Prof John Mearsheimer: Accusations of Genocide Against Israel: A Historical and Legal Analysis

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Summary

➡ The text discusses the allegations of genocide by Israel on Palestinians, according to a South African report. This issue, addressed in the International Court of Justice, is contested, with Israel and its supporters claiming targeted actions solely against Hamas while South Africa, and others, accuse the country of broader harmful actions against Palestinians. Despite the Court lacking enforcement capabilities, the seriousness of the situation is evident in the intense debate it has sparked.

Transcript

As I said in the substac piece that I wrote on this, as you read the document, you can’t help but thinking about how the Nazis talked about the Jews. When you read about how the israeli Jews are talking about the Palestinians, I mean, the parallels are marked. It’s almost incomprehensible to me that israeli Jews would be making these kinds of comments about any kind of people. But the evidence is overwhelming.

The piece is heavily footnoted, and hardly anybody disputes that these comments were made. And then again, when you marry that with what’s actually going on, it’s horrific what’s going on in Gaza. And therefore, the south african government concluded and lays it out in this brief that the Israelis are guilty of genocide. So this international court is not a criminal court. It resolves disputes between countries. It could theoretically order the Israelis to do something or refrain from doing something.

The Israelis could thumb their noses at it if they want. It’ll put them in trouble with the UN. But the court does not have an army to enforce its will. This is not an indictment of Prime Minister Netanyahu personally the way President Putin has been indicted by the International Criminal Court. However, it is a court to which they are subject because it was established by the UN charter and Israel and South Africa are both members of the UN.

Here’s Admiral Kirby cut number two, Chris. I mean, his statement about this complaint is mind boggling. It’s hard to believe that this is the official United States position on this complaint. South Africa’s filed this 84 page lawsuit against Israel accusing them of genocide. Israel says that this is blood libel. Does Washington agree? And where does this put Washington and Pretoria entry? I find this submission meritless, counterproductive, and completely without any basis in fact whatsoever.

In another world, professor. Yeah, he’s in another world. You really sort of wonder what the principal spokesman for the United States is doing when he makes comments like that. I mean, he can disagree with the report, of course. Right? This is an 84 page report that is thoroughly documented. You have much experience as a judge. If somebody brought this report before you, would you say that it’s baseless? There are no facts to support the charge? No, of course not.

And the report is so well documented that the court has ordered some sort of oral argument or public deliberation about it next week. So it’s not a case where you need discovery, where you have to examine the facts. The facts are obvious and available for everybody to read. Here is Prime Minister Netsanyahu. It’s in Hebrew, so I’ll read the subtitles for the benefit of our friends who are listening to the show, the language is very strong.

It’s typically Netanyahu like. Cut number five. Chris, I would like to say a word about South Africa’s false accusation that Israel is committing genocide. No, South Africa, it is not we who have to perpetuate genocide. It’s Hamas. Hamas would kill us all if only it could. In contrast, the IDF is acting as morally as possible. It does everything to avoid harming civilians, and Hamas does everything to get them harmed, using them as a human shield.

And I asked, where were you? South Africa. And others who accused us, where were you when millions were murdered and displaced from their homes in Syria, Yemen and other places? You weren’t there. Because everything you do now is just nonsense, lies and evil spirits. We will continue our war of defense with just and moral. That’s about as absurd as Admiral Kirby’s comments. Yeah, I mean, the argument that the Israelis are going to great lengths to spare civilian lives and they’re just focusing on targeting Hamas is not a serious argument.

Just the evidence belies it. What’s very interesting here, and it gets back to your point that the International Court of Justice really doesn’t have real teeth. It’s going to be hard to sort of get Israel to change its behavior or get the United States to change its behavior. I think that’s true. But the question you want to ask yourself is why, therefore, is Israel taking this so seriously?.

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