Below is a 3 minute video montage that shows some of what various experts (lawyers, scholars, UN officials I discuss below ) now consider to be very good evidence of genocidal intent-- which is usually the hardest part of genocide to establish. Following that is an op ed piece the NYT published on 11/10 by the renowned Israeli-American professor of Holocaust and Genocide Studies at Brown University, Omer Bartov. The video montage gives a 3 minute slice of some of the evidence Bartov cites in the article reprinted below
Bartov's views are of great value, I think, because he has both deep personal and academic knowledge of all the issues in play here. He served in the IDF, worked in an occupied territory, is sympathetic to Israel yet highly critical of its policies in recent decades, and was affected by loss personally on October 7 (as he explains in an extended interview with Amy Goodman elsewhere). Educated in Tel Aviv and then Oxford, he later moved to the US and is considered one of the leading historians of the Holocaust. His 2018 book Anatomy of a Genocide won the National Jewish Book Award that year. He discusses the concepts of genocide, genocidal intent (required to prove it), ethnic cleansing and war crimes (e.g. disproportionate attacks on civilians, forced evacuations, attacks on functioning hospitals and others as outlined in the Geneva Convention of 1948 and The Rome Statute).
Accusations of war crimes and genocide are now being made in lawsuits against Israel brought before the ICC which will be evaluated by its lead prosecutor, Karim Khan. He, in turn, wrote an article in The Guardian warning Israel that:
"They will need to demonstrate that any attack that harms innocent civilians or protected objects is conducted in accordance with the laws and customs of armed conflict. They will need to demonstrate the proper application of the principles of distinction, precaution and proportionality.
For those responsible for targeting and firing missiles, I wish to be clear on three points in particular. One: in relation to every dwelling house, in relation to any school, any hospital, any church, any mosque – those places are protected, unless the protective status has been lost because they are being used for military purposes. Two: if there is a doubt that a civilian object has lost its protective status, the attacker must assume that it is protected. Three: the burden of demonstrating that this protective status is lost rests with those who fire the gun, the missile, or the rocket in question."
In a dramatic statement made this week by the UN High Commissioner of Human Rights, Volker Turk accused Israel of several war crimes after visiting the Rafah Gate. Among other things, the UN chief said:
"The collective punishment by Israel of Palestinian civilians amounts also to a war crime, as does the unlawful forcible evacuation of civilians. The massive bombardments by Israel have killed, maimed and injured in particular women and children. The latest death toll from the Gaza Ministry of Health is in excess of 10,500 people, including over 4,300 children and 2,800 women. All of this has an unbearable toll on civilians....We have fallen off a precipice. This cannot continue."
A week earlier, on October 28, the Director of the New York Department of the UN Office of Human Rights wrote his boss Volker Turk, in Geneva, a letter of resignation in which he stated:
"This will be my last communication to you... We are seeing a genocide unfolding before our eyes, and the Organisation that we serve appears powerless to stop it."
On 11/9/23, three Rights groups filed am International Criminal Court lawsuit against Israel with accusations of genocide and various war crimes. The PM of Belgium cut ties with Israel this week. President Macron of France pressured Israel to stop the bombing and implement a ceasefire yesterday, to which Netanyahu replied:
"While Israel is doing everything to refrain from harming civilians and calling on them to leave areas of fighting, Hamas-Isis is doing everything to prevent them from leaving for safe areas and is using them as human shields." (Guardian live updates 11/10/23)
He continued by saying that Hamas and not Israel is responsible for the civilian deaths-- a non-starter both legally and morally in which Israel literally denies its own agency in pulling the triggers. The "Hamas uses human shields" defense is not a blank check. As the top UN and ICC officials have stated, the burden will be on Israel to show that each and every school, hospital, mosque, residential building was being used by the enemy to launch attacks-- and that's a LOT of buildings, as the UNDP reports that 50% of Gaza's residential buildings have now been destroyed. Further, the loss of life incurred in such attacks must not be indiscriminate or disproportionate. It is doubtful that anything close to all these bombardments are precision strikes based on actionable intel on enemy positions in buildings, hospitals et al. Right from the start, Adm. Daniel Hagari, head of the IDF Spokesperson's Unit, said that "the emphasis is on damage and not on accuracy."
Blinken and Biden have begun to change their tune from "no red lines" for Israel to stipulating "red lines" which include "humanitarian pauses," "fewer civilian deaths," and the "ruling out of reoccupation of Gaza"-- though Netanyahu's latest word on that is his plan for "indefinite occupation" of Gaza until things can be "stabilized."
With all of this in mind, here is the video montage of official statements taken by many to be evidence of genocidal intent, followed by historian, Omer Bartov's op ed.
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What I Believe as a Historian of Genocide
Israeli military operations have created an untenable humanitarian crisis, which will only worsen over time. But are Israel’s actions — as the nation’s opponents argue — verging on ethnic cleansing or, most explosively, genocide?
As a historian of genocide, I believe that there is no proof that genocide is currently taking place in Gaza, although it is very likely that war crimes, and even crimes against humanity, are happening. That means two important things: First, we need to define what it is that we are seeing, and second, we have the chance to stop the situation before it gets worse. We know from history that it is crucial to warn of the potential for genocide before it occurs, rather than belatedly condemn it after it has taken place. I think we still have that time.
It is clear that the daily violence being unleashed on Gaza is both unbearable and untenable. Since the Oct. 7 massacre by Hamas — itself a war crime and a crime against humanity — Israel’s military air and ground assault on Gaza has killed more than 10,500 Palestinians, according to the Gaza Health Ministry, a number that includes thousands of children. That’s well over five times as many people as the more than 1,400 people in Israel murdered by Hamas. In justifying the assault, Israeli leaders and generals have made terrifying pronouncements that indicate a genocidal intent.
Still, the collective horror of what we are watching does not mean that a genocide, according to the international legal definition of the term, is already underway. Because genocide, sometimes called “the crime of all crimes,” is perceived by many to be the most extreme of all crimes, there is often an impulse to describe any instance of mass murder and massacre as genocide. But this urge to label all atrocious events as genocide tends to obfuscate reality rather than explain it.
International humanitarian law identifies several grave crimes in armed conflict. War crimes are defined in the 1949 Geneva Conventions and subsequent protocols as serious violations of the laws and customs of war in international armed conflict against both combatants and civilians. The Rome Statute, which established the International Criminal Court, defines crimes against humanity as extermination of, or other mass crimes against, any civilian population. The crime of genocide was defined in 1948 by the United Nations as “the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.”
So in order to prove that genocide is taking place, we need to show both that there is the intent to destroy and that destructive action is taking place against a particular group. Genocide as a legal concept differs from ethnic cleansing in that the latter, which has not been recognized as its own crime under international law, aims to remove a population from a territory, often violently, whereas genocide aims at destroying that population wherever it is. In reality, any of these situations — and especially ethnic cleansing — may escalate into genocide, as happened in the Holocaust, which began with an intention to remove the Jews from German-controlled territories and transformed into the intention of their physical extermination.
My greatest concern watching the Israel-Gaza war unfold is that there is genocidal intent, which can easily tip into genocidal action. On Oct. 7, Prime Minister Benjamin Netanyahu said that Gazans would pay a “huge price” for the actions of Hamas and that the Israel Defense Forces, or I.D.F., would turn parts of Gaza’s densely populated urban centers “into rubble.” On Oct. 28, he added, citing Deuteronomy, “You must remember what Amalek did to you.” As many Israelis know, in revenge for the attack by Amalek, the Bible calls to “kill alike men and women, infants and sucklings.”
The deeply alarming language does not end there. On Oct. 9, Israel’s defense minister, Yoav Gallant, said, “We are fighting human animals and we are acting accordingly,” a statement indicating dehumanization, which has genocidal echoes. The next day, the head of the Israeli Army’s coordinator of government activities in the territories, Maj. Gen. Ghassan Alian, addressed the population of Gaza in Arabic: “Human animals must be treated as such,” he said, adding: “There will be no electricity and no water. There will only be destruction. You wanted hell, you will get hell.”
