have been sequestered under a rock for the last few years, but there has been significant mention in the news that the US automatically defines anyone killed in their targeted killings who is a military age male as being a “militant” until proven otherwise. “Militant” is such a great word as well because it gives people the impression of legitimacy, but it does not actually specify that the targets were combatants. A study of Israeli targeted killings some years ago found not only that they killed four times as many bystanders as targets, but also that 50% of the “militants” they targeted weren’t actually part of any armed activities. These militants were community organisers, political organisers and union organisers – you know, “infrastructure”.

To recap, then: a military aged male is not necessarily a combatant, but they are frequently targeted as such. This is known as gendercide. Targeting civilians in this way is often accompanied with official semantic approaches which seek to legitimate the targeting of civilians, but by nature any repudiation of legal definitions is in itself a war crime constituted necessarily of the systematic targeting of civilians.

Given everything we see of IDF personnel murdering helpless civilians, what seem to be targeted attacks on medical and aid workers – including UN personnel – and what seem to be deliberate attacks on UN facilities being used as shelters by displaced people, only an Orwellian freak could possibly go along with the idea that the UNHRC’s accusation of indiscriminate use of force is the real issue. Nor is the systematic targeting of civilians even the worst crime on evidence here. Israel is quite blatantly committing genocide as it is defined in law in the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCG), and under the UN Charter it is guilty of criminal aggression. Genocide is considered an “aggravated crime against humanity” which parties to the UNCG are obliged to act to end, whilst aggression was defined at Nuremburg as the “supreme crime”.

I bet you think you know what the word “genocide” means. I bet that deep down in your guts you know that it was never meant to describe the way Israel treats Palestinians. You probably can’t exactly say what genocide means, but you understand its essence and you know that it is offensive and obscene to cheapen the memory of the dead by debasing the coinage with such politicised accusations. Save your indignant spluttering. The legal definition of genocide is quite clear and taking actions aimed at destroying “in whole or in part” the Palestinian people is genocide by definition. The expectation that genocide should always be manifested as a discreet orgy of violence is a vulgar misapprehension. Genocide is frequently a long process of sporadic, chronic violence in the midst of ongoing persecution. In fact, the slow nature of the Israeli genocide is what makes it so much less ambiguous or uncertain than most other genocides. The rhetoric, the strategic imperatives, the tactic, the doctrines and the policies in this case all align to make this an open-and-shut case with none of the usual difficult issues of intentionality. The Kuala Lumpur War Crimes Tribunal not only found Israel guilty of the crime of genocide, but also found several named living Israeli officials guilty of genocide.

I know what you are thinking – you are thinking that the KLWCT is “political” and is motivated by “politics”. Let’s deconstruct that, shall we? In your twisted little world there is nothing “political” about the ICC which is an official body that just happens to spend almost all of its time prosecuting sub-Saharan African leaders who have angered the the US. Are these the worst war criminals in the world? No. Are they the worst war criminals in sub-Saharan Africa? No, not that either, certainly not on the basis of the numbers of victims killed. Apart from one token M-23 guy thrown to the dogs for the sake of appearances, the real crime of these people was that of defying Washington. The ICC, however, is “official”. In your grubby little corner of Oceania this means that it is not “political”. In the same idiom the US is an “honest broker” and John Kerry is a “credible authority”. In the real world, however, despite the involvement of Malaysian political figures, the KLWCT is constituted of independent scholarly and legal experts whose collective interest in the matter of Palestine is purely that of human beings who seek an end to injustice and suffering.

(Have you ever wondered about that? The way in which the pompous organs of the media reverse reality to say that the people who don’t have a vested interest are the suspect “political” voices, but the people who have immense power and money riding on the outcomes of events are considered at least respectable if not authoritative?)

The law may not be perfect, but often the fact that it is a codified standard which can be applied equally to each party is highly illuminating. Admittedly, by the time it reaches a court, international law is generally a selective disproportionate application of what amounts to victor’s justice. But we can independently examine issues in a legal light to get a good view of ethical dimensions of a situation. The question is this, in this instance who is the aggressor and who has the right of self-defence?

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

I know that it is heretical to even think such thoughts, but what if we spent as much time talking about Palestinian rights to self-defence as we do about the non-existent Israeli right to self-defence? When you actually apply international law, Palestinians have every right to use the arms that are available to them in resistance. They are the ones subject to occupation. Israel and its allies have used the statelessness of Palestinians to obfuscate their right to self-defence, but in law you cannot deny rights to individuals on the basis of statelessness which means that they have “the inherent right of individual or collective self-defence” until such time as the UNSC restores peace.

That brings me to something that I find almost as upsetting as seeing the bodies of children killed by “the most moral army in the world”. Those who take up arms against Israel are not legally or morally deserving of death. Most of them will have lost loved ones to Israeli violence. Every one of them suffers under the illegal oppression of the occupation. Deciding to fight back with arms is not some irrational fanatical decision. Yet in our media these men are treated as violent irrational ciphers in a way which both draws on and perpetuates a racist conception of Arab men. Nobody ever puts a human face on these fighters. They are tarred with the brush of Islamism, with its heavy freight of misogynistic savagery, but many of them aren’t even Islamists and those that are have not committed the sort of atrocities which Westerners claim come naturally to Islamists. We should at least remember who is and who isn’t killing babies here – that is not too much to ask is it? It is the IDF who are committing atrocities, and those who take up arms against them have the legal right to do so. They also have the right to life. They don’t enjoy dying, as the British used to claim about Arab tribesmen. They don’t eagerly seek martyrdom. Like isn’t “cheap” to them, as Westmoreland said of “Asiatics”. Those tropes are the worst kind of vicious racism. These fighters are human beings, and their deaths are legally and morally acts of murder.

Surely this doesn’t mean that Hamas can just fire thousands of rockets into Israel killing civilians, does it? Well, actually it does. Killing civilians is illegal, but the responsibility and culpability belongs with Israel’s leadership under the current circumstances. At Nuremburg it was adjudicated that Russian partisans could not be criminally responsible for atrocities carried out because they were in turn responding to the war crimes of the aggressor. Some argue that this Nuremburg precedent seems to give carte blanche to members of any attacked group. Perhaps jus in bello law must be equally applied to all parties no matter what, as a principle of equality under the law. But even if you take that position, was Kenneth Roth of HRW right to assiduously condemn Hamas’s indiscriminate rocket fire when he recently discussed war crimes in Gaza? No. Roth is just being a scumbag. He is either acting as a propaganda agent to deliberately build a false equivalence, or he cares more about pandering and sounding “credible” than he cares for truth and justice.

Let me put this into some sort of perspective. It is, quite frankly ridiculous and wildly disproportionate to even suggest that we need to take steps over the supposed illegality of using insufficiently discriminating arms by factions in a besieged population when the harm to civilians is so much less that that caused to the civilians of the besieged population. Gaza’s rockets and mortars have killed 28 civilians in the last 13 years. [And don’t give me any crap about the wondrous “Iron Dome” – it didn’t even exist for most of that time and Theodor Postol has calculated that it does not work. It is a horrendously expensive PR ploy to maintain the deception that there is some sort of parity between Israeli and Palestinian violence.] Not only would it be a de facto abrogation of the Palestinian right to self-defence to restrict the weapons allowed to those that can only reach the enemy when the enemy chooses to come within range. Moreover, it is another point of law that you cannot accuse someone of a crime when you are also guilty of that crime. If Palestinian rockets and mortars are illegal then so are Israeli rockets and mortars – which kill more people. They share exactly the same properties of being inherently indiscriminate, as do air and ground artillery munitions. There is no qualitative difference between these inaccurate primitive rockets and any other explosives used around civilian populations except that they are a lot less deadly than most. This twisted and sick idea shared between Israel an the US that they can effectively exculpate themselves by saying – “yes, we kill more civilians, but we do it more accurately” is appalling.

The point is, though, not to say that Israel can’t accuse militants in Gaza of war crimes, but to say that none of us can. How can we, in countries that have shelled and bombed and killed so many, accuse Palestinian militants of anything? How could anyone from the US claim that Palestinian munitions are insufficiently precise and discriminating when their own government uses depleted uranium, cluster munitions, napalm, fuel-air bombs, white phosphorous, etc., etc., etc., ad nauseam. The very idea that any Westerner can level war crimes accusations at an desperately poor and ill-armed besieged people for using the only primitive weapons with which they can reach their attacker is sickening and obscene.

I don’t like the rocket attacks. I don’t think Israeli civilians deserve death. But as Osama Hamdan pointed out, when they stop firing rockets, it doesn’t stop Israel from killing and blockading their people. How long do you sit doing nothing while people are killed and while the land, the little strip of a prison, gets ever closer to becoming irreversibly uninhabitable. (There is the Zionist genocidal intent – a realist’s Eretz Israel with a non-citizen Palestinian helots living in controlled West Bank enclaves, while Gaza is a post-apocalyptic pile of polluted rubble.)

If you have actually read this far, you might be marshalling answers with your little weasel brain. Please don’t bother. To put it politely, this letter is in the spirit of a condemnatory open letter. To put it more honestly, I don’t care what a toxic freak like you has to say in his defence. For forty years the dissident voices of our society have taken on this crippling notion that we should “engage” people in “dialogue”, as if our goal is to show people like you the error of your ways. But even engaging someone like you is to give validity to your insane world-view. What sort of callous freak actually goes out of their way to throw condemnations of IDF actions in Gaza into question? Do you wake up in the morning and think, “I know what the world needs, it needs more geeky smug reasons for not having to feel compassion and the desire to end suffering”?

So, frankly, I don’t care what you have to say for yourself. I just want you to know that you are hated. A person half a world away, who is very well educated about the issues involved, hates you for the simple reason that you are the enemy of humanity and your work promotes the suffering of innocents.

All the best for you and your hack friends in your future self-congratulatory endeavours,

Kieran Kelly

 

The United States of Genocide

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Putting the US on trial for genocide against the peoples of Korea, Laos, Viet Nam, Cambodia, Iraq and elsewhere.

The United States of America was built on a foundation of genocide against the indigenous peoples of North America. In fact, all successful settler colonial societies are founded in genocide. The process is one of dispossession – the erasure of one group identity and the imposition of another on the people and/or on the land. But genocide is not merely the foundation of the US nation state, it is also the foundation of the US empire. The US habit of genocide has not died, but has transformed. The US has become a serial perpetrator of genocide with the blood of many millions of innocents spilled in pursuit of imperial hegemony.

There is a fight going on for the very meaning of the term “genocide”. Western powers assert their right to accuse enemies of committing genocide using the broadest possible definitions whilst also touting a twisted undefined sense of “genocide” which can never, ever be applied to their own actions. New Zealand Prime Minister John Key, apparently taking his cue from the US, is currently pushing for reform of the UN Security Council such that the veto power would be unavailable in cases of “genocide”. The UNSC is a political body and “genocide” will simply become a political term cited by powerful states to rationalise aggression against the weak.

Key notoriously said that his country was “missing in action” because it did not invade Iraq in 2003, reminding Kiwis that “blood is thicker than water”. If his desired reforms existed now, the US would probably have a UN Security Council resolution authorising the use of force against Syria on the grounds of “genocide”.

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John Key – Prime Minister of Aotearoa (NZ); former Merill-Lynch Currency Trader

All of those who oppose Western aggression justified as humanitarian intervention under the “responsibility to protect” must stop burying their heads in the sand over this matter. This is a very real fight for the future of humanity. We can either learn and propagate the understanding that US imperial interventions are, by nature, genocidal. Or we can just pretend the word has no meaning; indulge our childish moral impulses and the lazy fatuousness of our scholars and pundits; and let Western mass-murderers use this Orwellian buzzword (for that is what “genocide” currently is) to commit heinous acts of horrific violence which ensure the continued domination of the world’s masses by a tiny imperial elite.

(An aside: apparently people like a pragmatic focus to accompany a call to action. So, am I making the most obvious appeal – that US officials be tried for committing genocide? No I am not. They can be tried for war crimes if people really think that “holding people accountable” is more important than preventing suffering and protecting the vulnerable. But it has been a terrible mistake to construct genocide as being an aggravated crime against humanity committed by individuals, as if it were simply a vicious felony writ large. This has played completely into the hands of those propagandists for whom every new enemy of the West is the new Hitler. The means by which genocides are perpetrated are the crimes of individuals – war crimes, for example – but genocide itself is the crime of a state or para-state regime. That is the proper target of inquisition and censure. Though the attempt was tragically abortive, the Kuala Lumpur War Crimes Tribunal recently began hearing charges of genocide against Israel. We need this sort of process to hear charges of genocide against the US. I fully support such efforts, but my real call to action is a call for thought, for clarity and for self-discipline. People are drawn to using woolly thinking over genocide, wishing to use it as the ultimate condemnation of mass violence without reference to any actual meaning of the term. We must not tolerate it in ourselves or others. We are a hair’s breadth away from the point where “genocide prevention” will be used by major Western powers to justify genocidal mass violence)

US “Wars” are Actually Genocides

Every major military action by the US since World War II has first and foremost been an act of genocide. I do not state this as a moral condemnation. If I were seeking to condemn I would try to convey the enormous scale of suffering, death, loss and misery caused by US mass violence. My purpose instead is to correct a terrible misconception of US actions – their nature, their meaning and their strategic utility. This understanding which I am trying to convey is a very dangerous notion with an inescapable moral dimension because the US has always maintained that the suffering, death and destruction it causes are incidental to military purposes – they are instances of “collateral damage”. But, with all due respect to the fact that US personnel may face real dangers, these are not real wars. These are genocides and it is the military aspect that is incidental. In fact, it is straining credulity to continue believing in a string of military defeats being sustained by the most powerful military in the history of the world at the hands of impoverished 3rd World combatants. The US hasn’t really been defeated in any real sense. They committed genocide in Indochina, increasing the level of killing as much as possible right through to the clearly foreseen inevitable conclusion which was a cessation of direct mass violence, not a defeat. The US signed a peace agreement which they completely ignored. The Vietnamese did not occupy US territory and force the US to disarm and pay crippling reparations.

There is no question that the US has committed actions which fit the description of genocide. Genocide does not mean the successful extermination of a defined group (there is no such thing as “attempted genocide”). It was never conceived that way, but rather as any systematic attack on “a national, ethnical, racial or religious group, as such.” Those who deny US genocides usually only deny that there is any intent to commit genocide. The UN definition of genocide (recognised by 142 states) is:

“…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(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;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.”

The US has committed these acts many times over and in many different countries. Some people object that this is some watered down version of genocide that risks diluting the significance of this “ultimate crime”. However, bear in mind that the victims of US armed violence are not usually combatants and even if they are they are not engaged in some sort of contested combat that gives them some ability to defend themselves or to kill or be killed. They are helpless as they die of incineration, asphyxiation, dismemberment, cancer, starvation, disease. People of all ages die in terror unable to protect themselves from the machinery of death. Make no mistake, that is what it is: a large complex co-ordinated machinery of mass killing. There is nothing watered down about the horrors of the genocides committed by the US, and their victims number many millions. The violence is mostly impersonal, implacable, arbitrary and industrial.

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There are at least three specific times at which US mass violence has taken lives in the millions through direct killing: the Korean War, the Vietnam War, and the wars and sanctions against Iraq in combination with the occupation of Iraq. I refer to them as the Korea Genocide (which was against both South and North Koreans), the Indochina Genocide (against Laotians, Cambodians, and Vietnamese), and the Iraq Genocide (which took place over at least a 20 year period).

There are many ways to show that the US committed genocides in these cases. On one level the case is straightforward. For example, if the US commits acts of “strategic bombing” which systematically kill civilians by the hundreds of thousands, and it turns out that not only is there no rational proportionate military reason, but that US military and intelligence analysis is clear that these are in fact militarily counter-productive acts of gratuitous mass-murder, then by any reasonable definition these must be acts of genocide. The logic is simple and inescapable. I have written lengthy pieces showing in detail that these were large scale systematic and intentional genocides which you can read here, and here, and here, and here, and here, and here, and here.

For a long time I have tried to think of ways in which I condense this in a readable form. The problem in many respects lies with the necessity of overcoming misapprehensions. Genocide is an emotive topic, whilst people are very reluctant to read that those who rule in their name (with whom they sometimes actively identify) are in the moral vicinity of the Nazi leaders of Germany. Permeating every level of the discourse is the constant position (whether as the unspoken assumption or as the active assertion) that the US has never acted with genocidal intent. Intentionality is a topic in its own right, but to be brief I will point out that intent does not require that “genocide” be its own motive. If I kill someone because I want their watch, I can’t turn around and say it isn’t murder because I didn’t intend to kill them because I was really just intending to take their watch. It may seem a ridiculous example, but the discourse of genocide is so twisted that it is the norm even amongst genocide scholars. We keep looking for the people, the bloodthirsty psychopathic monsters, who kill people just for the fun of it and grab their watch afterwards as an afterthought. Unsurprisingly, we find those people among the leaders of those countries who oppose Western political power. Now that includes Syria’s Bashar al-Assad.

The best way of demonstrating US intentionality is to demonstrate the consistency of their approach in different times and places. However, this is a necessarily exhaustive approach, so I have decided to take a different tack here. I wish to sketch a fragment of autobiography here – an outline of the process by which I came to my current understanding of the topic. I want readers to understand that I didn’t seek these conclusions out. I have had it made clear to me, by rather comfortably embedded scholars, that they think that I am being provocative out of ambition. It is a testament to the self-satisfaction of such people that they somehow think that being provocative is some advantage. Academia thrives on the journal-filling peer-reviewed “controversies” of rival schools and scholars, but they aren’t really keen on anything that might actually be of any interest to anyone else. The fact is that I didn’t seek this out and it certainly has not endeared me to anyone that I can think of. On the other, hand I have had people act as if I had smeared my own faeces all over myself for using the g-word with respect to Iraq, and I have had many metaphorical doors slammed in my face. As I hope the following will indicate, at least partially, I cannot but characterise US genocides as such and I cannot but view the subject of absolute urgent fundamental importance.

Coming to Understand

The Vietnam War loomed large in my childhood. I was five when it ended. I watched the critical documentary series  Vietnam: The 10,000 Day War when I was ten or eleven years old. During the 1980s Vietnam War movie craze I was sucked into that powerful quagmire of pathos and adrenaline – not to mention the evocative music. But even then, as a teen, I could not abide the apologism and the way in which American lives and American suffering were privileged. The US personnel were portrayed as the victims, even in films which showed US atrocities. I knew far too much about things such as the nature of the atrocities carried out by the Contras to find that sort of propaganda palatable. For one thing, I had read William Blum’s The CIA: A Forgotten History. This book (now titled Killing Hope and still available) doesn’t leave the reader much room for illusions about the US role in international politics. Perhaps if I had been a little older I might have been “educated” enough to be blind to the obvious, but I wasn’t. While most people managed to avoid facing the facts, I knew from this book and others like it that although the atrocities of the Soviet Bloc were substantial, they were dwarfed by those of the US and its closest clients. If Cuba, for example, has been repressive, then what words remain to describe the US installed regimes in the Dominican Republic, Haiti, El Salvador, or Chile?

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How could one characterise a state that backed and created death squad regimes that massacred entire villages, that tortured children to death in front of parents? How does one describe a militarised country whose meticulously planned and executed bombing raids systematically visited untold death and suffering on innocents as an intended purpose. Any informed person who had an objective proportionate viewpoint could only conclude, as Martin Luther King Jr. had already concluded, that the US government and the wider US corporate state were “the greatest purveyor of violence in the world today.” Fred Branfman, who saw the results of US bombing first-hand in Laos, has more recently concluded that the executive branch of the US government is “the world’s most evil and lawless institution”.

So that is where I was coming from. On moral terms I could not have been more condemnatory of the US government. I considered the US government and military-corporate-intelligence complex to be the worst thing in the world since the demise of the Third Reich. I believed this on the basis that they had demonstrably brought about more suffering, death and destruction than anyone else. If someone had tried to claim that it was for “freedom” I would have laughed bitterly, thinking of the brutally crushed democracies and popular movements that were victims of the US. But if someone had said to me that the US had committed genocide in Korea and Indochina I would have most likely dismissed the claim as emotive overstatement. I didn’t actually know what the word genocide meant precisely, but I would still have seen its use as being a form of exaggeration. Implicitly that means that I took the word “genocide” to be a form of subjective moral condemnation as if it were an inchoate scream rather than a word that might have a consistent meaning. (You can’t exaggerate by calling something “arson”, for example. It is either a lie or it is the truth. Genocide is the same). However, “genocide”, as a word, has been subjected to the ideological processes (described so well by Orwell in Nineteen Eighty-Four) which destroy the meaning of words. Here is how I put it in an academic piece:

Certain words are so highly politicised in their usage that, in Orwellian fashion, they are stripped of all meaning and become merely signals designed to provoke in impassioned unreasoning involuntary response. In this fashion ‘democracy’ means ‘double-plus good’ and the Party members1 respond with cheers and tears of joy. Equally, ‘terrorism’ means ‘double-plus bad’ provoking among Party members, ‘[a] hideous ecstasy of fear and vindictiveness, a desire to kill, to torture, to smash faces in with a sledge-hammer….’2 Genocide plays a starring role in an entire discourse shaped in such a way as to not only excuse but to facilitate the perpetration of war crimes and crimes against humanity. Stripped of any actual meaning but given the significance of being the ‘ultimate crime’ it becomes a tool by which powerful Western states are able to threaten or carry out attacks against weaker states – attacks which are in themselves criminal and which in some instances are actually genocidal. The emotive misuse of the term genocide has become a powerful political tool. As Jeremy Scahill reveals after accusations of genocide by Arabs against black Africans, “even at antiwar rallies, scores of protesters held signs reading, ‘Out of Iraq, into Darfur.’” Scahill adds that, ‘[a] quick survey of Sudan’s vast natural resources dispels any notion that U.S./corporate desires to move into Sudan derive from purely humanitarian motives.’3

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What brought me around to using the term genocide was realising that there was no other word to describe what the US did in South Viet Nam. I had been aware that the vast majority of victims of the US military were civilians. It was commonplace to say that 90% of casualties were civilian. (Tellingly Western commentators, including those in the peace movement, would vouch that the figure of 90% civilian casualties was proof of how cruel and deadly “modern war” had become – as if US practices were some sort of universal standard and as if the fact that other belligerents did not produce such high rates of civilian death was not of any interest whatsoever.)

So, US violence mostly caused civilian deaths and the vast majority of those civilians were, in fact, subjects of the US installed puppet [sic] regime in Saigon. They were killing their own supposed allies. I have read all of the rationalisations for why the US thought it was a good idea to kill the civilians of their own client state, and they are all completely insane. I don’t even believe that killing the civilian populations of enemy countries is militarily effective and in that belief I am supported by the strategic analyses of the US itself going back to 1944. Killing the civilian population of an allied state makes no military sense whatsoever. Often killing civilians was rationalised in terms of counterinsurgency (usually crudely reversing Maoist doctrine about the relationship between the guerrilla and the rural population) despite the fact that it was recognised from very early on that the civilian deaths were recruiting and strengthening the enemy.

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That was the other striking thing about US activities in Indochina – they were systematically killing civilians without apparent purpose, but they were also undermining their own political and military efforts. This happened at all levels. As I was reading and coming to grips with this aspect of history, it seemed that exactly the same thing was playing out in Iraq. In 2003, as invasion loomed, I had initially expected that the US would conduct a fast vicious campaign particularly aimed at inflicting maximum damage to economic infrastructure. They would then leave, crowing about their surgical use of force and minuscule US fatalities. The US would continue to enhance the perceived legitimacy of its acts of aggression and would be able to use economic blackmail to exert neocolonial control. However, I was woefully naïve for believing that. In contrast, Paul Wolfowitz was  absolutely clear on this point – you cannot use normal neocolonial power on Iraq: “…[W]e just had no choice in Iraq. The country swims on a sea of oil.” Instead, the US invaded, occupied and then acted repeatedly and systematically in ways which would very predictably cause armed resistance, just as they had in Indochina. But without that resistance they could not have justified a major military presence and the proconsular rule of the occupation imposed on Iraq.

In 2006 I was able to devote quite a lot of time to the subject of genocide in Indochina as it was the topic of my Honours research paper. My initial understanding of genocide was pretty thin and one-dimensional, but it was sound in the given context. The most important aspect for me was that genocide matched means with ends. War is always a matter of uncertain outcome. To wage war is to wager (the words are cognates). Indeed that is why we use such terms as “wage” and “adventure” for military action. If memory serves, Carl von Clausewitz himself even wrote that a belligerent will never be able to attain their intended war aims because the war they pursue will itself change matters and impose its own realities. In that sense war is a gamble which will always be lost. Genocide is not a gamble.

I saw genocide as being an attack on the peoples of Indochina which avoided the uncertainties of waging military war. The maximal aim of the genocide was the eventual neocolonial domination of Indochina. It worked. In Viet Nam the war and subsequent US economic sanctions were devastating. By 1990 the per capita GDP was only $114.4 Under doi moi liberalisation, Viet Nam has achieved much greater formal economic activity (GDP), but only by submitting to the “Washington Consensus”, which means no price supports for staples such as rice, which in turn means that the real income of the poorest urban dwellers has dropped 5 Former US military commander in Vietnam Gen. Westmoreland characterised doi moi as proof of US victory.6 The point is, though, that genocide doesn’t need an end goal such as such as submitting to neoliberal WTO regulations and IMF conditions. Chomsky called Vietnamese poverty “a vivid refutation of the claim that the US lost,”7 Similar stories could be related with regard to Laos and Cambodia. Whether these nation states are considered enemies or vanquished vassals or friends is of no relevance, the weakness of their populations is a gain in relative power for the US empire, and empires intrinsically function on relative gains.

This is what I wrote in 2006:

…[A]clever strategist, where possible, matches means and ends, thus making results more predictable. In a situation where there is a stated end and a given means are employed and continue to be employed despite continued demonstrable “failure” and are then employed elsewhere under the same rationale with the same results – in such a situation it is possibly worth considering that the “means” are themselves the end. In the case of the Second Indochina War, I will argue the means were widespread general destruction, employed on as many of the people and as much of the societal fabric or infrastructure as was physically and politically feasible. If those were the means, I will suggest, they were also the end. The results are predictable. The dead stay dead.

As I would later discover, when he first coined the word “genocide”, Raphaël Lemkin wrote that “genocide is a new technique of occupation aimed at winning the peace even though the war itself is lost.” He also wrote: “Genocide is the antithesis of the … doctrine [which] holds that war is directed against sovereigns and armies, not against subjects and civilians. In its modern application in civilized society, the doctrine means that war is conducted against states and armed forces and not against populations. … [T]he Germans prepared, waged, and continued a war not merely against states and their armies but against peoples. For the German occupying authorities war thus appears to offer the most appropriate occasion for carrying out their policy of genocide.”

(At this point I would like to urge people to read what Lemkin actually wrote when trying to describe genocide. It is not a time consuming task. You can find the chapter here.)

What I had found was that the US was maintaining the “war”. It helped to recruit its enemies, to arm them, finance them, and to supply them. Just as I was researching this, a book by David Keen was published about the “War on Terror” which claimed that it was a self-perpetuating endless “war system”. It focussed on clearly “counterproductive” actions undertaken by the US, belying its stated aims:

When it comes to war in other words, winning is not everything; it may be the taking part that counts. Indeed, as Orwell saw in his novel Nineteen Eighty-Four, certain kinds of regimes may thrive off energies and perpetual war. The irrationality of counterproductive tactics, in short, may be more apparent than real, and even an endless war may not be endless in the sense of lacking aims or functions.8

Keen never mentioned Indochina. The precedents he cited of were civil wars in Africa. However it was as if the idea of a war system was, in a sense, on the tip of people’s tongues towards the end of the US involevment in Indochina, as if they knew deep-down that the US was not trying to win the war. It seems almost the implicit subtext of Magnum photographer Philip Jones Griffiths’ book Vietnam Inc. which by its title alone suggests an enterprise quite differently conceived than war. Even the orthodox political discourse (with talk of quagmires and a “stab in the back” story of brave soldiers hamstrung by politicians) hints at a war system. What the US did in Indochina was an absolute textbook example of what Keen was describing.

Vietnam_Inc_(Philip_Jones_Griffiths_book)_cover_art

As I found this way of understanding the past, I was also viewing events in Iraq with the same apprehension. What was occurring on a daily basis was very clearly indicating a parallel process. Captured weapons were dumped unsecured in the countryside. Efforts to secure borders (to at least impede the flow of weapons, resistance fighters and money) were systematically undermined. Just as in Viet Nam, diverted cash sloshed through networks of corruption and was available to resistance groups. People were driven into the arms of the resistance by the random brutality of US personnel, the murderous use of indiscriminate ordnance, and the systematic degradation of the civilian economic sphere. On top of this, the US fomented a civil war.

It is a pity that Keen did not know of the Indochina precedent, because what we know of it goes much deeper and reaches much higher than the what we know of the “War on Terror” (which Keen takes to include Iraq and Afghanistan interventions). Keen discusses various tactics and policies which are counterproductive. But it is not just the counterproductive things which sustain US enemies, it is the ways in which US leaders ensure that they cannot ever achieve a victory. This is what I wrote:

Numerous people, including Jeffrey Record9 and Harry Summers,10 have in effect suggested that the US lacked any winning strategy. In fact, what they had were three no-win strategies – strategies which did not, even in theory, have an end point at which a military victory would be obtained. These were the fire-power/attrition, the graduated response and the enclave strategies. The only strategy by which the US could have attained its stated objective was the pacification strategy, but this too was no threat because the pacification strategy was only weakly implemented while being misapplied, subverted, sabotaged and contravened – not least by the more vigorous application of the fire-power/attrition and graduated response strategies.

You can read all about thatstuffin detail if you want, otherwise you’ll just have to take my word for it. The US systematically ensured that it could never achieve “victory” in Indochina. Perhaps the most blatant example was the brutal genocide unleashed on Cambodia from 1970 until 1975. Not the “genocide” or “autogenocide” of the Khmer Rouge, but the genocide before that, without which there would never have been a Khmer Rouge takeover. Here’s a long excerpt from my Honours piece:

When the the US generated a war in Cambodia they had already had a great deal of experience in Viet Nam and Laos, and what occurred in Cambodia is, in many ways, a naked exposure of the logic behind the genocidal war system, less obfuscated because, ironically, Cambodia was a “sideshow” where it was not the details but the whole war which was kept obscure from the public.

Within a year of Lon Nol’s coup, as mentioned, the economy of Cambodia was virtually destroyed, not only by bombing, but also by US aid. Aid was channelled to the import of commodities and surplus US agricultural goods. It also underwrote the Cambodian government and armed forces: “By the end of 1970, the government was spending five times its revenue and earning nothing abroad.”11 Most of the population became reliant on US aid to eat, and rice supplies were kept at the minimum level needed to prevent food riots. By 1975, malnutrition was widespread and many children starved to death.12

Less than two months after the coup that brought Lon Nol to power, the US invaded Cambodia, along with ARVN forces. They did not bother to forewarn Lon Nol who found out after Richard Nixon had announced the invasion publicly.13 This invasion along US and RVN bombing and the civil war made refugees of around half of the Cambodian population.14 Lon Nol was outraged by the invasion and when later briefed by Alexander Haig (then military assistant to Kissinger) about US intentions he wept with frustration. According to Shawcross, “He wished that the Americans had blocked the communists’ escape route before attacking, instead of spreading them across Cambodia. … The Cambodian leader told Haig that there was no way his small force could stop them. … [Haig] informed Lon Nol that President Nixon intended to limit the involvement of American forces…. They would be withdrawn at the end of June. The the President hoped to introduce a program of restricted military and economic aid. As the implications of Haig’s words for the future of Cambodia became clear to Lon Nol, he began to weep. Cambodia, he said, could never defend itself.”15

As has been detailed, US actions, particularly in bombing, were directly responsible for creating the communist enemy which overthrew Lon Nol. The bombing between 1969 and 1973 took up to 150,000 lives.16 If averaged out, over 33 tons of ordnance were used to kill each Khmer Rouge insurgent.17 Despite the fact that Vietnamese pilots bombed any Cambodian they could, which aided only the Khmer Rouge, Lon Nol acceded to a US demand that he request an increase in VNAF bombing in 1971.18

By May 1972, the Lon Nol regime had control of perhaps 10 per cent of the country and continued to lose territory which was thereafter fragmented into ever smaller enclaves.19 The result was by that stage foregone, and yet the war dragged on for three years with the greater part of the 1 million casualties occurring after that point.

