General Discussion

by Hamas fighters. It’s evident that war crimes were committed by Hamas: Israelis were shot in their homes at kibbutzim, and concertgoers at the Nova music festival were massacred. We’ve seen the pictures and videos, and while some allegations have turned out to be false, the evidence of brutal crimes is solid. Hamas is still holding more than 100 hostages.

That does not give Israel a pass to respond as it pleases. An eye for an eye — or a hundred eyes for one eye — is not a thing in international law. A key tenet of the laws of warfare is that an attack that endangers civilians must be militarily necessary, and any civilian casualties that occur must be proportional to the military gain. What that means, in plainer language, is that you cannot slaughter a lot of civilians for a minor battlefield gain, and you certainly cannot target civilians, as appears to have happened in the killing of Hala Khreis and many other Palestinians. So far, more than 30,000 people have been reported killed in Gaza, most of them civilians, including more than 13,000 children.

The victims of genocide — which Jews were in the Holocaust — are not gifted with the right to perpetrate one. Of course, a war-crimes court should be the arbiter of whether Israel’s actions in Gaza qualify as genocide, but sufficient evidence for indictments appears to exist because the legal definition of genocide is “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” The key words are “in part.” Holocaust levels of killing are not required to reach the legal standard.

This puts all Americans, not just American Jews, on the spot. The U.S. government is Israel’s principal supporter, by virtue of the bombs and other weapons that continue to be provided to the extremist government of Prime Minister Benjamin Netanyahu. We are all implicated.

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