Call your lawyer as soon as he graduates from law school. Genocide is a crime of intention. All civilian deaths in Gaza are unintentional. All the civilians killed by Hamas on Oct 7 were intentional.
The terms war crimes, crimes against humanity and genocide have separate meanings:
“All genocides are crimes against humanity, but not all crimes against humanity are genocides; genocides require a higher standard of proof, as they entail intent to destroy a particular group.”
That each has a colloquial legally meaningless usage creates more confusion. Keep this in mind as we ask:
Which side is genocidal, Hamas, Israel or both?
Who’s committing war crimes, Hamas, Israel or both? If both, symmetrically or asymmetrically? South Africa’s case at the International Court of Justice (ICJ) makes this question more relevant.
Before accusing either side, read the UN statute (key clauses below). Almost nobody does, especially those marching for Palestine, many of whom view October 7 as a false flag operation and war crimes as a fatality figures game.* If you agree with former British Labour leader Jeremy Corbyn’s brother Piers, you’ve earned a diploma from the Donald J. Trump Senior and Kelly Anne Conway University of Alternative Facts.
https://www.youtube.com/watch?v=GByFJ1fgazI Screenshot from Triggernometry
https://www.youtube.com/watch?v=GByFJ1fgazI And RFK Jr is right. The COVID virus was designed not to infect Jews….And the FBI organized the Jan 6 insurrection.
So here’s what the un- or misread war crimes statute’s two key clauses say:
“Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives.
Israel’s accusers, from South Africa at the ICJ to “from the river to the sea” protestors, forget this simple legal fact:
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Which side is changing the legal status of hospitals, schools and houses from non-military to military? The statute’s key word is “undefended”. Who changed the legal status of this hospital by deleting the un from undefended? Answer: the guy with the RPG, not the Israeli drone operator.
https://www.youtube.com/watch?v=b8GxiIThdGw&t=3s
The UN statute lists two key definitions of war crimes: context and intent:
“War crimes contain two main elements:
A contextual element: “the conduct took place in the context of and was associated with an international/non-international armed conflict”;
A mental element: intent and knowledge both with regards to the individual act and the contextual element.
It also includes hostage-taking, sexual violence and using civilians as human shields in its list of war crimes:
Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
https://www.youtube.com/watch?v=UXZEzbT0H1s
Watch the video and you’ll see Zuhri openly confess Hamas’ guilt in violating this clause of the UN statute. And this satellite image of Hamas’ underground rocket manufacturing complex in the Bureij refugee camp:
https://www.youtube.com/watch?v=b8GxiIThdGw&t=3s
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Committing rape, sexual slavery, enforced prostitution, forced pregnancy…or any other form of sexual violence….
https://www.youtube.com/watch?v=eFVXFXZ9xGA&t=566s Beyond disturbing. Copy & paste link to listen.
As you read the list below ask which side committed these war crimes, Hamas, Israel or both. The bolded caveats are key to answering correctly:
Wilful killing
Who’s wilfilly killing? These Hamas terrorists in the video or….
https://www.youtube.com/watch?v=zF5GRHi0K_4 Copy and paste to hear confessions.
Or the IDF that provides these detailed maps of safe zones for Gazans to go to, providing its Hamas enemies with prior information about attacks?
https://www.youtube.com/watch?v=zF5GRHi0K_4
And IDF intelligence that spent hours on the phone with a Gaza dentist who then led an evacuation of several apartment blocks:
‘I’m calling from Israeli intelligence. We have the order to bomb. You have two hours. We will bomb three towers’
The voice addressed Mahmoud by his full name and spoke in flawless Arabic. “He told me he wanted to bomb three towers… and ordered me to evacuate the surrounding area. Mahmoud’s tower was not directly under threat — but he was suddenly responsible for evacuating hundreds of people. “I had the lives of people in my hands…”
The hours long call clearly excludes the UN statute’s adjective “wantonly” from IDF operating procedure. In fact the IDF’s spy unit 504 made 50000+ calls and sent 12 million messages to Gazans to save lives:
Channel 12 listens in on a call that a Unit 504 officer has with a Palestinian in Gaza on December 24, 2023. (Screen capture/Channel 12)
The IDF Military Intelligence Directorate’s Unit 504 — which specializes in HUMINT (human intelligence) — has held 50,066 phone calls with Palestinians in Gaza while also issuing 12 million voice messages and 14 million text messages, according to figures published by Channel 12 on Saturday.
The Invention of Intention
Do you believe this bombing was a war crime within the UN’s “wantonly” adjective defining war crimes? If so, leave a comment about which shows more intentionality, the IDF call or this Hamas order for October 7:
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Which shows more of the intentionality the UN statute defines as a war crime, the Hamas beheading and organ extraction order, or this IDF call:
And holding fire due to five children near the target:
At the ICJ South Africa engages in the invention of intention with cherry-picked quotes of Israel’s finance and interior ministers (Smotrich and Ben Gvir) not in charge of military operations, while denying Hamas’ well-documented intention to violate the UN statute.
Torture or inhuman treatment, including biological experiments;
When Eitan arrived in Gaza, he was reportedly hit by civilians, according to his aunt who spoke to his mother. “When he arrived in Gaza, civilians hit him. He is a 12-year-old child,”
Wilfully causing great suffering, or serious injury to body or health;
Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
Unlawful deportation or transfer or unlawful confinement; (Hamas’ 136 hostages cover this one)
At first Women Wage Peace leader Vivian Silver was thought to be one. But then her burnt body was found. Democracy Global WhatsApp chat
Taking of hostages.
