web analytics
July 7, 2015 / 20 Tammuz, 5775
At a Glance
InDepth
Sponsored Post


‘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 (Ph.D., Princeton, 1971) is professor of political science and international law at Purdue University and the author of many books and articles dealing with international relations and strategic studies.


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.

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.

Current Top Story
George Soros: No friend of Israel
Hillary: George Soros is NO Friend of Israel
Latest Indepth Stories
George Soros: No friend of Israel

George Soros: “European anti-Semitism is the result of the policies of Israel and the United States”

President Obama

Sources say seemingly irreconcilable differences between the 2 main parties, Washington and Tehran.

Seder at the White House. The one without the kippa is President Obama.

Instead of accepting reality, the President is trying to hold on to an illusion.

peace in our time iran

Those who suggest further capitulation to Iran are wrongly harming the interests of the West.

Few Arab Israelis found anything positive in the decision of its MKS to join any Gaza flotilla.

US Jews prefer to be like their non-Jewish liberal friends complaining about “settlements” and Bibi

New Israel Fund & its supporters must be countered; Israel’s in the midst of an unprecedented storm

PM Netanyahu this week identified ISIS and Iran as Israel’s primary threat. It is a planetary threat that carries the promise of peace.

Haym Solomon, overlooked hero of the Revolutionary War, was America’s “Funding Father.”

Latvia, July 4, 1941 they forced many Jews in the shul putting it on fire; everyone was burned alive

There’s blood on the reporters’ hands AND New Israel Fund for funding groups feeding lies to the UN

Respect & appreciation for our country is not only a civic value but an essential Jewish one as well

When words lose meaning, the world becomes an Orwellian dystopia; a veritable Tower of Babel

Israel, like the non-radical Islamic world. will be happy see the ISIS beheaded for once.

Kids shouldn’t have “uninstructed” Internet access, better to train them how to use it responsibly

What if years from now, IS were to control substantial territory? What world havoc would that wreak?

More Articles from Louis Rene Beres

A “Palestine” could become another Lebanon, with many different factions battling for control.

Louis Rene Beres

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

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.

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: