Guatemala’s constitutional court has overturned a genocide conviction against former dictator José Efraín Ríos Montt, throwing out all proceedings against him since a dispute broke out in April over who should hear it.
Ríos Montt was found guilty on 10 May of overseeing the deliberate killings by the armed forces of at least 1,771 members of the Maya Ixil population during his 1982-83 rule. He was sentenced to 80 years in prison.
But the constitutional court said it had thrown out all proceedings in the case that took place after 19 April. It was then that the trial against Ríos Montt was suspended after a spat between judges over who should take the case.

Sebastian Elgueta, Amnesty International’s researcher on Guatemala outlines the serious and far-reaching problems raised by the constitutional court’s ruling:

“The legal basis for the ruling is unclear, and it is uncertain how the trial court can hit the reset button to get back to a point in mid-April. What is clear is that the Constitutional Court has just thrown up formidable obstacles to justice and accountability for a harrowing period in Guatemala’s recent history.   “With the sentence on 10 May, the trial court had sent a strong signal that crimes against thousands of Mayan victims would not be tolerated. The Constitutional Court has now questioned that message, putting the right to truth, justice and reparation at risk in Guatemala.”

Guatemala’s constitutional court has overturned a genocide conviction against former dictator José Efraín Ríos Montt, throwing out all proceedings against him since a dispute broke out in April over who should hear it.

Ríos Montt was found guilty on 10 May of overseeing the deliberate killings by the armed forces of at least 1,771 members of the Maya Ixil population during his 1982-83 rule. He was sentenced to 80 years in prison.

But the constitutional court said it had thrown out all proceedings in the case that took place after 19 April. It was then that the trial against Ríos Montt was suspended after a spat between judges over who should take the case.

Sebastian Elgueta, Amnesty International’s researcher on Guatemala outlines the serious and far-reaching problems raised by the constitutional court’s ruling:

“The legal basis for the ruling is unclear, and it is uncertain how the trial court can hit the reset button to get back to a point in mid-April. What is clear is that the Constitutional Court has just thrown up formidable obstacles to justice and accountability for a harrowing period in Guatemala’s recent history.   

“With the sentence on 10 May, the trial court had sent a strong signal that crimes against thousands of Mayan victims would not be tolerated. The Constitutional Court has now questioned that message, putting the right to truth, justice and reparation at risk in Guatemala.”

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So … this happened over the weekend. And the backlash, not surprisingly, was intense.
Now I’m no fan of Justin Bieber, and I suspect that all the people who were horrified by what he wrote also are not, but I don’t see the need to be so outraged.
Anne Frank was a normal girl and she might very well have liked Justin Bieber if she was living now rather than in the 1930s. Lots of normal girls do. And Justin Bieber is a normal celebrity; he wants lots of people to like him. I’m not a celebrity in the least and I want lots of people to like me. I’d go so far as to say that I hope Anne Frank would have wanted to take some of my classes. We could even spin this around and say that Bieber was so impressed by what he learned about Anne Frank that he hoped she would like his music because he certainly liked what he now knew about her.
To go one step farther, I think it’s a great good that Bieber went to the Anne Frank House. He didn’t need to spend time there while he was on his tour and, I’d venture to guess, lots of celebrities don’t visit. If you’re young, rich, famous, and touring the world, there’s really nothing driving you to spend part of your day at the Anne Frank House. Having been there myself, I think it’s a place that as many people as possible should visit; it’s far more accessible than a concentration camp and I think it likely does a good deal more to bring home the extremity of the Holocaust by focusing on an individual than would, say, spending an afternoon at Buchenwald. And now a whole lot more people — all those “beliebers” out there — are learning about Anne Frank as well.
So, I’ll write something I never, ever thought I’d write:
Good job, Justin Bieber.

So … this happened over the weekend. And the backlash, not surprisingly, was intense.

Now I’m no fan of Justin Bieber, and I suspect that all the people who were horrified by what he wrote also are not, but I don’t see the need to be so outraged.

Anne Frank was a normal girl and she might very well have liked Justin Bieber if she was living now rather than in the 1930s. Lots of normal girls do. And Justin Bieber is a normal celebrity; he wants lots of people to like him. I’m not a celebrity in the least and I want lots of people to like me. I’d go so far as to say that I hope Anne Frank would have wanted to take some of my classes. We could even spin this around and say that Bieber was so impressed by what he learned about Anne Frank that he hoped she would like his music because he certainly liked what he now knew about her.

To go one step farther, I think it’s a great good that Bieber went to the Anne Frank House. He didn’t need to spend time there while he was on his tour and, I’d venture to guess, lots of celebrities don’t visit. If you’re young, rich, famous, and touring the world, there’s really nothing driving you to spend part of your day at the Anne Frank House. Having been there myself, I think it’s a place that as many people as possible should visit; it’s far more accessible than a concentration camp and I think it likely does a good deal more to bring home the extremity of the Holocaust by focusing on an individual than would, say, spending an afternoon at Buchenwald. And now a whole lot more people — all those “beliebers” out there — are learning about Anne Frank as well.

So, I’ll write something I never, ever thought I’d write:

Good job, Justin Bieber.

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Teaching Sophistry

I’ve been encouraged to say a bit more about yesterday’s blog post concerning the Albany teacher whose students were required to write a persuasive argumentative essay from the perspective of someone living in the Third Reich about why Jews are evil and are responsible for the problems faced by Germany in the 1930s.

On the face of it, the assignment seemed so obviously problematic to me that I didn’t spend a great deal of time outlining the problem. This led a few people to comment that there’s something very valuable about being forced to think about an abhorrent position. Some claimed the value was that it made us more tolerant of unpopular opinions; some claimed it encouraged free thinking rather than repetition.

All of this would be true, I think, when we’re talking about making an argument that defends an unpopular or controversial position. I ask my students to write papers about Marx’s critique of Locke on property or Burke’s critique of the concept of universal natural rights. I think there’s real value in thinking critically about radical challenges to liberalism, especially insofar as finding ways to respond to or even integrate some of those challenging ideas can strengthen or improve the way that we think about our society and its goals.

I think there’s no value, however, in thinking critically about or defending a lie. And that’s the crux of this high school English assignment, which is — again — to write a persuasive argument about why Jews are evil and are responsible for a country’s problems. Those aren’t unpopular opinions; they’re just lies. And to teach young people that there are ways to persuasively defend lies is simple sophistry. It’s not an exercise in toleration or liberal education or anything else; it’s just a bad assignment that tried to be edgy or interesting and failed because it wasn’t thought out very carefully. The example was bad, certainly, but so was the pedagogy behind it, namely the whole notion that using propaganda tactics is a good way to teach persuasive writing.

To go one step farther, let me also add that these particular lies are incredibly pernicious ones; they are lies that led to genocide. And they are the sorts of lies that persist. In other words, you don’t have to travel very far to encounter people who hold this position (about Jews) or others like it (about other minority groups). It’s one thing to say we ought to allow people to believe and to even say all manner of things that we find unpleasant or wrong-headed; it’s quite another to say we ought to allow intolerance, hatred, and lies to be taught to our children in our schools. There’s no reason for us to tolerate that; it doesn’t make us better liberals to laud these sorts of mistaken exercises in the name of open-mindedness or free thinking.

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Students in some Albany High School English classes were asked this week as part of a persuasive writing assignment to make an abhorrent argument: “You must argue that Jews are evil, and use solid rationale from government propaganda to convince me of your loyalty to the Third Reich!”
Students were asked to watch and read Nazi propaganda, then pretend their teacher was a Nazi government official who needed to be convinced of their loyalty. In five paragraphs, they were required to prove that Jews were the source of Germany’s problems.
The exercise was intended to challenge students to formulate a persuasive argument and was given to three classes, Albany Superintendent Marguerite Vanden Wyngaard said. She said the assignment should have been worded differently.
“I would apologize to our families,” she said. “I don’t believe there was malice or intent to cause any insensitivities to our families of Jewish faith.”
One-third of the students refused to complete the assignment, she said.


There’s so much to say about this:
First, there’s the assignment. Isn’t it possible to teach students how to make a persuasive argument without using such a ridiculously awful example? And if you can’t think of a way to do this, aren’t you just a terrible teacher or an anti-Semite?
Second, there’s the apology. “The assigment shoud have been worded differently.” You think so? Like, it shouldn’t have used any of the words it used.
Third, there’s the heroism. 1/3 of the students who received the assignment refused to complete it. I wish the number was 2/3, but given the riskiness of simply refusing to do an assignment in high school, I’m surprised the number was even this high. They should hold an assembly that celebrates the choice made by these students.
HT: Michael Tofias, via April Murphy.

Students in some Albany High School English classes were asked this week as part of a persuasive writing assignment to make an abhorrent argument: “You must argue that Jews are evil, and use solid rationale from government propaganda to convince me of your loyalty to the Third Reich!”

Students were asked to watch and read Nazi propaganda, then pretend their teacher was a Nazi government official who needed to be convinced of their loyalty. In five paragraphs, they were required to prove that Jews were the source of Germany’s problems.

The exercise was intended to challenge students to formulate a persuasive argument and was given to three classes, Albany Superintendent Marguerite Vanden Wyngaard said. She said the assignment should have been worded differently.

“I would apologize to our families,” she said. “I don’t believe there was malice or intent to cause any insensitivities to our families of Jewish faith.”

One-third of the students refused to complete the assignment, she said.

There’s so much to say about this:

First, there’s the assignment. Isn’t it possible to teach students how to make a persuasive argument without using such a ridiculously awful example? And if you can’t think of a way to do this, aren’t you just a terrible teacher or an anti-Semite?

Second, there’s the apology. “The assigment shoud have been worded differently.” You think so? Like, it shouldn’t have used any of the words it used.

Third, there’s the heroism. 1/3 of the students who received the assignment refused to complete it. I wish the number was 2/3, but given the riskiness of simply refusing to do an assignment in high school, I’m surprised the number was even this high. They should hold an assembly that celebrates the choice made by these students.

HT: Michael Tofias, via April Murphy.

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Remembering the Six Million

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Today is Yom Hashoah, Holocaust Remembrance Day.

As we remember the six million Jews murdered by the Nazis, let us also recommit ourselves to fighting intolerance, injustice, and human rights abuses around the world.

If you’re looking for something else to read to mark the day, here is my piece on visiting the Buchenwald concentration camp. And here are two short pieces about my grandfather, who survived.

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Forty two percent of Austrians think “not everything was bad under Hitler,” while 57% think “there was nothing positive about the Hitler era,” according to a poll conducted by newspaper Der Standard that was published on Friday.
The poll was conducted among 502 eligible voters in Austria and published ahead of the 75th anniversary of the country’s annexation by Nazi Germany.
[…]
54% answered that neo-Nazi groups would be successful in the Austrian elections, if there was no law banning them.

I’m going to go out on a limb and guess that the vast majority of the 42% of Austrian respondents who think “not everything was bad under Hitler” weren’t alive when the Nazis annexed Austria.
I’m also going to take a guess that they haven’t spent much time speaking with Holocaust survivors since a) there aren’t many of them in Austria and b) there just aren’t many of them still alive today.
In fact, I’d say this is one of the most serious consequences that we will have to face in the coming years: As the “survivor generation” disappears, with it goes the irreplaceable first-hand personal narratives that speak directly to the depths of Nazi depravity. After that, all we have is history. And, as polls like this really highlight, history simply doesn’t adequately convey the horror of the Second World War and the Holocaust. If it did, 100% of Austrians would run screaming from questions like these.
In the meantime, however, any Austrians who want to hear more about how bad things were under Hitler can still contact me to arrange a chat with my grandparents.

Forty two percent of Austrians think “not everything was bad under Hitler,” while 57% think “there was nothing positive about the Hitler era,” according to a poll conducted by newspaper Der Standard that was published on Friday.

The poll was conducted among 502 eligible voters in Austria and published ahead of the 75th anniversary of the country’s annexation by Nazi Germany.

[…]

54% answered that neo-Nazi groups would be successful in the Austrian elections, if there was no law banning them.

I’m going to go out on a limb and guess that the vast majority of the 42% of Austrian respondents who think “not everything was bad under Hitler” weren’t alive when the Nazis annexed Austria.

