What is Genocide?
By Daniel Hart
What is genocide? Are the actions of Hamas against Israeli Jews genocidal? Is Israel, in its war against Hamas, actually committing a genocide of the Palestinian Arabs in Gaza? This may seem like a confusing scenario and concept for many to understand but the answer should be very clear for any thoughtful person once they have been presented with the facts.
First, what is Genocide? Genocide is defined as the deliberate killing of a large number of people from a particular nation or ethnic group with the aim of destroying that nation or group. Let’s review past and present actions of the parties to this longtime conflict.
Part I - Is Hamas (as well as other Palestinian Arab groups) committing genocide of Israel’s Jews? The short answer is YES. There is indisputable proof that Hamas and other Palestinian Arab groups have been waging a decades long genocide of Israel’s Jews. It’s not merely the events of October 7th, Black Shabbat. There is a long history of these terror groups murdering Jewish Israelis because they are Jewish. Hamas’s charter literally calls for the genocide of all of Israel’s Jews.
Article 8 of Hamas’ charter, originally published in 1988, following the year it was founded states “Allah is Hamas’s goal, the Prophet is the model, the Qur’an its constitution, jihad its path, and death for the sake of Allah is the loftiest of its wishes.” For those who aren’t aware, jihad is an Arabic word which literally means “striving” or “struggling” especially with a praiseworthy aim. It is most frequently associated with war and armed struggle against unbelievers (infidels, aka non-Muslims).
Another article from its charter, Article 13, states that “one of the links in the chain of the struggle against the Zionist invaders” and references a hadith (a statement or endorsement of Muhammad) which states that the Day of Judgment would not come until the Muslims fight and kill the Jews. And that “There is no negotiated settlement possible. Jihad is the only answer.”
Hamas is obviously a sadistic genocidal antisemitic terror organization. The message in the Hamas charter comes from the leadership of the Palestinian Arabs in Gaza. This is not merely the individual words of Gazans. It is the stated national ambition of the government in power in Gaza.
Hamas and Palestinian Islamic Jihad’s indiscriminate rocket attacks on innocent civilian Israeli women, men and children are also acts of genocide. You might think that because these triple war crime rockets haven’t resulted in high Israeli casualty rates therefore couldn’t constitute genocide, however, Article II of the Convention on the Prevention and Punishment of the Crime of Genocide states acts committed with INTENT to destroy, in whole or in part, a national, ethnical, racial or religious group, such as 1. Killing members of the group; 2. Causing serious bodily or mental harm to members of the group; 3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, all constitute genocide. As the convention considers intention rather than success, the Palestinian Arabs are guilty of genocide against the people of Israel.
And don’t think it’s just Hamas. It’s also the Palestinian Authority and all the other incorrigible Palestinian terror groups.
The PA, for example, spends $400,000,000 per year to directly incentivize the terror murder of Jews. The more Jews the terrorists kill, the more money they and/or their families receive for life. (Don’t believe me? Google “Palestinian Martyr Fund”.)
As I have already clarified, the international crime of genocide does not require that you be successful in mass killings. It merely requires that you have only the purpose and intention of wiping out the people you are targeting and that you carry out even a single killing in furtherance of that purpose. The PA violates this every time a Palestinian terrorist murders a Jew. And Hamas has obviously violated the genocide convention in the case of each of the 1400 plus Israelis killed on October 7th, Black Shabbat. That’s 1400 individual acts of genocide alone!
Part II - Is Israel carrying out a genocide of the Palestinian Arabs?
It’s easy to see why some very moral people believe this is true. They see Palestinian suffering and thoughtlessly accuse Israel of genocide without taking into consideration the international rules of war and the nature of the purpose of Israel carrying out defensive strikes against Hamas terrorists. But when one carefully examines the facts of the conflict and the justification for Israel’s retaliatory actions, it is obvious that those accusations are not based on reasonable judgement about the facts of history and present day events.
Israel literally invented moral warfare and uses well thought out moral-as-possible responses to Palestinian terrorism. Israel even requires a judge advocate general be present during military operations who oversees retaliations against Hamas and PIJ terrorists, making sure that they are proportionate and therefore legal under international law. The judge advocate general has the power and authority to override a decision to attack a terrorist made even by the Israeli prime minister.
Israel’s precision strikes on Hamas and PIJ military targets in Gaza are a good example of Israel keeping civilian casualties to a minimum in carrying its mission to eliminate top Hamas and PIJ commanders and their terrorist network of Hamas and PIJ fighters and their support network. Those that are quick to criticize Israel for those strikes point to the high civilian casualty figures reported by the Gaza Health Ministry. But the Gaza Health Ministry is run by Hamas and clearly Hamas has a record of telling all-out lies about its casualty rates. It fails to point out casualties that result from Hamas and PIJ rockets falling short in Gaza (approximately 30% of all rockets they fire) and killing Palestinian Arab civilians. It also fails to properly discern between terrorist lives and civilian lives. It also fails to properly discern between adult and child casualties and consistently exaggerates the child casualty rates, as well as overall/total casualty figures.
Also, Israel has no charter or laws that call for the deaths of any ethnic people. In fact, 20% of Israeli civilians are Arab. And under Israeli law, all Israeli civilians regardless of sex, religion, ethnicity have equal rights. Clearly Israel isn’t genociding 20% its own population.
Some accuse Israel of genocide based on Israel’s strikes against Hamas targets in Gaza. But these accusations simply don’t hold water. For example, the recent bombings of the so-called refugee camp in Gaza are also where Hamas has tremendous support and contributors and where Hamas terrorists reside. Israel bombed this camp knowing the value of the Hamas targets at the camp and killed Gaza’s Hamas leader in doing to.
The targeting rule in international law says that you CAN target enemy combatants and also those that contribute to and support Hamas even if they are civilians. The refugee camp in Gaza is filled with both.
Also under international law, the collateral damage rule is referred to as "proportionality" and says that you can target your enemy, in this case Hamas, a sadistic, genocidal terror organization, under the targeting rule even if there is collateral damage, and even extensive collateral damage to civilians so long as the collateral damage is not clearly excessive in relation to the military necessity. Obviously, the military necessity in this circumstance is HIGH. The necessity of Israel in this war is to destroy the sadistic, genocidal terror organization of Hamas that committed the atrocities on October 7th. Because Hamas committed these atrocities and is still committing war crimes by attacking Israeli civilians and by holding Israeli hostages and is still attempting to invade Israeli territory to carry out more attacks, it is essential that Israel carry out a successful attack on Hamas as quickly as possible. Collateral damage is obviously warranted in this scenario.
The only conclusion from this analysis of the accusation of genocide will be crystal clear to almost everyone. Some people, however, have a deep seated hatred of Israel and regardless of the facts will continue to accuse Israel of genocide when Israel is genuinely acting in its own self defense and waging a war against the government and military forces in Gaza.
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