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Charles Knapp's avatar

This entire debate is flawed. Whatever Bartov’s motive may be, he does little beyond repeating the case that South Africa has presented before the ICJ - including the same distortions and misrepresentations of comments by Israeli officials - that South Africa itself has lost faith in. Why else has it now argued that the Court should depart from several decades of case law and suddenly expanded the legal definition of the crime itself. In so doing, South Africa is following in the footsteps of both Amnesty International and Human Rights Watch who, quite surreptitiously, redefined the term “genocide” before then finding Israel guilty under their new and broader definition. This is not an intellectually serious approach.

The facts on the ground don’t sustain any claim of genocide as understood in the international convention and the caselaw. The Hamas generated casualty numbers have been disputed by statisticians so much that in the numbers more recent iteration, it turns out that some 70% are men of combat age. Also, the latest demographic numbers support that state of affairs. There is no random distribution of death among Gazans, something that would be expected were Israeli targeting to be indiscriminate.

And, of course, were genocide the objective, it’s hard to understand why Israel would so far sacrifice nearly 900 soldiers while helping feed the population rather than flattening Gaza through aerial and artillery bombardements. After all, it was Egypt with the support of most of the world community that sealed its border and prevented Gazans from seeking refuge - unlike the experience of Ukrainians fleeing Russia’s invasion that had a clear ethnic cleansing angle to it.

Every Western military expert who has examined IDF tactics up close find a model to learn from if not emulate. For them, the claim of genocide is laughable as a factual matter and unsustainable under the Laws of Armed Conflict.

And notwithstanding his mandatory stint in the IDF, Bartov seems to know nothing at all about IDF targeting choices and the many levels of review (including legal) before approval is given. Indeed, all he is really doing is telling Hamas and every future terror army that their tactic of embedding within the civilian infrastructure and willfully sacrificing civilians is a winning strategy against Western democracies.

Of course, Hamas as a fighting force or its strategy doesn’t appear in his analysis. It’s almost as if it’s the IDF versus unarmed Gazans which self-evidently is not what happening. But this cherry-picking and faulty framing ultimately undermines Bartov’s analysis. It could be said that the Nazis fought two wars simultaneously, the one against the Allied forces and one against the Jews of Europe. In fact, the latter seemed to have been the priority toward war’s end. Nothing remotely similar can be said of Israel’s response to October 7. Its fight is with Hamas and the latter’s decision to fight among, behind and under its civilians while eschewing uniforms (all war crimes) creates the scenario for civilian casualties - which, even now, are at an historically low civilian to combatant ratio - another proof of no genocide.

What we do have is a “genocide” for those who like to use scare quotes to denote something other than the real thing. Yet the impact of the false allegation reverberates throughout the world, bringing on the foreseeable consequences of scattering such seeds on a fertile bed of lightly slumbering antisemitism. How else to explain attacks on non-Israeli Jews, their places of worship and their places of business?

But to say there is only a “war” now going on in Gaza approaches a willful blindness to the facts and context of Hamas breaking the permanent ceasefire in place the morning of October 7.

We now know from Hamas documents that the invasion was supposed to be part of a multi-front attack on Israel. The coordination seems to have failed for a variety of reasons, among which seems to be Iran’s decision to preserve Hezbollah as its shield for its nuclear aspirations rather than a sword to assist Hamas.

While many pretend to support Israel’s right to defend itself, October 7 has changed the calculus. Now the threat itself must be eliminated and in Gaza that means Hamas must be destroyed the way the Nazis were in Germany.

Perhaps the more interesting question is one only Bartov can know: why the desire to lower the standards of the internationally recognized crime of genocide, thereby undermining his own specialty.

And his protest to the contrary in his recent op-ed in The NY Times notwithstanding, the charge of genocide is not one he reached after long thought and painful reflection. It was one he first intimated only a few weeks after Hamas orgy of violence on October 7, 2023.

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Roberta Wall's avatar

Thank you. I'm sharing this with a team of Jewish Israelis, Palestinians from Israel and the West Bank and others who are involved in Nonviolent Communication initiatives there. I would like to add to the important points you articulate that it is crucial to use this understanding to generate empathy for the millions of people who just can't absorb the shocking and dismal precipice where we now stand. Not to meet the hatred and violence and supremacy with more of the same.

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