Definition
Convention on the Prevention and Punishment of the Crime of Genocide
Article II
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:
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.
How do you recognize genocide?
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 intent is the most difficult element to determine. To constitute genocide, there must be a proven intent on the part of perpetrators to physically destroy a national, ethnical, racial or religious group. Cultural destruction does not suffice, nor does an intention to simply disperse a group. It is this special intent, or dolus specialis, that makes the crime of genocide so unique. In addition, case law has associated intent with the existence of a State or organizational plan or policy, even if the definition of genocide in international law does not include that element.
There is a reason that I began this edition of Larry’s Letters with this material from the United Nations. It is their “rules”. Keep them in mind as you view what is happening in Israel, Gaza, the Middle East, and Flushing Meadows, NY — the home of the United Nations.
I began with this because on October 7, 2023 Hamas, an internationally recognized terrorist organization, launched an unprovoked attack on Israeli citizens by land, sea, and air. As we have now learned, this attack was years in the making. This attack was directed at the Israeli civilian population. This attack included as its primary goal the murder of as many Israelis as possible —- including children and infants. We now know that primary targets of the Hamas terrorists were universities, high schools, and grade schools. We have also learned that Hamas murdered entire families — including their children and infants, kidnapped others, raped and murder women of all ages, and savagely and barbarically murder babies. The Israelis have the documentation and it has been shared with the world, including the United Nations. The murder of infants is a special case of genocide IF they are murdered because of they were memebers of a “…national, ethnical, racial or religious group….”.
Hamas is the ruling party in the area recognized as Palestine. Palestine is not a nation. Hamas has a charter and this, in part, is what it says:
“The Day of Judgment will not come about until Muslims fight Jews and kill them. Then, the Jews will hide behind rocks and trees, and the rocks and trees will cry out: ‘O Moslem, there is a Jew hiding behind me, come and kill him.’”
I urge you to read this:
THE CHARTER OF THE HAMAS
THE CHARTER OF ALLAH:
THE PLATFORM OF THE ISLAMIC RESISTANCE MOVEMENT (HAMAS)
The Hamas Charter calls for “Jihad” against Zionists and all Jews are Zionists. Jihad is:
1: a holy war waged on behalf of Islam as a religious duty
2: a crusade for a principle or belief
In short, Jihad is a religious war, an act of genocide.
It is clear, according to the UN’s own definition that Hamas is committing genocide against Israel and Jews around the world. Yet the UN while condemning Hamas for their brutality, has this to offer to Israel as they defend themselves against the genocidal Hamas animals:
Stéphane Dujarric, the spokesperson for the UN secretary general, said António Guterres was “deeply concerned for the civilian population and urges maximum restraint”.
The “deeply concerned” Guterres is not urging restraint on the part of Hamas but rather Israel. In short Guterres is saying to Israel — ‘Ease up. Defend yourselves but not like this.’
What is missing from anything coming from the UN is a clear and forceful rebuke of Hamas’ genocide and infanticide. Until the UN changes this particular “stance”, genocide against Jews, an easily recognized “…national, ethnical, racial or religious group….” nothing will changes and Jews everywhere will remain fair game for Hamas and the Arab world.
How many murdered babies will it take before the world starts supporting the true victims here?
Union, Kentucky
14 October 2023
It is not unreasonable for people to support the Palestinians. But it is deplorable that they excuse this atrocity by claiming that is a reasonable action of an oppressed people. No, it is the very definition of ruthless genocide.