Time for a Nuremberg Trial for Hamas and the Pipers of Death

Back in the 1970s, law expert Yoram Dinstein argued that according to UN definitions, terrorism and incitement against Israelis constituted genocide. That’s why Israel, with the help of a few Western democracies, should set up a Nuremberg-type initiative for Palestinian terror leaders, who must be charged for inciting and committing genocide. In the name of the peremptory principle nullum crimen sine poena, “No crime without a punishment,” we should prosecute Palestinian terrorists, whether as individuals or entities. They are hostes humani generis, “common enemies of humankind.”

The initiative would be a powerful rebuke of the failed International Criminal Court in the Hague, which should have prosecuted these evil leaders and promoters of genocide. The Islamic regimes of the world succeeded in changing the Court’s statute to eliminate terrorism as an offense and, at the same time, to define the Jewish inhabitants of Judea and Samaria as “war criminals.”

If Israel has no right to defend itself from genocidal attacks and the Jews have no right to live in their historic land, then Israel has no right to exist.

The Palestinian Authority tried to submit criminal cases against individual Israeli soldiers and leaders, but the prosecutor Luis Moreno-Ocampo said Palestine was not yet a state, and only states could file cases. With the UN General Assembly having upgraded the Palestinians’ status to that of a non-member state, the PA will try to re-file.

The Arab clerics, who describe the Jews as sub-humans with expressions like “pig,” “cancer,” “filth,” “microbes” and “vermin,” should be put on trial for fomenting lethal anti-Jewishness reminiscent of the 1930s. An example of this religious incitement is the fatwa issued by the Muslim Brotherhood’s guru, Yusuf al-Qaradawi, permitting the killing of Jewish fetuses, on the logic that when Jews grow up they might join the Israeli army. Unfortunately, Europe is freeing these clerics, like Abu Qatada, who was recently released by the UK.

The suicide vest costs only $150 for Palestinian terror groups. But it needs “software” to operate. This is the role of the clerics who put in motion the robots of death. It’s like the piper and the rats in the famous Hamelin fairy tale.

The same with the Arab media, which distribute hate material such as the Protocols of the Elders of Zion or maps without Israel. Western jurisprudence would find these media outlets guilty, like the Nazi war criminal Julius Streicher, who published the anti-Semitic Der Stuermer and was found guilty by the International Military Tribunal at Nuremberg. Another example is the trial in which the Rwandan journalists were charged by the International Criminal Tribunal for inciting fellow Hutus to commit genocide against the Tutsis. At the very least, Europe must block the access to these malignant websites and include the journalists on a black list.

The legal basis for the campaign against this hatred is the Convention on the Prevention and Punishment of the Crime of Genocide, ratified on January 12, 1951.

International tribunals have ruled that hate speech targeting a population based on discriminatory grounds constitutes crimes against humanity per Article 7 of the Rome Statute.

In 2004, three Arab intellectuals, Jawad Hashim, Shakir al-Nabulsi and Lakhdar Lafif, sent a request to the UN Security Council, urging the establishment of an international tribunal for the prosecution of Islamist incitement against Jews, Muslim “apostates” and Christians. Thanks to satellite channels, Hamas’ Al-Aqsa TV can beam its incitement and hatred into European living rooms, radicalizing Muslim immigrants. Israel must ask Europe to turn off this terror offspring, which every evening repeats the same monstrous message: “The Jewish infidels are less than human, killing them is a meritorious act.” Words lead to mass murder.

Israel and its Western allies must launch a campaign to charge NGO leaders who commit incitement, enlisting the help of attorneys, journalists and writers to testify on the endless litanies of paranoia and genocidal perversion. Such people risk their careers and lives daily by denouncing the blood libels, and Israel should support them.

Hamas and other incitement leaders should be placed on a “watch list” by Western countries preventing their entrance as “inadmissible persons” (Qaradawi is already banned in the UK and US).

Brave groups, such as UN Watch, can support the battle in global forums. In 2009, a similar campaign prevented Farouk Hosni, the Egyptian minister who said that he “would burn Israeli books himself if found in Egyptian libraries,” from becoming UNESCO’s head.

Moreover, human rights groups should be flooded with the untold Israeli statistics: the 17,000 people wounded in terror attacks; the 2,000 civilians killed; the 15,000 rockets fired on southern Israeli cities; the fact that some 40% of wounded Israelis will remain with permanent disabilities.