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CCTV images of Hamas moving hostages through Gaza hospital.
https://images.wcdn.co.il/f_auto,q_auto,w_1200,t_54/3/6/3/1/3631015-46.jpg
Who’s genocidal: real intention vs the invention of intention
Winston S. Churchill called the Germans’ annihilation of Europe’s Jews a “crime without a name.” Polish Jewish lawyer Raphael Lemkin named the crime: genocide. Intention is key to his definition:
“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.”
In 1948 Lemkin successfully lobbied the UN to create a Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) whose statute’s key clauses read:
Article II:
In the present Convention, genocide means 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;
Israel is accused of violating (c ) by denying aid to Gaza. But who’s really denying aid to Gaza’s civilians? Israel…or Hamas?
https://www.youtube.com/watch?v=b8GxiIThdGw&t=9s
Hamas’ own leaders will tell you:
Who gets the UN’s fuel and medicine? Not its intended recipients:
https://www.youtube.com/watch?v=b8GxiIThdGw
Abu Marzouk’s boys get fueled and fed first: https://www.youtube.com/watch?v=b8GxiIThdGw
Hamas fighters commandeering a UAE aid truck Koranic kleptocracy + war tells you who violates clause (c ):
https://www.palestine-studies.org/en/node/42605
While Hamas’ billionaire capos, Khaled Meshal, Ghazi Hamad, Ismail Haniyeh, whose son races Formula 1 cars, fly in their private jet:
https://blogs.timesofisrael.com/fighting-abbas-war/
Many Gazans now understand the game that “Free Palestine” western useful idiots don’t. They’re telling you who the real criminal violator of clause (c ) is.
And Sinwar in this photo is now the capo di tutti i capi (Democracy Global WhatsApp chat)
(d) Imposing measures intended to prevent births within the group;
These charts show Israel to be the least competent genocidal state in human history:
Now 2.3m. When Israel withdrew in 2005: 1.345m
25% growth in 10 years makes Israel the most incompetent genocidal state in human history.
(e) Forcibly transferring children of the group to another group.
Who’s guilty of violating (e)? Hamas…..
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or the kidnappers of Kfir Bibas, whose 1st birthday just passed in captivity?
or Hamas’ children indoctrinated in its UNRWA summer training camps and its children’s TV shows as human shields and to gather intelligence…..
https://www.youtube.com/watch?v=axe_NcIEfsU
Theocratic genocidal ideology + training children = war crime (memritv.org)
It’s clear Hamas has committed a, b and e. Regarding c and d: read Hamas’ covenant to be convinced that it would if it could.
https://www.youtube.com/shorts/42hb33l9fJw
Since 97% of Palestinians define “Palestine” as “from the river to the sea” it’s clear what this Hamas leader means:
https://www.youtube.com/shorts/42hb33l9fJw
Has the Israeli government committed a, b and c? Certainly a and b, though not intentionally. If Israeli leaders intended genocide for Gaza, they could have done so, and they certainly would not have provided this aid to Gaza:
COGAT’s (Coordination of Govt Activities in the Territories) figures for entry of humanitarian aid into Gaza on Jan. 12, 2024
https://www.youtube.com/watch?v=b8GxiIThdGw&t=9s
If blockading Gaza and denying aid to its people are genocidal crimes, then Egypt is also guilty since its blockade is tighter than Israel’s. The global “from the river to the sea” protests are silent about Egypt’s blockade and its provision of ZERO work permits to Gazans before October 7, while 20000/day commuted to work in Israel. What kind of genocidal state gives work permits to its victims?
The demographic numbers above prove that the intention part of the UN statute is absent in Israeli policy. Given the vast asymmetry of power, if genocide were Israeli policy, it would have already done it without risking IDF soldiers in ground operations. Gazans die in war from Israel’s pursuit of military objectives (“military advantage” in UN statute terms).
Conversely, Israelis killed by Hamas died because Hamas soldiers pursued objectives that were not military — looting of cars and other goods from kibbutzim, and burning everything but military targets — as its captured documents and combatants both confess.
The legal question is whether IDF operations were “clearly excessive in relation to the concrete and direct overall military advantage anticipated”. This question can be answered only by determining if the threat posed by Hamas, together with its Hizbullah and Iranian sponsors, is existential. If it is, then virtually every operation becomes a “military necessity” and yields “direct overall military advantage” as legally defined in the UN statute.
Hamas’ words to intentions to action vs the invention of intention
In applying the UN statute and Lemkin’s definition of genocide to analyzing the combatants we should therefore take the leaders of Hamas and the Palestine Authority at their word; that their words indicate intentions. Since Israel is an actual state, we should take only its war cabinet leaders at their word in judging Israeli policy intentions and their policymakers’ implementation of those intentions. Far right theocratic hotheads Ben Gvir and Smotrich are Israel’s interior and finance ministers. They don’t govern military strategy or tactics.
Armed with this knowledge, view the rest of the captioned images below to make evidence-based sense of the intentions of the two sides.
Hamas’ intentions are clearly genocidal towards all Jews, not just Israel’s:
Ghazi Hamad merely repeats what Hamas’ founder Sheikh Yassin said more than 30 years ago. Hamas’ remarkable consistency in messaging tells us to take it literally AND seriously. October 7 was a policy statement.
