26 thoughts on “US and Israel Jointly Conspired to Ethnically Cleanse Gaza – Tikun Olam תיקון עולם إصلاح العالم
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  1. Please stop using the legally meaningless phrase “ethnic cleansing.” It is a euphemism for genocide.

    Genocide does not required “forced expulsion”. It is an act of genocide to create conditions that encourage a “voluntary evacuation.”

    Genocide Convention Art. 2, Clause (c).

    (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

    1. The use of the phrase “to commit genocide” instead of the phrase “to ethnically cleanse” is important from the standpoint of law.

      The commission of a US federal capital crime cannot be part of the official duties of the president. The president must be arrested to be tried for the US federal capital crime of genocide.

  2. This legal definition is then applicable equally both to Hamas and Israel.

    Hamas murdered and tortured and raped and burnt down homes of Israeli citizens thus causing the physical destruction of various towns and causing of the remaining population to evacuate.

    Genocide though is a loaded word in popular usage, and the legal definition is so wide ranging in its possible applications so as to dilute it of its original meaning of completely wiping out an ethnic group, which I don’t believe either side of the conflict is intending to do.

    1. I apologize for the extra comment, but I have to object to a standard Zionist propaganda technique. While Hamas may have committed crimes, a crime by one party does not offset a crime by another party, and no crime by Hamas can legalize the genocide or murder that the Zionist movement has perpetrated against Palestinians since Dec 1947 and that has never ceased.

      Here is the definition of genocide in international law.

      Article 1
      The Contracting Parties confirm that genocide, whether committed in time of
      peace or in time of war, is a crime under international law which they undertake
      to prevent and to punish.
      Article 2
      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;
      (d) Imposing measures intended to prevent births within the group;
      (e) Forcibly transferring children of the group to another group.
      Article 3
      The following acts shall be punishable:
      (a) Genocide;
      (b) Conspiracy to commit genocide;
      (c) Direct and public incitement to commit genocide;
      (d ) Attempt to commit genocide;
      (e) Complicity in genocide.

      Jurists have interpreted intent in Article 2 prologue to be dolus specialis (specific malevolent strategy). While it is easy to prove beyond a shadow of doubt in a court of law that the Zionist leadership had a specific malevolent strategy of genocide, but it is impossible to prove dolus specialis of genocide on the part of Hamas. In addition, like any national resistance movement Hamas has an active defense for its acts.

    2. It is easy to identify dolus specialis (specific malevolent strategy) of genocide among Zionist colonial settlers. It is impossible to demonstrate comparable dolus specialis for Hamas.

    3. @ Shmuel: I don’t agree that Hamas has committed war crimes. Armed resistance against foreign occupation is legitimate according to a UN GA resolution. Armed resistance is not genocide. They did not “destroy” towns in Israel. They attacked them. That is not the same.

      Now, if you say that Hamas is guilty of war crimes I would agree. I believe Hamas leaders should face justice in the Hague. But only if Israeli leaders and generals join them there.

      THe legal definition of genocide is only “wide-ranging” or “diluted of its original meaning” if you cynically attempt to undermine it so it doesn’t apply to anyone, especially Israel. The actual definition of genocide is quite clear. And Israel btw is attempting to ‘wipe out’ Palestinians in both the West Bank and Gaza. “Wiping out” not only means mass murder. But it also means erasing an indigenous population from its land, as Israel is doing.

      1. To be legally correct, any party to an armed conflict can commit genocide, a war crime, or a crime against humanity, but our legal system understands a crime to consist of a criminal act (actus reus) and criminal intent (mens rea). In an active defense, the defendant admits the act but proves that he does not have the intent. If I kill someone to stop him from murdering me or from murdering someone else, my intent is not murder but to defend myself or the other person. When a native resistance movement attacks, it does not have criminal intent against the target but to defend its people from a crime.

        1. Actually, an affirmative defense, such as self-defense, does not negate any elements of the crime (including intent) but serves as an exception to criminal liability notwithstanding that the elements of the crime have been satisfied.

          I’m not familiar with a “self-defense” exception to genocide. I’m also not familiar with any rule under international law that permits a native resistance movement to torture and murder civilians.

          1. A civilian is not always a protected non-combatant. If a civilian is taking part in genocide, a war crime, or a crime against humanity, he is not a protected non-combatant, and the native resistance can certainly kill the civilian without necessarily incurring criminal culpability or liability.

            Mens rea is not determined by an objective standard in a court even if the prima facie case asserts mens rea exists. In a criminal case it must be proved beyond a shadow of a doubt. Someone, who does not meet a legal standard of competence at the time of actus reus has a good chance of overcoming the prima facie case.

          2. @ Rex: Hamas is not liable for defending its homeland. A case may be made that it is liable for its killing of civilians. But that is all.

            I’m not familiar with a “self-defense” exception to genocide

            Hamas had not committed genocide. There is no intent to commit genocide. A single act of invasion of Israeli soil and accompanying killings is not a pattern leading to a legitimate claim of genocide. It may be a war crime, but not genocide. Not to mention that such an invasion is a legitimate act of armed resistance.

            I’m quite familiar with Israel’s actions in Gaza amounting to genocide.

            There is a UN General Assembly resolution that affirms a right to armed resistance against foreign occupation. It does not specify categories that may be targeted. Nevertheless, nearly half of those killed on 10/7 were soldiers, police, Shin Bet and other official, and therefore legitimate targets.

            You may publish a single comment in any thread. This one was yours for this thread.

        2. It does seem that Hamas had to have criminal intent that is if it was planned and under unified command. I have a hard time with Israel’s intent which is under unified command regardless of what they claim. This begs some judgement as to, regardless of “intent”, whether enough care (or care at all) was/is taken in the use of weapons used, disproportion( as policy), indiscrimination. How much of this war is about retribution, retaliation, rage, visited on all Gazans because of the threat of the few. I have a hard time with the tunnels as an excuse for having to destroy civilization above.

      2. Israel has not been very successful in its declaration/ or arguments that Gaza after 2005 was no longer under occupation, especially under the blockade. It’s been no sale that Gaza is an independent state separate from the West Bank. Palestinians want to have a state that connects the West Bank and Gaza as their state. The polity are Palestinians, the people. But the land has been treated separately by Israelis. more and more so over the years. Israel’s solution seemed headed towards cutting Gaza off and letting it float in its bubble into space and then concentrating on settling the West Bank. The ostrich approach.. for years.

      3. In legal terms calling a horrible massacre of human beings a genocide is not as straightforward … see Nuremberg trials and Jewish scholar — Starvation Genocide and the Triumph of Raphael Lemkin.

        The Srebrenica massacre (Ratko Mladić) was judged a genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY), yet the World High Court ICJ in The Hague in Case Bosnia and Herzegovina v. Serbia and Montenegro, found Serbia Responsible for Breaches of Genocide Convention, but Not Liable for Committing Genocide.

  3. Re: “Hamas murdered and tortured and raped and burnt down homes of Israeli citizens thus causing the physical destruction of various towns and causing of the remaining population to evacuate.”

    It would have been money well spent for all concerned if Israel had stopped its illegal blockade and paid the Palestinians reparations or just recognized their right to return to those depopulated areas where Israel had established that skirmish line of Nahal military settlements in the first place then.

    Moshe Dayan warned the residents there not to blame the Arabs when they inevitably get fed up watching people living on their stolen land. https://www.jewishvirtuallibrary.org/moshe-dayan-s-eulogy-for-roi-rutenberg-april-19-1956

  4. It’s reasonable to wonder. After all the destruction in Gaza, the surviving population are in need of a way to survive: shelter, medical care, food, and livelihood. How can they survive in the broken environment we are seeing in the photos?
    I read an idea floating around to flood the tunnels! Somehow the Mediterannean will wash over it all? So the population has to go somewhere just to survive regardless of any formal plan. This Israeli plan that Biden sanctioned was from the beginning ethnic cleansing, genocide, whatever you want to call it.

    I read Bret Stephens NYT column (12/6) focussing on Hamas brutal rape of women ( it was difficult to read). He publishes details from the UN conference he attended, the testimony and then the column’s comments. Pramila Jayapal gets ripped apart and put on the defensive for her CNN interview where she is trying to turn the attention back to Gazans. (She now responds on twitter/X) But in the NYT comments, overwhelmingly, many are thanking Stephens for reminding us or making us aware of how awful Hamas terror was. It was..unimaginable. But this indirectly/directly works to justify what Israel is doing. This is keeping and spreading the Hamas terror of Oct 7th alive by spreading the gruesome details and thus contributing to the cycle. This is very much part of the war being waged.

    1. Dutch News television broadcast this evening too had an episode on the ongoing investigation sexual violence and rape of women of all ages and mutilation body parts on 7th October. Not coincidental but well coordinated … Dutch government is similar to Germany fully backing Israel’s version of events. Not focused on horror bombing and massacre of 16,000+ civilians in Gaza, no coverage of settler terror on West Bank.