There are wounded Israeli heroes who just want to tell their story. I can provide a list of these maimed fighters who should be invited to speak in the courts because they are the survivors of current-day genocide. In European faculties, there are still brave academicians who can denounce Hamas-supporting speakers among them. We must ask Europe to expel them.

This is an historic battle that Israel can win with the support of Westerners who still care about the fate of their civilization. To the Spanish fascists who were saying, “Viva la muerte!” the Republicans replied: “No pasarán.” We must offer the same response to contemporary death cultists.

No pasarán. They shall not pass.

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  • http://twitter.com/evans_et @evans_et

    How about war crimes trial for Israel and the US?

    • http://oldschooltwentysix.blogspot.com/ oldschooltwentysix

      You would never be able to get a conviction against Israel unless you had a crooked court.

      Israel abides by the Geneva Conventions scrupulously.

    • Mary Sue

      enough with the purple koolaid, you've had your fill and then some.

      • http://www.adinakutnicki.com AdinaK

        An indictment would be so easy to file, but only if the world wasn't run by third world devotees, as they create their havoc straight out of the UN! To be sure, the Islamist-in-Chief is at the head of their charge against Israel.

        And Hamas's Charter alone, the destruction of another member state, should be enough to indict Hamas on war crimes, and the PA/Fatah terror junta too. And those who try to conflate defensive war actions with terror are willfully malevolent and complicit too. There is nothing to argue about with them. They are tainted to their cores with anti/Zionist/semitic mentalities.

        As to Hamas, here are some TRUE renderings – http://adinakutnicki.com/2012/11/01/pa-statehood-

        here too -http://adinakutnicki.com/2012/07/25/the-muslim-mafia-aka-the-brotherhood-their-overarching-plan-what-it-means-for-americas-future-commentary-by-adina-kutnicki/

        And if over a decade of sending missiles/rockets into Israeli cities (making sure that children are their prime target) is not a war crime, then nothing else will suffice. And when Israel's leaders FINALLY respond with defensive measures, what does the PC addled west do? They scream
        'war crimes', even as Hamas shoots its weapons from inside schools, hospitals and apartment buildings, often with children standing right near by!

        The world has gone mad.

        Adina Kutnicki, Israel – http://www.adinakutnicki.com/about/

    • objectivefactsmatter

      Go for it chump. Be prepared to show up with clean hands. I have no worries about those threats.

    • JuJu

      How about one for you? Accessory to genocide sound good?

    • Snorbak

      Its an easy suggestion to make, can you back it up with specific examples?
      No emotion though, just verifiable fact, as we all know the left likes to feel rather than think!

    • Omar

      Evans et, quit repeating Stalinist/Maoist/Islamist lies against America, the West and Israel. How about we have war crimes trials for "Palestine" (Hamas and the PA), Iran, Syria, Russia and China? America, Britain, Israel and the rest of the free world has stood for democracy, freedom, peace and stability for a long time. Why don't you blame Russia and China for supporting the Assad family dictatorship in Syria? Why don't you blame Russia and China (along with Iran) for funding Hamas? Why don't you blame Russia for supporting China's brutal occupation of Tibet? Why don't you blame Russia and China for supporting the genocidal Islamist regime in Sudan ( a racist, sexist, jihadist regime which behaves worse than South Africa's former apartheid regime)? You don't criticize Russia nor China because you support both regimes. You support the regimes in Moscow and Beijing because you are an America-hating, democracy-hating, freedom-hating, totalitarian-loving Stalinist/Maoist who supports Sharia Law. Quit repeating Communist/Islamist propaganda and learn from facts.

    • Drakken

      You would obviously be more comfortable living with your 3rd world savage friends than with us, if you love them so much? Go live their, where I am sure they will accept you with open arms, dumbazz!

    • Drakken

      No such thing as war crimes from us, it's called warfare. Please by all means go live with the muslim savages, you deserve it.

  • http://oldschooltwentysix.blogspot.com/ oldschooltwentysix

    I so agree with this essay. Thank you.

    Shooting at civilians and using civilians as shields are additional, prima facie, international crimes, violations of the Geneva Conventions and Protocols.

    States have an obligation to prevent genocide, which includes incitement. When a state is unwilling or unable to prosecute, Israel could then establish such a tribunal and bring the wrongdoers to trial.

    • Drakken

      So what are you going to do to the muslim savages then? Send a strogly worded letter expressing your distaste? Th onlt thing these savages respect and understand is the mailed fist, anything else is stupidity on steroids.

      • http://oldschooltwentysix.blogspot.com/ oldschooltwentysix

        Spoken so bravely behind the keyboard.

