[Salon] Let's talk about genocide - Arab Digest.org Guest Post

Let's talk about genocide Summary: while politicians and commentators have no qualms about describing the Sudan war as a genocide, the word causes unease and anxiety when applied to what the IDF is doing in Gaza. With concern growing about the extent to which a new genocide is taking place in Sudan - as the country’s devastating civil war between two generals vying for power grinds on - what does constitute genocide? The term was coined in 1944 by a Polish lawyer Raphael Lemkin. He used it in his 1944 book Axis Rule in Occupied Europe to describe both the Nazi slaughter of 6 million Jews in the Holocaust and other historical actions that were aimed at destroying particular groups of people. His subsequent efforts ensured that the term was recognised and codified in international law. The UN recognised genocide as a crime in 1946 and it was subsequently codified in the 1948 Genocide Convention. As noted by the UN Offfice on Genocide Prevention and Responsibility: The International Court of Justice (ICJ) has repeatedly stated that the Convention embodies principles that are part of general customary international law. This means that whether or not States have ratified the Genocide Convention, they are all bound as a matter of law by the principle that genocide is a crime prohibited under international law. The convention has been either ratified or acceded to by 153 states. Israel ratified in 1950, the UK acceded in 1970 and the US ratified in 1988. Here then is the UN definition as detailed in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide: 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. Nikki Hailey in Israel scribbling "FINISH THEM" on the shells that the IDF is about to fire into Rafah in defiance of the International Court of Justice As noted by the Office of Genocide Prevention: The popular understanding of what constitutes genocide tends to be broader than the content of the norm under international law. Article II of the Genocide Convention contains a narrow definition of the crime of genocide, which includes two main elements: A mental element: the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such"; and A physical element, which includes the following five acts, enumerated exhaustively: Killing members of the group Causing serious bodily or mental harm to members of the group Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part Imposing measures intended to prevent births within the group Forcibly transferring children of the group to another group The Convention is at pains to note that “there must be a proven intent on the part of perpetrators to physically destroy a national, ethnical, racial or religious group.” This intent, dolus specialis, makes the crime of genocide unique. Further clarification is as follows: Importantly, the victims of genocide are deliberately targeted - not randomly – because of their real or perceived membership of one of the four groups protected under the Convention (which excludes political groups, for example). This means that the target of destruction must be the group, as such, and not its members as individuals. Genocide can also be committed against only a part of the group, as long as that part is identifiable (including within a geographically limited area) and “substantial.” While both Sudanese generals, Burhan who heads up the Sudanese army and Hemedti who leads the Rapid Support Forces, may have already committed acts that could constitute genocide in the current war it is the latter who is receiving much of the current media attention for the actions of his soldiers in Darfur. There consistent and credible reports of the mass killings of civilians by the RSF has resulted in President Biden being pushed to pressure the UAE, Hemedti’s chief foreign backer, to desist from supplying weapons to his troops. No such concern would appear to exist for the Palestinians who, as the death toll in Gaza passes 41,000 are suffering a genocide perpetrated by the IDF. As per the above definition what Israel has done in the now nearly year-long war is to show in the mental element "intent to destroy, in whole or in part, a national, ethnical, racial or religious group” and in the physical element three of the five criteria, excluding only the forcible transfer of children to another group and the imposition of measures designed to prevent births (though it could be argued that the killing of women and newborns in the ongoing IDF offensive, the destruction of hospitals and other health facilities and the trauma caused by daily bombardments from land, air and sea on women of child bearing age achieves that objective.) Now as the war continues widening in the northern border region and the likelihood of a land invasion of southern Lebanon increases with each passing day a minister in the Netanyahu government has spoken openly about the “annihilation” of the country. Speaking on the right wing outlet Channel 14 Education Minister Yoav Kisch stated there was no difference between Hezbollah and Lebanon. The country he said “will be destroyed. Lebanon is heading toward annihilation.” When the interviewer gently interposed suggesting annihilation was perhaps an unfortunate word in the context of Hebrew terminology the minister clarified with a smile “I will correct my words. Not annihilation. Lebanon as we know will not exist. Lebanon will pay the heavy price because of Hezbollah. I correct my words. I am being precise.” Kisch’s words have proved chillingly and brutally precise as yesterday Israel launched massive air raids on Lebanon killing at least 492 and wounding more than 1600. Members can leave comments about this newsletter on the Arab Digest website