I’m also going to take a guess that they haven’t spent much time speaking with Holocaust survivors since a) there aren’t many of them in Austria and b) there just aren’t many of them still alive today.

In fact, I’d say this is one of the most serious consequences that we will have to face in the coming years: As the “survivor generation” disappears, with it goes the irreplaceable first-hand personal narratives that speak directly to the depths of Nazi depravity. After that, all we have is history. And, as polls like this really highlight, history simply doesn’t adequately convey the horror of the Second World War and the Holocaust. If it did, 100% of Austrians would run screaming from questions like these.

In the meantime, however, any Austrians who want to hear more about how bad things were under Hitler can still contact me to arrange a chat with my grandparents.

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Yesterday, with the help of Ken Walzer (a former college professor of mine), my family got ahold of several historical documents we’d never seen before.

They provide a record, albeit incomplete, of my grandfather’s internment in several Nazi concentration camps in the mid-1940s.

While we’ve always known about this part of our history, we didn’t really have much in the way of documentation. When I first mentioned that my grandfather was a Holocaust survivor on this blog, in a post about a visit I took to Buchenwald, people asked for more information. But all I knew were the few things my grandfather recalled about his brief time at Buchenwald. As I wrote to Walzer:

He said that he was only at Buchenwald for about a week, shortly after his 20th birthday, in late February 1945. He was born on February 3, 1925.

He was marched to Buchenwald by the SS and he was marched from Buchenwald about a week later. The prisoners there were building barracks into the hillside, he remembers, and when they would go out to work they would be in danger of being shot by Allied troops.

So, what have we learned?

First, we learned why it was difficult to find documentation on my grandfather. He was born in Vişeu de Sus, in Transylvania (now Romania). But he’s listed here as coming from Felsővisó, which is the Hungarian place name. We never checked under the Hungarian name, even though the territory was disputed for quite a long time and changed hands during my grandfather’s early life.

What’s more, his name is Zalman Kohen but he’s listed here as Zoltan Kahan. When we first started looking for documentation, we learned that there were no Z. Kohens or Z. Cohens on transport lists for Buchenwald in February 1945. But when I was visiting my grandparents two weeks ago, my grandmother mentioned that his family weren’t Kohens back in Europe; they were Kahans or Cahans. I mentioned this to Walzer, who wrote to a friend at the U.S. Holocaust Memorial Museum, and we had these documents in 24 hours. Zalman or Zelman would be my grandfather’s Yiddish name; Zoltan would have been his Hungarian name. Sure enough, he is listed here as Hungarian Jewish Prisoner #137429 at Buchenwald in February 1945.

In addition, though we still don’t have transport information into Buchenwald, we now have transport information out. From Buchenwald, he was sent to SIII (Sonderbauvorhaben III or Ohrdruf) on March 14. It is likely to have been there that he saw prisoners building barracks, which might have been the never-completed Jonastal project. From there, he was sent to Flossenbürg on March 26.

Finally, with this information, it might be possible to more fully trace my grandfather’s journey through the Nazi camp system and to assign dates to his memories of that time. It opens up a whole new source of information for us and, for a family with so little information about so many relatives who were murdered, every scrap and every minute detail means a great deal.

I’ve written about the theory of restorative justice quite a lot, but I’m now able to more fully experience some of what I wrote and knew, intellectually, to be right: In the aftermath of a terrible tragedy, victims’ families are often left without any information about what happened and so creating an agreed upon historical record is an important part of achieving some measure of healing.

I haven’t been able to stop looking at these documents that showed up unannounced in my Inbox yesterday because they represent a key part of the history of my family, missing pieces of a puzzle I never really knew I needed to complete.

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The UN General Assembly designated January 27—the anniversary of the liberation of Auschwitz-Birkenau—as International Holocaust Remembrance Day. On this annual day of commemoration, every member state of the UN has an obligation to honor the victims of the Nazi era and to develop educational programs to help prevent future genocides. This year’s theme is Rescue during the Holocaust: The Courage to Care.

Coincidentally, my friend Scott Allison has an excellent profile of Chiune Sugihara up on his blog this week; it’s well worth reading in its entirety, but here’s the section that’s particularly relevant today:

In 1939 Chiune was then sent to the Japanese Consulate in Lithuania. On September 1st of that year Nazi Germany invaded Poland and the persecution of Jews began almost immediately. By 1940 Jewish refugees from Poland and from within Lithuania itself began to seek ways to flee the country. This required visas and many countries were refusing to issue them. Japan itself had stringent requirements that the refugees did not meet. Chiune inquired to his superiors three times requesting instructions, but in all cases requests to issue the visas were declined.
It might have been easier to simply walk away and do nothing but instead, in July of 1940, against orders, Sugihara started issuing visas and even directly negotiated with officials of the Soviet Union to allow the refugees to pass through Russia on their way to Japan. He continued to write visas, reportedly spending 18-20 hours a day until September 4th when the Consulate was closed. During the night prior to the closing, Chiune and his wife Yukiko spent the entire night writing visas, and Chiune was reportedly even preparing them en route to the train station where he threw them out the window of the train to waiting refugees as it left the station. In a final act of desperation he resorted to throwing blank pages with the Consulate seal and his signature, which could be filled out later.
The exact number of Jews saved by Chiune Sugihara is not known but estimates put the number around 6,000.



It’s important to spend time thinking about people like Sugihara, who defied specific orders in order to assist those in need, and so it’s a very good thing that this year’s International Holocaust Remembrance Day is dedicated to them. Reflecting on the actions of those who acted on behalf of others, unlike most people around them, should encourage us to do the same in our daily lives, even if only in some small way.

The UN General Assembly designated January 27—the anniversary of the liberation of Auschwitz-Birkenau—as International Holocaust Remembrance Day. On this annual day of commemoration, every member state of the UN has an obligation to honor the victims of the Nazi era and to develop educational programs to help prevent future genocides. This year’s theme is Rescue during the Holocaust: The Courage to Care.

Coincidentally, my friend Scott Allison has an excellent profile of Chiune Sugihara up on his blog this week; it’s well worth reading in its entirety, but here’s the section that’s particularly relevant today:

In 1939 Chiune was then sent to the Japanese Consulate in Lithuania. On September 1st of that year Nazi Germany invaded Poland and the persecution of Jews began almost immediately. By 1940 Jewish refugees from Poland and from within Lithuania itself began to seek ways to flee the country. This required visas and many countries were refusing to issue them. Japan itself had stringent requirements that the refugees did not meet. Chiune inquired to his superiors three times requesting instructions, but in all cases requests to issue the visas were declined.

It might have been easier to simply walk away and do nothing but instead, in July of 1940, against orders, Sugihara started issuing visas and even directly negotiated with officials of the Soviet Union to allow the refugees to pass through Russia on their way to Japan. He continued to write visas, reportedly spending 18-20 hours a day until September 4th when the Consulate was closed. During the night prior to the closing, Chiune and his wife Yukiko spent the entire night writing visas, and Chiune was reportedly even preparing them en route to the train station where he threw them out the window of the train to waiting refugees as it left the station. In a final act of desperation he resorted to throwing blank pages with the Consulate seal and his signature, which could be filled out later.

The exact number of Jews saved by Chiune Sugihara is not known but estimates put the number around 6,000.

image

It’s important to spend time thinking about people like Sugihara, who defied specific orders in order to assist those in need, and so it’s a very good thing that this year’s International Holocaust Remembrance Day is dedicated to them. Reflecting on the actions of those who acted on behalf of others, unlike most people around them, should encourage us to do the same in our daily lives, even if only in some small way.

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The Top 5 Posts of 2012

As I did yesterday, I’m once again linking to the top blog posts of the year. These are the posts that drew the most unique eyeballs; the list doesn’t include the About page, where several thousand people each year go to find out whose writing they’re reading, the Ask page, where people write in with questions or to say kind and unkind things to me, or the front page, which is always the top draw since it’s the way that people access the site directly (rather than via some referring site). This year, Page 2 also drew enough viewers to crack the Top 10 but I haven’t included it below (as its content is always changing).

Perhaps you missed some of these posts. Or maybe you just want to have another look since it’s been a little while. Feel free, of course, to share them with friends and loved ones because each click tells me that you’d like for me to keep writing these sorts of things.

Here, then, are the Top 5 most viewed posts of 2012:

#5. I take Gov. Scott Walker to task for opposing everything the federal government does … except the disaster relief he needs (7/20/12)

#4. “The Problem of Online Anonymity,” a reflection on the unmasking of Reddit troll Violentacrez (10/14/12)

#3. A personal reflection on visiting the Buchenwald concentration camp (1/25/12)

#2. My thoughts on the Texts from Drone meme, which I found offensive and brimming with hypocrisy from the peace-loving libertarian Tumblr crowd (4/16/12)

#1. Mitt Romney’s new strategy — in the aftermath of his 47% comments — of just saying whatever people want to hear in order to improve his chances (10/5/12)

It’s been a fun and fascinating year of writing for me, full of arguments and thoughtful exchanges of ideas. I plan to have a brief reflection tomorrow that looks back at some of the things I learned from blogging this year and looks forward to 2013.

Thanks for reading, for engaging with my ideas, for sharing my blog posts with your friends, and for asking for my thoughts on issues or events as they’ve come up.

Happy New Year!

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Reply All

I’ve gotten myself on a list of academics who might want to sign formal letters to various American officials about the Nuba Mountains crisis. And I might want to sign such a letter. This is the third or fourth time that the author of the letter has contacted everyone on the list, to discuss previous drafts of letters and to ask for support with other related letters.

But why is all of this sent around to 100+ people without the use of Blind Carbon Copy? There’s no chance that all of these people agreed to share their email addresses with one another … because I know I certainly wasn’t asked.

Meanwhile, I’ve gotten ten “Yes, I agree” responses in fifteen minutes. If previous experience is any guide, I’ll likely get another twenty to thirty messages today.

What would make someone think it’s appropriate to Reply All a “Yes, I agree” message to an email sent to 100+ people?! Good grief.

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I saw this foolishness on Facebook the other day and had to post it here.
First of all, it’s in remarkably bad taste.
Secondly, it’s patently ridiculous to compare the situation of Israeli citizens facing Hamas rocket attacks and defended by th military might of the IDF with the Warsaw Ghetto fighters, who were outmatched in every sense and literally facing extermination.
Third, I think it’s pretty strange to claim that the New York Times has taken an accusatory tone with regard to Israel in the most recent iteration of the Gaza conflict. I suspect that supporters of the Palestinians would be very quick to disagree about the nature of the media coverage in the United States.
Finally, I would think supporters of Israel wouldn’t be so cavalier about making comparisons to the Warsaw Ghetto uprising when Israel has quite literally been launching an overwhelming display of military prowess against a ghettoized people. I’d have a hard time imagining better propaganda for Hamas than something like this, with just a few of the words changed.

I saw this foolishness on Facebook the other day and had to post it here.

First of all, it’s in remarkably bad taste.

Secondly, it’s patently ridiculous to compare the situation of Israeli citizens facing Hamas rocket attacks and defended by th military might of the IDF with the Warsaw Ghetto fighters, who were outmatched in every sense and literally facing extermination.

Third, I think it’s pretty strange to claim that the New York Times has taken an accusatory tone with regard to Israel in the most recent iteration of the Gaza conflict. I suspect that supporters of the Palestinians would be very quick to disagree about the nature of the media coverage in the United States.

Finally, I would think supporters of Israel wouldn’t be so cavalier about making comparisons to the Warsaw Ghetto uprising when Israel has quite literally been launching an overwhelming display of military prowess against a ghettoized people. I’d have a hard time imagining better propaganda for Hamas than something like this, with just a few of the words changed.

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Words Continue To Matter

My friend Jonathan Cunningham has spent a lot of time over the past few days writing about Israel and Gaza in a state of understandable rage. He reblogged a couple of my posts, furious that I refused to comdemn only Israel for what he termed a genocide against Palestinians.

We’ve gone back and forth on this issue on Twitter, but I wanted to take a few minutes to write a bit about the problem that Cunningham faces, as well as to provide my reasons for refusing to go nuclear on the topic of Israel.

First, I should begin by noting that I don’t think Hamas rockets and Israeli airstrikes should be thought of as being similar in any way. I condemn both of them, but they aren’t comparable. I’m tired of seeing Facebook and Tumblr posts about the terror of Hamas rocket attacks, as if a) they occur in a vacuum and b) they are somehow terrorizing the Israeli populace in even a remotely similar way that Israeli airstrikes are terrorizing Gazans. But I’m also tired of the Facebook and Tumblr posts about how the ineffectiveness of the rocket attacks somehow means that they are the equivalent of not shooting rockets at civilians.

In other words, it’s possible for the Israeli government to be acting immorally and it’s possible for Hamas to also be acting immorally … even if the results of their immoral behavior are not equally terrible. There’s no moral high ground here. The fact that Hamas rockets aren’t killing more Israeli civilians doesn’t negate the fact that the intention of the shooters is to kill Israeli civilians. The fact of Israel’s reprehensible treatment of the Palestinians in the West Bank and Gaza doesn’t give Hamas carte blanche to attempt to terrorize and kill Israeli citizens. But nor do Hamas rockets give the Israeli government carte blanche to terrorize and kill Gazans. Nor is there any reason, as far as I’m concerned, for Israel to maintain its abusive treatment of Palestinians in the West Bank and Gaza.

Now to the specific issue at hand, namely Cunningham’s use of the word genocide to describe what is happening in Israel/Palestine:

The reason I’m unwilling to use the word genocide is because this is not a genocide. That doesn’t mean that it’s absolutely terrible, that Israel isn’t committing violations of international law by employing collective punishment and by targeting civilians areas and infrastructure, or that the Israeli government might be rightfully accused of a policy of ethnic cleansing. It is only to say that genocide is a specific term with a specific meaning … and that what we have seen and are continuing to see in Israel, the West Bank, and Gaza does not meet the definition of that term.

In one of his first posts on the matter, Cunningham quotes the Genocide Convention:

…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.

Cunningham focuses on (c), above, and concludes:

It’s obvious Israel’s goal is to remove the Palestinians (even and especially the nonviolent civilians) by “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”.

Unfortunately, this isn’t obvious. While it’s certainly true that Israel is inflicting on Gazans terrible “conditions of life,” there is absolutely no reason to conclude that Israel is doing so in order to bring about the “physical destruction in whole or in part” of the Palestininan people.

If Israel intended to commit genocide, I think we would see very different results from this week’s airstrikes against Gaza. Those who condemn the Israeli massacres in Gaza are right to point out the number of civilian casualties because any such casualties are abominable … but they ought to recognize that, given the remarkable firepower and tactical capabilities of the IDF, the number of casualties is surprisingly low (especially if they want to include a charge of genocide in amongst their condemnations). To put this in the starkest possible terms, if the Israelis wanted to bring about the destruction of the Palestinian people — in whole or in part — they could do so at any time (but especially at this time, when they have been bombing the densely-populated Gaza Strip for days). That civilian casualties are as low as they are suggests that genocide is not what the Israeli government intends. Indeed, as I’ve argued previously, what the Israeli government intends, with an election on the immediate horizon, is to perpetuate the conflict and to make themselves (and their particular brand of sabre-rattling and non-negotiation) seem indispensable to the populace.

Of course, Cunningham has argued that I’m just playing a semantics game here while innocent people are being killed. I’ll leave aside the whole argument that words matter a great deal in international law because, for example, the Genocide Convention has an operative clause. Even though I find this line of argumentation compelling, I know a lot of people think that international treaties aren’t worth the paper on which they’re printed. So instead, I’ll focus on the idea that words matter because opponents of Israeli treatment of the Palestinians do themselves no favors at all by going nuclear about what Israel is doing. Here’s my argument, in Twitter form:

What I would suggest is that the actions of the Israeli government — now in Gaza and in the past in both Gaza and the West Bank — are bad enough without crying wolf about genocide and that when you cry wolf about genocide you invite people to completely tune out the very real and very terrible things that are being done … and these people are already very interested in tuning out complaints about these terrible things.

It’s sufficient to say that Israel shouldn’t be killing civilians, to argue against those who would justify those killings, and to work to bring this tragic violence to an end.

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