        Prosecute the leaders, as the article indicates, engage those involved in hostilities, and create an environment that shows them they will never win.

        • Drakken

          You don't prosecute the leaders, you wage warfare against them until they surrender or are dead, end of problem.

  • crackerjack

    This article makes no sense.

    Israel has no case. Hamas is well within it international UN rights to fight the siege of its territory. Israel, on the other hand, breaks almost every international UN rule concerning occupation and settlements in occupied territory.

    • http://oldschooltwentysix.blogspot.com/ oldschooltwentysix

      Siege or no siege, Hamas is not free to disregard and target innocent civilians, which it does.

      You obviously have no clue of what the laws of war are about, not to mention the incitement to genocide that has zero to do with resistance.

      Can you cite any hard law that says either the occupation or settlements are illegal?

      • Drakken

        The so called laws of war are not followed by the muslims or anyone else for that matter so the point is null and void.

    • Larry

      Gaza, for the geographically challenged, has land borders on 3 sides, only two sides have Israel on them.

      So why doesn't Egypt open up their border, instead of locking it up (officially) tighter than a bull's arse in fly time? Why didn't Egypt take back Gaza when the Israelis offered over 30 years ago? Why can't "palestinians" gain citizenship in any arab nation?

      Stop jacking those crackers with the kool aid and learn some facts.

      • objectivefactsmatter

        "So why doesn't Egypt open up their border, instead of locking it up (officially) tighter than a bull's arse in fly time? "

        Sarcasm: Israel is bribing Egypt with deception and blackmail.

        He doesn't even know what a siege is. Morons, all of them.

    • Mary Sue

      Lots of things don't make sense if you don't PUT DOWN THE CRACK PIPE AND STEP AWAY SLOWLY

    • objectivefactsmatter

      "Israel has no case. Hamas is well within it international UN rights to fight the siege of its territory. "

      Really? Hamas is a sovereign? Siege?

      "Israel, on the other hand, breaks almost every international UN rule concerning occupation and settlements in occupied territory."

      List those crimes please. Those are all lies. But try to make your case if you can for even one accusation. Go for it.

    • David R

      Blind fool.

    • Snorbak

      So, a Jew builds a house in Israel & he's breaking untold "International Laws" yet a Hamas operative deliberately targets & murders school children & he's legally allowed to do so within international & UN justification? You certainly are 1 twisted individual.

      • objectivefactsmatter

        "So, a Jew builds a house in Israel & he's breaking untold "International Laws""

        Obviously our expectations are different for Jews and jihadis. It shows the extreme bigotry of the left. They don't even expect the jihadis to act any different. For them i't's organic because they haven't evolved yet as a species or a race. Or the think culture is bound to race, I don't quite get their theories because they use so much doublespeak.

        About those planning commissioners. Maybe *they* ought to be brought to trial, eh? Where do these psychotic ideas come from? Oh yes: Liberals and Muslims. Right.

        One of the chief negotiators for the PA claimed that Jews building homes in "the future Palestinian state" is morally equivalent to "Palestinians" (which means "a phony people" in certain Arab dialects) setting off suicide bombers for murder missions. The implication of this is that Palestinians are so irrational that they acknowledge what a trivial matter it is to send these bombers to murder Jews. It's no more serious than setting up a planning meeting and checking resources. And it was probably the most honest thing that man ever uttered in the English language.

        Saeb Erekat is who said it, in case you are wondering. The original quote is from a PBS follow-up interview to a documentary series I have. I heard this from him verbatim.

    • Omar

      crackerjack, why don't you keep your ignorance to yourself.Israel wants peace, while Hamas wants world domination. Quit repeating leftist/Islamist propaganda and learn from facts.

    • alexa

      A siege that was found to be within the international law by the Palmer UN comittee. how about Hamas charter calling for the destruction of a UN member?

    • Ghostwriter

      WHAT international UN rights?! Hamas fires rockets into Israel daily and you think that the Israelis have no right to respond?!? They have every right to respond,crackerjack. You'd know that,if you weren't a Jew hating psycho!

    • objectivefactsmatter

      Where do you get your false information from?

  • dougjmiller

    Giulio, this is fantastic. Thank you. The judicial front is just where Israel and the Jewish people need to defend themselves. Hopefully government officials and leaders of our organizations read your article. This gives us new hopel.

    • David R

      Unfortunately if the nations can't understand the right of Israel to defend itself…how are the same nations going to permit prosecuting their enemies.
      Note that because of tyranny and terrorism, Egypt's judicial system is totally paralized…how much more incapacited would a Jew-hating global tribunal be?

    • Drakken

      It will never ever work, Israel needs to take off the gloves and give the muslims a taste of Carthage and call it a day.

  • Arlie

    Jay Sekulow, ACLJ should be contacted with this article. He is one of the few I can think of that might have influence. "Common enemies of humankind" are everywhere not just Palestine, However, all of jihad terrorists use this "false Palestine" place as the issue for all the violence. Islam is the political system of violence. Until all Islam is completely defeated there will be no peace on earth. It is slavery, death and an evil lie; the spawn of Lucifer's deadly war on all that is good and holy.

  • Jossi

    Bravo Giulio. Finally someone has suggested what TO DO, outside the arguable War on Terror battle cry. A Nuremberg type trial would be an appropriate vehicle against terrorists and terror organizations, though in today's world no country would join Israel on such an endeavor, and I strongly doubt that the current Israeli mindset will have the courage to start it.
    Besides, there is no time for such a suggestion, as noble as it would be, the knifes for the next war are already in process of being sharpened. I expect Syria to blow up next, and we'll have a different configuration in the Middle East. Then watch Jordan…
    The Islamic (and Communist) terror can only be defeated by a total destruction of the majority of Islamic countries, nothing less will defeat this monster. I'm aware of the gravity of my words, and a next WW isn't to far in my view.

  • pierce

    But will the West come to the aid of Israel. President Obama has shown only slight tendencies to back Israel. His Czars do not approve of Israel's belligerence toward Palestine and the Region.

    • Stern

      Israel's belligerence? Defending against thousands of rocket attacks, hundreds of suicide bombings and animals who cut that throats of sleeping infants – that's belligerence?

      Either you're an idiot or you're morally blind.

      • Snorbak

        I would suggest the former, even the morally blind are not that stupid.

    • Omar

      Quit calling them "Palestinians." Palestine is a geographical region, not an ethnicity. Anyone who lives in the former Palestine Mandate (Israel, Gaza, the West Bank and Jordan) is a Palestinian, regardless of characteristics. The Israelis and Jordanians are Palestinians. That's the reality.

  • Bartemais

    Any justification of Arab/Islamist aggression against Israel, be it moral equivalence or worse, is contra productive to peace in the Middle East. If the western nations had the wisdom and the will to hold the Islamists responsible for the ongoing war against Israel peace could be reached fairly quickly. However, the multiculturalism, moral relativism, and secularism has rendered the west weak and ineffective in there relations with the Arab/Islamic nations and terror organizations. Mr. Meotti is suggesting the proper change of mind, but who is going to listen. One can only hope for a fundamental change in western thinking.

  • Brujo Blanco

    Anyone that claims Israel is occupying Gaza is lying. All the Jews are out of Gaza. Israel does not intentionally attack civilians. Their enemies have fired thousands of anti personnel missiles into Israel. The terrorists shoot from populated areas so that when the Israelis fire back in self defense they end up killing civilians. The Palestinians want a totally Jew free Mideast. Now the Islwmists are working on a Jew free Europe.

  • Marty

    There is little hope that genocidal sociopaths in gaza or tehran or ramallah will ever be brought to trial. europe has been koranized and the murder of Jews is considered a moral obligation for muslims and their dhimmi enablers. After all, no warrant by any court has been issued to apprehend and arrest those who launch missiles from gaza into Israel with the hope of killing as many men, women, and children as possible. Israel can only rely on itself and its considerable ability to eliminate as much of the hamas and hizbollah leadership as possible, preferably with drones and air strikes.

  • Drakken

    All this nonsense about Nurnemburg type trials are a complete utter waste of time and counter productive. The West are the only folks on the planet who adhere to these self destructive rules of Geneva and and so called war crimes. That is why the west hasn't won a war since WW 2. Untill the total war concept is dusted off and used with extreme predudice, this is complete folly and utter stupidity. Force is always the deciding factor, start bloody well using it, then you will have peace.

  • Mladen Andrijasevic

    Unfortunately, leading Israel intellectuals do not understand what Giulio Meotti does.

    It's time for Israel to talk to Hamas says A.B. Yehoshua http://www.madisdead.blogspot.co.il/2012/12/its-t

  • Noel

    It is depressing to read some of these comments that support Jihdistsband Islamic psychopaths.

  • Bob

    Giulio. Great article,so much truth and common sense .should be compulsory reading for everyone Bob NZ