web analytics
July 29, 2014 / 2 Av, 5774
Israel at War: Operation Protective Edge
 
 
InDepth
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



‘Slaughter The Jews’: Israel, Anti-Semitism, And International Law (Third of Three Parts)


Beres-Louis-Rene

The Genocide Convention criminalizes not only various acts of genocide, but also (Article III) conspiracy to commit genocide and direct and public incitement to commit genocide. Articles II, III and IV of the Genocide Convention are fully applicable in all cases of direct and public incitement to commit genocide. For the Convention to be invoked, it is sufficient that any one of the state parties call for a meeting, through the United Nations, of all the state parties (Article VIII).

Though this has never been done, the United States, especially following the upcoming presidential election, should consider very seriously taking this particular step. Israel, too, should be an obvious co-participant in this call, but it is unlikely that any government in Jerusalem, historically aware of always-expanding global indifference to Jewish life, will seek formal redress under any multilateral conventions.

An alternative remedy/strategy could involve the issuance of specific criminal indictments for crimes against humanity, by Israel’s Justice Ministry, to the key Palestinian broadcasters and journalists now engaged in daily anti-Semitic harangues. In the words of Israeli attorney, Nitsana Darshan-Leitner, back in February 2004: “Those who operate Palestinian television and radio stations and the printing presses engaged in hate speech should be arrested along with the other suspected killers.”

Any public trial before an Israeli tribunal could carry very grave geopolitical risks. For one, as no Arab or Iranian authority could ever be expected to extradite alleged wrongdoers to Israel for trial, it would inevitably be up to Israeli military and police authorities to acquire physical custody over defendants. This is the case though such an expected Arab/Iranian disregard for Israeli extradition requests would represent a manifestly serious violation of peremptory international criminal law.

Even if an Israeli trial could afford opportunity for a direct evidentiary connection between Palestinian media incitement and Palestinian terrorism, much of the world would be focused instead on the extraordinary means by which Israel took custody of the inciters. After all, when Israel captured major Nazi war criminal Adolph Eichmann in 1960, more states chose to condemn the abduction than to recall the prisoner’s role as murderer of one million Jewish children.

The Genocide Convention, the London Charter, and the December 2003 International Criminal Tribunal in Rwanda are not the only authoritative codifications that could now be invoked against relentless media and leadership calls for the mass killing of Jews. The 1965 International Convention on the Elimination of All Forms of Racial Discrimination should also be brought productively into play. This treaty condemns “all propaganda and all organizations which attempt to justify or promote racial hatred and discrimination in any form,” obliging, in Article 4(a), state parties to declare as “an offense punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons.” Article 4(b) affirms that state parties “Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offense punishable by law.”

Further authority for curtailing and punishing Palestinian calls for genocidal destruction of Jews can be found in Article 20(2) of the International Covenant on Civil and Political Rights: “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”

The overriding point of the judgments at Nuremberg was to ensure that all future crimes against humanity be identified, prosecuted, and punished. Fully aware of these judgments, the International Criminal Tribunal in Rwanda ruled, in December 2003, that “mere words” can contain substantial criminal liability, and may warrant very severe punishments. Understood in terms of ongoing homicidal and genocidal Arab and Iranian calls for violence against Israel, it is essential that every state in the United Nations now be reminded of its binding obligation not to encourage another Holocaust. This is a fully legal obligation, and certainly must not be taken lightly.

Now, especially in anticipation of November’s presidential election, there may be new opportunities in Washington to finally make things right regarding Israel’s fundamental security needs. It is imperative that any such opportunities be identified, and taken quickly, while there is still time, and certainly before a Palestinian state is declared unilaterally.

About the Author: Louis René Beres, strategic and military affairs columnist for The Jewish Press, is professor of Political Science at Purdue University. Educated at Princeton (Ph.D., 1971), he lectures and publishes widely on international relations and international law and is the author of ten major books in the field. In Israel, Professor Beres was chair of Project Daniel.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

Please use the Facebook Tab below to leave your comment:

One Response to “‘Slaughter The Jews’: Israel, Anti-Semitism, And International Law (Third of Three Parts)”

  1. Do you have links for Part 1 and 2 of this informative article? I would like to post on “Lest We Forget” Thanks, Mimi

Comments are closed.

SocialTwist Tell-a-Friend

Loading Facebook Comments ...
Loading Disqus Comments ...
Current Top Story
rocket in a field near Kibbutz Mefalsim
Heaven on Earth (With Rockets)
Latest Indepth Stories
Young children 'recruited' by the Al Qaeda-inspired Islamic State of Iraq and al-Shams (ISIS) terrorist group for a Shari'a jihadist army in Iraq and Syria.

ISIS poses a great threat to the entire civilized world in general and liberal democracies in particular.

kerry clown

Kerry is preoccupied with pressuring Israel, notwithstanding the transformation of the Arab Spring .

journalism

With no shortage of leftist media that seek to distort the news, what should our Torah response be?

Jewish Home leader Naftali Bennett

Because let’s face it: Hamas obviously can’t defeat the IDF in the field, soldier against soldier

As Peres retires, Israel fights sour legacy: Insistence on setting policy in line with hopes, rather than with reality.

Our capital was not arbitrarily chosen, as capitals of some other nations were.

UNHRC High Commissioner Navi Pillay accuses the IDF of possible war crimes in Gaza again, cutting slack to Hamas.

There is much I can write you about what is going here, but I am wondering what I should not write. I will start by imagining that I am you, sitting at home in the Los Angeles area and flipping back and forth between the weather, traffic reports, the Ukraine, Mexican illegals and Gaza. No […]

Should Jews in Europe take more responsibility in self-defense of community and property?

It is time for a total military siege on Gaza; Nothing should enter the Gaza Strip.

Germany’s The Jewish Faith newspaper ominously noted, “We Jews are in for a war after the war.”

The truth is we seldom explore with kids what prayer is supposed to be about.

Almost as one, Jews around the world are acknowledging the day-to-day peril facing ordinary Jews in Israel and the extraordinary service of the IDF in protecting them.

More Articles from Louis Rene Beres
Louis Rene Beres

President Obama’s core argument on a Middle East peace process is still founded on incorrect assumptions.

Louis Rene Beres

Once upon a time in America, every adult could recite at least some Spenglerian theory of decline.

President Obama’s core argument is still founded on incorrect assumptions.

Specific strategic lessons from the Bar Kokhba rebellion.

Still facing an effectively unhindered nuclear threat from Iran, Israel will soon need to choose between two strategic options.

For states, as for individuals, fear and reality go together naturally.

So much of the struggle between Israel and the Arabs continues to concern space.

An undifferentiated or across-the-board commitment to nuclear ambiguity could prove harmful to Israel’s’s overall security.

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/indepth/columns/louis-bene-beres/slaughter-the-jews-israel-anti-semitism-and-international-law-third-of-three-parts/2012/06/27/

Scan this QR code to visit this page online: