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Talk of Israel’s crime of genocide in the war against Hamas in Gaza is ubiquitous. It is treated as an axiom; to question the tenability of Israeli genocide is to act as if one is questioning an invariable law of nature. South Africa has even brought charges of genocide against Israel at the International Court of Justice. College protests and global public outrage at the deaths of Palestinian civilians—with the irrelevant special citation of women and children—are fueled by a misconception about the nature of genocide itself, a crime of which the Jewish state is innocent.
(I say the deaths of women and children are irrelevant in the citation of the alleged genocide because it is a surreptitious way of imputing greater moral value to the lives of women and children than to men. Nothing, however, could be further from the truth. The death of a man in war regardless of his age is just as tragic as the death of a child. All human lives regardless of sex have intrinsic moral value.)
The word genocide was first coined in 1944 by Raphael Lemkin, a Polish-Jewish lawyer, to describe the systematic extermination policies of Nazi Germany during World War II. Genocide has been defined as acts committed with the intent to destroy in whole or in part, a national, ethnic, racial or religious group. It involves preventing births within the group, and forcibly transferring children to another group.
As an historical fact, it is worth noting that in the years following the re-establishment of Israel in 1948, the Arab population of what many refer to as historic Palestine more than quintupled from 1.3 million to about 7.5 million. The Palestinian population in Judea and Samaria has continued to rise from 3.6 million in 2006, to 5.4 million in 2023. One has to point out that when there are far higher death tolls in the Middle East, say, in 2011 where up to 600,000 people have been killed in Syria’s civil war—a number which many writers state is ten times higher than have died in the Arab-Israeli conflict since 1948—such war outcomes are never labeled as genocides.
There are some important points to be made here. Israel has never had a genocidal policy towards its Arab populations which have grown exponentially in Israel and in Judea and Samaria (also part of Israel). It cannot be accused of genocide in its current war against Hamas in Gaza for several reasons. There is no intent to annihilate the Palestinians in Gaza. The responsibility for the war lies with Hamas, which invaded Israel on October 7, 2023. No rational war can be fought when an attacked nation is asked to be morally responsible for the civilians of the aggressor region or country. Hamas bears full responsibility for any death toll of its citizens on two fronts.
First, it categorically started the war and so, therefore, there can be so such thing as consideration for the rights of that region in any respect. It initiated force and has, therefore, stepped outside the principle of rights. Second, it strategically places its military personnel and materiel in the civilian domains of hospitals, mosques, schools and the homes of citizens. To demand of Israel that it engage in a ceasefire because Hamas has not made a distinction within its own region between authorized combatants and civilians means that it becomes tactically necessary to bomb any area in which the enemies might be—even if they embed themselves within civilian domains.
There is no other way for Israel to fight the war. The tactic of embedding a region’s war machinery within civilian domains is evil; however, it is not the moral responsibility of Israel, which was attacked, to take on this responsibility by adopting what we may call the Neo-Pacifist Principle. In adopting the Neo–Pacifist Principle, Israel would be expected to pursue two suicidal policies.
First, to succumb to the exploitation of its goodness by agreeing to care more for the welfare of Palestinian-Gazans than it does for its own citizens and for its own sovereignty, autonomy, and right to state preservation. In point of fact, given Israel’s military restraint in the face of constant rocket shelling from Hamas ever since it unilaterally handed over Gaza to Hamas in 2005, we may say that Israel does care more for the women and children of Gaza than does Hamas. If it does enact this altruistic principle then morally, tactically and from an overall military standpoint, it can only end up fighting a demoralizing war in which it doubts its moral right to self-defense. It is impossible for Israel to adhere to the first clause of the jus in bello portion of the Just War Theory (Discrimination) which establishes norms governing the use of force in wartime. It prohibits, absolutely, killing or allowing innocents to be killed in war. It states that military force must be applied only against political leadership and military forces of the state. Every effort must be made to discriminate between combatants and noncombatants, soldiers and civilians, and to minimize civilian casualties. Direct attacks against civilian targets, such as neighborhoods, hospitals and schools are morally impermissible according to this section of the Just War Theory. Indiscriminate mass destruction of cities is similarly impermissible. But Hamas has turned its schools and hospitals and neighborhoods into war zones, making it impossible for Israel to logically adhere to any of the Theory’s tenets. We can already see that it is Hamas that has preemptively violated the Discrimination portion of the Jus in bello clause.
Second, Israel is placed in the untenable position of adhering to the Proportionality clause in the second clause of jus in bello of the Just War Theory. That clause states that the destruction inflicted by military forces in war must be proportional to the goals they are seeking to realize. An indiscriminate war of attrition that seeks to eliminate the enemy society altogether is not morally justified. The goal should be to use the minimum level of violence to achieve the limited aims of a war.
What does proportionality mean in the face of a terrorist leadership unit that has pledged, as the goal of its movement and the purpose of its existence, the total elimination of Jewry and the destruction of Israel? The breadth and scope of Hamas’ goal, its massive radicalization of its citizenry against Israel, all render the proportionality clause in this war inapplicable, untenable and, simply put—old-fashioned. An entire essay on the inapplicability of the Just War Theory written centuries ago for a different kind of warfare, shall be forthcoming. Its origins are traced to the writings of St. Augustine in the 4th and 5th centuries, during which time the philosopher developed ideas about the morality of war.
Israel’s moral purpose in winning the war is to vanquish Hamas—and further: given the Charter of Hamas which aims (again) to eliminate Jewry from the region and the world, to destroy Israel and, further, to establish a Global Caliphate, Israel must inflict generational damage as part of its winning strategy. This means it has to ensure that subsequent generations are rendered impotent in ever waging a destructive and annihilative war against Israel. There can be no mercy in this part of the execution of the war.
Hamas was duly elected by an electorate that placed it in power. In January 2006 when the terrorist organization was elevated to power, the victory was hailed as an achievement in the democratic process in the Middle East. There is, then, no clear distinction between Hamas and the people who elected its leaders to power. Even those who are innocent and dislike Hamas must bear the inconveniences of a democracy. In a war initiated by a government elected by a people, death is one of several prices it pays for the sins of its leadership.
The Genocide of Christians by Muslims you Snowflakes/Useful Idiots
Hamas will die and be no more. If anyone in the middle east really cared about these people, all these countries with their petrotrillions, if they really cared then they would make a new home for them far from israel. But that is not what we are seeing. The arabs want to kill israel. That is why israel has an army, to prevent that from happening.
There’s a commenter named Adler Pfingsten on JNS who has suggested that Hatay Province, which Erdogan annexed some years back, would make an excellent home for the Palestinians. Of course, since it was annexed by Turkey, there is no mention of “occupation”, as there is about Israel’s wholly legitimate tenure in her historic homeland.
A logical and very good explanation but the problem of THEIR (Israel) annihilation still exist and is still à big part of the problem. What I mean is the genocide of the smaller nation.
This comment shows the type of “scholarly” production from our university system. The concept of this piece follows a path started by Jeff McMahan at Oxford decades ago that has apparently developed into mainstream academic thought. The life of a man is just as important as a woman or child. Granted. That is about it.
The long tedious war rules are a waste of time. If a tribe of primitives attacks you, then a devastating response is in order. This creates a quiet that lasts generations.
“and they created a desert and called it peace” Tacitus was accurate 2,000 years ago and still is.
What do you mean by scholarly production? Make sense. Please. It’s a legal defense against an untenable claim against the charge of genocide against Israel.
Israel seems to be the only nation in the world that is not allowed victory over its enemies and one whereby its enemies are eulogised by the rest of the world.
People keep conflating Israeli restraint for muslim incompetence.
Israel could have, pretty much anytime in the last 70 years, driven out or killed every muslim in muslim occupied Judea, Samaria, and Gaza. They haven’t.
Whereas the muslims have been trying to kill every Jew in Israel for longer than that, and have repeatedly not only stated the fact, but attempted to carry it out.
As it stands the so called “genocide” that the Israelis are supposed to have carried out would have to be the most incompetent attempt at genocide in history.
Given the Jewish people’s demonstrated competency at just about everything they have ever turned their hands to anyone with half a brain would realise that they haven’t been practicing genocide in the muslim occupied territories.
Yes, given Israel’s technical brilliance, if they wanted to commit genocide and believed it morally justified, it would, without doubt, be done by now.
Always a pleasure, dare I say, to read Dr. Hill’s essays. I wonder if he is still teaching at DePaul U, or did they finally manage to kick him out? If that ever happens, or if it already has, I hope he can find another position at some place like Hillsdale, where he would be much appreciated.
Thanks for your kind words. . I’m still a full –tenured professor at DePaul ; still pushing and going strong
In the newspaper The Epoch Times April 3-6, 2024, A14 the reader in informed about “Civilian Casualties.” For it reads, “Israel risks the lives of its soldiers to prevent civilians deaths. Hamas risks the lives of civilians to prevent terrorist’s death. Israel considers it a failure, and Hamas considers it a globally advantageous when civilians die than its soldiers.”
The contrast between Israel and Hamas is vast and outstanding.
Others have said that Israel uses its weapons to protect its civilians and Hamas (and its little friends) use their civilians to protect their weapons. Big difference.
As for that bogus claim of Israeli genocide in Gaza, the reality that the actual , real, intention of Hamas is the genocide of the Jewish people that’s the goal of Hamas and not of those in power in the State of Israel regarding the “Palestine” people.
About innocent those children who died in Gaza because the jihadists Hamas hiding among places with children. Also this current war that Hamas started this with Israel on October 7th when it launched its brutal vicious and murderous and even vile and heinous jihadist attacks on the peaceful Jewish citizens of the State of Israel.
Those innocent children who died in Gaza because of Israel’s air force was not the intention of the government and military officials of Israel.
Those youngster who had been killed had died because those despicable jihadists of Hamas, because they are so very callous and cruel that they deliberately stationed their jihad strategy command and weapon centers at buildings that have children in and around those places.
Therefore the bloodguilt for the death of those children of Gaza on the wicked hands of the Hamas jihadists.