The same day, retired Maj. Gen. Giora Eiland wrote in the daily newspaper Yedioth Ahronoth, “The State of Israel has no choice but to turn Gaza into a place that is temporarily or permanently impossible to live in.” He added, “Creating a severe humanitarian crisis in Gaza is a necessary means to achieving the goal.” In another article, he wrote that “Gaza will become a place where no human being can exist.” Apparently, no army representative or politician denounced this statement.
I could quote many more.
Taken together, these statements could easily be construed as indicating a genocidal intent. But is genocide actually occurring? Israeli military commanders insist that they are trying to limit civilian casualties, and they attribute the large numbers of dead and wounded Palestinians to Hamas tactics of using civilians as human shields and placing their command centers under humanitarian structures like hospitals.
But on Oct. 13, the Israeli Ministry of Intelligence reportedly issued a proposal to move the entire population of the Gaza Strip to the Egyptian-ruled Sinai Peninsula (Mr. Netanyahu’s office said it was a “concept paper”). Extreme right-wing elements in the government — also represented in the I.D.F. — celebrate the war as an opportunity to be rid of Palestinians altogether. This month, a videotape emerged on social media of Capt. Amichai Friedman, a rabbi in the Nahal Brigade, saying to a group of soldiers that it was now clear that “this land is ours, the whole land, including Gaza, including Lebanon.” The troops cheered enthusiastically; the military said that his conduct “does not align” with its values and directives.
And so, while we cannot say that the military is explicitly targeting Palestinian civilians, functionally and rhetorically we may be watching an ethnic cleansing operation that could quickly devolve into genocide, as has happened more than once in the past.
None of this happened in a vacuum. Over the past several months I have agonized greatly over the unfolding of events in Israel. On Aug. 4, several colleagues and I circulated a petition warning that the attempted judicial coup by the Netanyahu government was intended to perpetuate the Israeli occupation of Palestinian land. It was signed by close to 2,500 scholars, clergy members and public figures who were disgusted with the racist rhetoric of members of the government, its anti-democratic efforts and the growing violence by settlers, seemingly supported by the I.D.F., against Palestinians in the occupied West Bank.
What we had warned about — that it would be impossible to ignore the occupation and oppression of millions for 56 years, and the siege of Gaza for 16 years, without consequences — exploded in our faces on Oct. 7. Following Hamas’s massacre of innocent Jewish civilians, our same group issued a second petition denouncing the crimes committed by Hamas and calling upon the Israeli government to desist from perpetrating mass violence and killings upon innocent Palestinian civilians in Gaza in response to the crisis. We wrote that the only way to put an end to these cycles of violence is to seek a political compromise with the Palestinians and end the occupation.
It is time for leaders and senior scholars of institutions dedicated to researching and commemorating the Holocaust to publicly warn against the rage- and vengeance-filled rhetoric that dehumanizes the population of Gaza and calls for its extinction. It is time to speak out against the escalating violence on the West Bank, perpetrated by Israeli settlers and I.D.F. troops, which now appears to also be sliding toward ethnic cleansing under the cover of war in Gaza; several Palestinian villages have reportedly self-evacuated under threats from settlers.
I urge such venerable institutions as the United States Holocaust Memorial Museum in Washington, D.C., and Yad Vashem in Jerusalem to step in now and stand at the forefront of those warning against war crimes, crimes against humanity, ethnic cleansing and the crime of all crimes, genocide.
If we truly believe that the Holocaust taught us a lesson about the need — or really, the duty — to preserve our own humanity and dignity by protecting those of others, this is the time to stand up and raise our voices, before Israel’s leadership plunges it and its neighbors into the abyss.
There is still time to stop Israel from letting its actions become a genocide. We cannot wait a moment longer.
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