In 1970, when Henry Kissinger briefed Jonathan “Fred” Ladd, who was slated to conduct the war in Cambodia, he told him: “Don’t even think of victory; just keep it alive.”20

When the US Congress finally blocked aid to Cambodia and South Viet Nam, it was with the belated realisation that such aid would not give any hope of victory or improve a bargaining position. Senator Mike Mansfield spoke out, “Ultimately Cambodia cannot survive…. Additional aid means more killing, more fighting. This has got to stop sometime.”21

It was pretty clear that the US was maintaining the situation of armed conflict in order to commit genocide. This was a comprehensive act of genocide which did not merely involve the systematic killing of the target populations, it also involved every other “technique of genocide” described by Lemkin. There was systematic economic, social, cultural, political, and religious destruction. There was the systematic and deliberate ecocidal poisoning of the land and people with defoliants. There was very raw brutality. People were slaughtered by bombs, but there was also murder, rape and torture on a scale beyond imagining. In one book co-written by Nick Turse he finds that when he sets out to find the site of a massacre in Vietnam it becomes like trying to find a needle in a haystack of massacre sites.22 In his next book Kill Anything that Moves Turse tries to show that haystack for what it is. The results would be hard to believe if they were not so well documented. I cannot reduce its contents here, I can only recommend that people acquire and read the book. It is a litany of slaughter that seems almost endless and through it all the command structure and the political structure provide the framework for the personnel to commit atrocities.

MERE GOOKS

This is not just about the choice of tactics – it is also about “grand tactics”, strategy, doctrine, and indoctrination. Psychiatrist and author Robert Jay Lifton famously discussed “atrocity producing situations” as a driving factor behind US war crimes, and I believe we can now conclude these situations were deliberately created, not just because we have other evidence that atrocities were tacitly encouraged, but because the US went to great lengths to replicate these these “atrocity producing situations” in Iraq.

Why Genocide and Not War?

By the end of my honours thesis I was convinced that both the 2nd Indochina War and the “Iraq War” were “genocidal war systems”. Since then I have learnt a great deal more, and my thinking has developed a great deal more. I won’t bore you with the detail, but I came to realise the the “war system” appellation was largely redundant. Genocides are “war systems” by nature. Almost every perpetrator of genocide explains their violence as fighting war.

Genocide was a key means by which the US secured global hegemony in the post-WWII era. I learnt that Korea was also a case of US genocide. US actions there were as shocking, as deadly and as militarily nonsensical as they were in Indochina. Hundreds of thousands were massacred and hundreds of thousands incinerated. 25% of the entire population of North Korea was killed and we should not forget that many hundreds of thousands of the ostensibly allied South Koreans died at US hands or those of US commanded troops. The whole war became widely recognised as a pointless killing machine (described as “the meatgrinder”) while the US needlessly sabotaged and prolonged armistice negotiations.

16Bombing_onto_Pyongyang

I can’t explain in this space why Korea, Vietnam and Iraq posed such great threats to US imperial hegemony, but they did and the US successfully dealt with those dangers by committing genocide. These are successful uses of genocide to establish, deepen and maintain imperial hegemony, but we have wilfully blinded ourselves to their nature. Critics of US interventions have evidently been scared to entertain the notion that there was some successfully applied rationale to US behaviour. They have joined with the lovers of war, the nationalists, the racists and the fanatics in declaring over and over and over again the wrong-headedness and failures of US military endeavours. The victims of US genocide quite understandably prefer to see themselves as the plucky Davids that beat the Pentagon Goliath. These are all lies.

US forces storm into one house after another, claiming to be trying to kill flies with sledgehammers. Given that they have entirely demolished several houses and severely damaged many others; and given that they have been caught red-handed releasing flies into targeted houses; and given that they forcibly try to make people buy very expensive fly “insurance”; maybe it is time we consider that neither they, nor their sledgehammers, are concerned in any way with flies (except as a pretext).

Where people might once have been terrified that to suggest any cogent purpose to US actions for fear of giving credit to warmongers, we need not be so worried now. It is very clear that the US does not exert imperial hegemony for the sake of peace and stability, or even for the sake of the enrichment of the US and its people. They never protected us from the nefarious threat of communism and they don’t protect us from the nefarious threat of Islam. A very narrow group of imperialists who share a cohesive long-term hegemonic programme have successfully concentrated power and wealth levels of disparity akin to those in slavery-based economies. They have also created a neofeudal framework of privatised regnal rights. No doubt many of these people have noble intentions, believing that only by such ruthless action can they exert enough control to save humanity from its self-destructive impulses. Many elitists will openly express such opinions and we can certainly understand having concern over the future of the planet. But such people are, in fact, completely insane and they should be taken out of circulation and treated exactly like any other dangerous megalomaniac who believes that they are the new Napoleon. It is not the masses that are threatening the planet. It is not the masses who bring about wars. And though communal violence seems almost the epitome of the mob in action, I know of no genocide that did not result from the actions of a narrow elite.

The reason that we must view US genocides as being genocides and not wars is that we cannot ever understand the logic of their actions in any other way. People shy away from the term genocide and people react violently to what they perceive as its misuse. That indicates just how important it is. I mentioned Nick Turse’s Kill Anything that Moves which is an entire book devoted primarily to the systematic killing of non-combatants. He never uses the term “genocide”. In a work based on veteran testimony, Chris Hedges and Laila al-Arian explain that the very nature of the Iraq occupation is that of an atrocity producing situation and that US personnel have gone “from killing – the shooting of someone who [can] harm you – to murder. The war in Iraq is primarily about murder. There is very little killing.”23 They are talking about the systematic murder of civilians in small increments multiplied many times over, but they never use the term “genocide”. This despite the fact that US actions in Indochina have widely been adjudged genocidal and despite the fact that it was very strongly argued that the US and UK controlled sanctions against Iraq were genocidal. Ask yourself this: if someone was documenting the same thing being perpetrated by Sudan, or by Zimbabwe do you think the word “genocide” would be left out of such works?

Above all we must end the continuing fatuous nonsense spouted by security geeks (including high ranking military and civilian personnel) who seem to believe every exaggerated claim about threats from the Cubans, the Iranians, the Soviets, Al Qaeda in the Falklands (AQIF) or whomever. The morons with their clichés about “fighting the last war” will never ever tire of telling us how the US just doesn’t know how to do counterinsurgency. Really? The question must be, then how did they manage to remain so bad at counterinsurgency when they have spent more person hours on counterinsurgency and counter-guerilla warfare that all other states throughout the entirety of humanity added together? (I could list a few examples here starting with the Indian Wars, mentioning 200 years of interventions in the Western hemisphere, Cuba, Philippines, Pacific War, Korea and Indochina. Then there is also the institutional knowledge built and disseminated by “security co-operation”. Moreover, the US is trains many of the rest of the world’s military leaders to conduct counterinsurgency at Fort Benning).

The point is that you can’t understand what the US does through the lens of war. It is very satisfying, no doubt, for young liberal reporters to outsmart generals (who clearly have no idea how to fight wars because they are just stupid Republicans), but it is seriously delusional. There is an instant exculpation given when these genocides are misrepresented as wars. It is very, very important for perpetrators of aggression or genocide (or both) to conceal their intentionality. The UK government and Tony Blair, in particular, showed far more concern with convincing people that they themselves believed in their fictitious casus belli, than with convincing people that Iraq really did have pose a threat. All of the British media seemed to echo the mantra that you might not agree with Blair but, “no one can doubt his sincerity”. So for moral reasons, in order to end the impunity of the worlds worst war criminals, as well as for intellectual reasons we must grasp the nettle and begin using the term genocide.

Textbook Cases

There are many problematic areas in the subject of genocide. Sometimes it is hard to tell when war ends and genocide begins. It can be hard to tell where state repression becomes persecution and when persecution becomes genocide. Were not the Nuremburg Laws an epitome of what we now call apartheid? Is apartheid a form of slow genocide? Is there structural genocide? Should something only be called genocide if there are mass fatalities?

These are all important considerations and questions, but none of them are relevant here. The genocides I have referenced are absolute textbook cases of genocide. It is impossible to create a coherent and rational definition of the term “genocide” which does not include these genocides.

These genocides were more demonstrably genocidal in nature than the Armenian Holocaust. We should always remember that for the Turkish government, and for most Turks, there was no such thing as a genocide of Armenians. In their own eyes they were fighting a war against Armenian insurgents. Sound familiar?

1In Orwell’s allegory the ‘Party’ represented the ‘educated’ sector of society – people such as the central character Winston Smith, who worked as a journalist.

2George Orwell, Nineteen Eighty-Four. London: Penguin, 1983.

3Jeremy Scahill, Blackwater: The Rise of the World’s Most Powerful Mercenary Army, London: Serpent’s Tail, 2007, p 350.

4Hy V. Luong, ‘Postwar Vietnamese Society: An Overview of Transformational Dynamic’ in Hy V. Luong (ed.), Postwar Vietnam: Dynamics of a Transforming Society. Oxford: Rowman and Littlefield, 2003, pp 12, 14.

5Nicholas Minot; Francesco Goletti, ‘Export Liberalization and Household Welfare: The Case of Rice in Vietnam’ in American Journal of Agricultural Economics, Vol. 80, No. 4. (Nov., 1998), p 743. Minot and Goletti actually (to their own evident surprise) projected a slight overall drop in poverty, but they do so on the basis of changes in real income which do not take into account that rural persons are better able to acquire food without income expenditure. They also slightly underestimate the level of urbanisation – they use the 1990 figure of 20 per cent, when by the time of their writing the figure was over 23 per cent (Michael DiGregorio, A. Terry Rambo, Masayuki Yanagisawa, ‘Clean, Green, and Beautiful: Environment and Development under the Renovation Economy’ in Hy V. Luong (ed.), Postwar Vietnam: Dynamics of a Transforming Society. Oxford: Rowman and Littlefield, 2003, p 189.) and do not account for future urbanisation. Michel Chossudovsky suggests that the Vietnamese did, in the actual event, become considerably poorer (Michel Chossudovsky, The Globalisation of Poverty and the New World Order. Shanty Bay, Ontario: Global Outlook, 2003, p 168).

6Marc Jason Gilbert, “Introduction”, in Marc Jason Gilbert (ed), Why the North Won the Vietnam War. New York: Palgrave, 2002, p 26.

7Rethinking Camelot: JFK, the Vietnam War, and US Political Culture. Boston: South End Press, 1993, p 30.

8David Keen, Endless War? Hidden functions of the ‘War on Terror’. London, Ann Arbor: Pluto Press, 2006, p 51.

9Record, “How America’s Military Performance…”, in Gilbert (ed.), Why the North Won the Vietnam War, p 117.

10Harry G. Summers Jr., On Strategy: A critical analysis of the Vietnam War. New York: Presidio Press, 1995 (1982), p 103.

11William Shawcross, Sideshow: Kissinger, Nixon and the Destruction of Cambodia. London: Fontana, 1980 (1979), p 220.

12Ibid, pp 317-9.

13Ibid, p 149.

14Sorpong Peou, Intervention & Change in Cambodia: Towards Democracy? Singapore: Institute of Southeast Asian Studies, 2000, p 127.

15Shawcross, Sideshow, p 163.

16Ben Kiernan, The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge. New Haven and London: Yale University Press, 1996, p 24.

17Ibid, p 19.

18Shawcross, Sideshow, p 186.

19Ibid, pp 254-5.

20Ibid, p 169.

21Nigel Cawthorne, Vietnam: A War Lost and Won. London: Arcturus Publishing, 2003, p 213; Westmoreland, ‘A Look Back’.

22Deborah Nelson, The War Behind Me: Vietnam Veterans Confront the Truth about U.S. War Crimes, New York: Basic Books, 2008, p 127.

23Chris Hedges and Laila Al-Arian, Collateral Damage: America’s War against Iraqi Civilians, New York: Nation Books, 2008, p xiii.