Even a partially fair investigation and hearing by the Marxist infested and influenced International Court of Justice is very unlikely if not impossible regarding and libelous accusations of genocide against Israel when , in reality, it’s those jihadists of Hamas who committed action of attempted genocide against the Jewish people.
For it was Hamas that stated that current war in the Middle East by murderously invading Israel, on October 7,th , and now has its jihadists hide their terror and weapon centers among civilians ,including children in Gaza and then have the gall to blame the Israel Defense Force when civilians are killed.
For it was Hamas using its jihadists stooges then attempted to commit genocide against the Jewish people and the jihadists of Hamas even went further in heinous evil by kidnapping many Israel’s and raping many Jewish females .
Those Hamas jihadists are so cruel and vicious that they even took Jewish infants and burned them to death while they were still alive.
In spite of all those facts, some despicable people want to have acquittal for Hamas from all is wicked jihad terrorism and release its jihadists from the monstrous Islamic evil that they have so vicious committed and are very guilty of, and yet condemn Israel for striking back and Hamas in self- defense. This is absurd and wrong. Very absurd and wrong.
To add to this m libelous and slanderous of false charges of genocide are made against Israel about it heads of government and the IDF.
Such charges are as absurd as they are also wrong. Those changes are very absurd.
Related to this, the Bible informs its reader that “Acquitting the guilty and condemning the innocent – – the Lord detests them both.” Proverbs 17:15. [N.I.V.]
It’s rather interesting that” “The Israel campaign In Gaza, despite contrary propaganda, has a very low ratio of civilian to combatant deaths compared with other urban counter- guerrilla warfare.” [1]
[1] THE EPOCH TIMES, August 7-13, 2024 A15
According to sources that I have read (sorry, can’t remember which), the ratio of Arab civilians (Civilians) to Israeli military (IDF) deaths is not much over 1:1, unheard of in any other war. Even the U.S. has never come close to these numbers. This, among other things, is what has earned the IDF the title of the world’s most moral army.
The Dahiya Doctrine of Israel (2006) is against the Just War theory .It is collective punishment and it is being applied in Gaza and Lebanon.
Good. Maybe it will teach the genocidal Muslims of Gaza and Lebanon the meaning if the word retribution.
“Their conclusion was Israel can’t defeat Hezbollah,going to war against it would be a suicide mission.”
I am sure that in previous war against genocidal fascists some Jews might also have said that to those fighters’ at No. 18 Miła Street. And in the end they perished but were not defeated.
These are probably the same knuckleheads who gave up land for peace. The land is the Lord’s and everything in it.
I’ll never get over how the Muslims have turned that around in such an evil and false way. When you start a war with the outright intent of genocide against the Jews and viciously slaughter over 1200 of them in the most barbaric ways possible, an then you lose the war you started and are getting wiped out for it you do NOT get to call that genocide on the part of those you attacked with the stated intention of genocide! Sorry Hamas, that’s just not how it works.
It’s a fool’s errand to create a separation between Hamas and the civilian population of Gaza just as to so in Nazi Germany or any totalitarian country is futile.
It is a symbiotic relationship between the populace and an elected terrorist organization that they fully support. They are one and the same. Hamas is Gaza and Gaza is Hamas.
It is a mendacious leftist imposition on Israel created in order to make their war more arduous and lengthy resulting in greater casualties for Israeli soldiers.
If this war had been fought properly and a total Seige imposed, it would have been over six months ago with half the casualties for Israel.
Of all people, the Gazans are the least worthy of receiving Humanitarian Aid. You have to human to receive that.
Simple solution Palestinians: Either ally with Israel. Help Israel to eliminate Hamas and other violent factions. Adopt the successful principles of free countries. Prosper. Or, continue to ally with Hamas. Let Hamas steal your meager resources and brutalize you. Allow Hamas to use you as human shields and as an excuse to conduct war with Israel then retreat to live and hide among you without facing consequences. Continue to rot, decay, and decline. Your choice.
Such good analysis. Thanks, Professor Hill. I saw your interview with Becket and came here and I love your writing. I’ll keep reading Front Page Magazine.
The actual facts show that Israel is not seeking “revenge”, “retribution”, “punishment”, or “siege/famine”, in its actions in Gaza, Lebanon, Iran, or elsewhere in the Middle East. These would be the goals of many other nations if placed in Israels position; and this is the propaganda lies narrative.
However, the Jews are weirdly different, and Israel’s goal is simply “please let us live.” A careful review of the facts shows that Israel is focused exclusively on eliminating the weapons and capabilities that are being used in attempts to annihilate Israel. Examples include: the recent attacks on only select military targets in Iran after Iran attacked Israel with hundreds of rockets; the Hezbollah pager and walkie talkie explosions, eliminating the sources of the rockets that Hamas and Hezbollah have been raining on Israel daily, pre-notifying civilians to evacuate before Israel targets military sites.
Jews did nothing to seek retribution on Germany or other European or Arab nations after being forcibly taken from their generational homes, possessions, livelihoods, and murdered in the first half of the twentieth century. Jews did not become permanent refugees trying to return, but got on with living joyful lives and trying to positively contribute to wherever they ended up on this planet. There is a very apt Jewish joke: “They tried to kill us, we survived, let’s eat !”