      1. I am reading from many sources. +972 Magazine is good.

        The gruesome details of the Hamas attack, truly gruesome, are causing renewed reverberating reactions and serves to traumatize, re-traumatize, terrorize again, enrage, justify retaliation now and in the future.. We see it now in “anti-Semitic” attacks pronounced only since 10/7. The Israeli rage-retaliation war that they are deeply into that we here support has to be adding more terror to the original Hamas terror making the entire situation worse. The need for Israel as they destroy is to keep people sympathetic to Israel as the victim. The so-called “pro-Israel” side of this pushes these gruesome details to work people up, to justify what we are seeing in Gaza. Traumatized people.

        I hope the Security Council is able to declare a ceasefire. “António Guterres, the secretary general of the United Nations, on Wednesday called on the Security Council to declare an immediate and binding cease-fire in the Israel-Hamas war, invoking a rare and powerful tool in the U.N. Charter known as Article 99.”


  5. The U.S., France, Saudi Arabia and the UAE are taking part in talks to push Hezbollah fighters to the area north of the Litani River. The Lebanese government will be bribed with international funds. Hezbollah leaders said no.

    The objective is to guarantee the security of the Israeli settlements that lie on and near the border with Lebanon.

    On the Gaza Strip, Netanyahu stated that the Israeli army will retain control of Gaza’s security after the war, rejecting the possibility of giving that responsibility to an international force. 

  6. Noam Chomsky, several years ago, made a definitive statement, “If they have to fiddle with the language, they are lying.”

  7. Dutch self-censorship

    Today’s headline on NOS national broadcast site ..

    More fuel to Gaza Strip • Israel criticizes UN chief [updated today 07:42]

    • Israel allows more fuel into Gaza Strip
    • Israel’s fierce criticism of Guterres

    Here you will find an overview of our most important stories about the war between Hamas and Israel. And here you can read the meaning of a number of commonly used terms.

  8. US State’s latest euphemism …

    “Blinken says gap remains between Israel’s intent to protect civilians and results”

    Circumventing the naked truth for the world to see. Genocide.

    1. The state department used an emergency declaration to sell $106.5m worth of ammo for Israel’s Merkava tanks (14,000 rounds), without congressional review. Killing civilians must go forward.

  9. Ethnic cleansing of the Palestinians was the zionist entity’s plan from the day it was founded, I know that as an Israeli.

  10. School of Urban Warfare: Battle of Jenin 2002

    U.S. employs Israeli tactics in Iraq | NBC News – 10 Dec. 2003 |

    In fighting insurgents in Iraq, the United States is drawing on some of Israel’s methods and experiences in the West Bank and Gaza Strip, including running checkpoints and tracking militants with drone aircraft.

    Those in charge of so-called Operation Defensive Shield decided to enforce a siege so tight that no one, despite global protests, could get past Israel’s ring of steel; it was a total lockdown. It lasted for weeks while the Israeli government did its best to keep journalists and human rights observers away from the Palestinian city in the occupied West Bank.

    More …

    Gaza: the Israel-United States connection | Open Democracy – 7 Jan. 2009 |

    BALADIA CITY, Israel — In a new, elaborate training center in the Negev desert, Israeli troops — and someday, U.S. Marines and soldiers — are preparing for the wide range of urban scenarios they may confront.

  11. Netanyahu Fulfilling His Words Post 9/11

    The Terror Trap Laid By Warmongers In the US and Israel | by Oui – Nov. 2015 |

    Nine days after the attacks on America, Netanyahu expanded his list of foes that would be prime targets in the Zionist-devised “war on terror.”

    In a speech before the US House of Representatives’ Government Reform Committee on September 20, 2001, Netanyahu suggested that US vengeance in the face of 9/11 terrorism should be visited upon “Iran, Iraq, Syria, Taliban Afghanistan, Yasser Arafat’s Palestinian Authority, and several other Arab regimes, such as the Sudan.” Netanyahu also named “Osama bin Laden in Afghanistan, Hizbullah and others in Syrian-controlled Lebanon, Hamas, Islamic Jihad, and the recently mobilized Fatah and Tanzim factions in the Palestinian territories, and sundry other terror organizations based in such capitals as Damascus, Baghdad, and Khartoum” as legitimate targets.

    Netanyahu’s diatribe was no less than a declaration of war against the entire Arab/Muslim world with few exceptions.

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