Israel has gone too far in its legitimate response to the Hamas genocide, and it should restrain itself from reaching a genocidal peak
Israel W. Charny
Executive Director Institute on the Holocaust and Genocide Jerusalem;
Founder and Past President International Association of Genocide Scholars; Editor-in-Chief, Encyclopedia of Genocide
Something insane has happened in the world’s culture. There is no question whatsoever that Hamas as an organization, and the many additional Palestinian civilians who joined them, invaded Israel on October 7, 2023 and executed a bloody and particularly cruel and torturing genocide of about 1300 Israeli civilians – many of them young people attending a Spring festival dancing their hearts out in an appreciation of life’s joy. Hamas clearly was fulfilling its long held genocidal agenda.
There is also no question that Israel has responded understandably harshly to this brutal attack and in the process has undoubtedly killed an unknown but significant number of Palestinian civilians, including women and children who in no way were involved in the killing of the Israelis. The latter is normally called “war,” but what has happened instead is that it is now being called “genocide,” and to add clear cut insult to injury in a huge number of cases the original actual genocide by the Hamas-Palestinians is no longer recognized and condemned for its stark evil. The number of Palestinian civilians who have been killed is considered very large, although it must be added that a significant number of US generals testify that Israel has gone to great lengths to protect civilian life. Moreover, a huge number of the Gazans killed are the victims of a second genocide by Hamas of secreting weapons on or around its own people.
Following is an effort to identify just what really constitutes genocide. I propose definitions and give brief illustrative examples. As will be seen I move from the use of the category “Genocide” to the category of “Crimes Against Humanity” in order to avoid the bizarre charges of equivalent crimes of genocide by Hamas and Israel. Clearly scholars are welcome to devote themselves to improving definitions and examples. but here I will attempt to get the basic principle across.
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FIRST DEGREE GENOCIDE is the intentional murder of a designated group with the explicit intention to wipe out their existence “in whole or in part.”
SECOND DEGREE GENOCIDE is direct person–to-person extermination of targeted people, often with pre-assigned quotas of killing.
THIRD DEGREE GENOCIDE is intentional indiscriminate killing of civilian populations when genocidal weapons are positioned among civilians in order to enable murders of the targeted peoples.
FIRST DEGREE CRIMES AGAINST HUMANITY is careless or uncaring overkill of the civilian population of an enemy people with whom one is at war—killings that are not militarily needed for the successful conduct of the war.
SECOND DEGREE CRIMES AGAINST HUMANITY is instances where the means and the extent of military power employed in war are excessively cruel and destructive and constitute crimes against humanity.
THIRD DEGREE CRIMES AGAINST HUMANITY is excessive vengeful intentional retaliatory murder or self-defense against further murder in response to genocide that has been committed against one’s people.
FOURTH DEGREE CRIMES AGAINST HUMANITY is intended or inadvertent failure to provide safeguards against activation of genocidal machinery.
FIFTH DEGREE CRIMES AGAINST HUMANITY is colonial exploitation of an enslaved population in which instances of genocidal murders of the civilians are tolerated, legitimated, and are afforded impunity.
Correction of My Long-Standing Position on Mass Killing that is Not Genocide
Professionally, I have always taken the position that the creation or allowance of any situation which results in masses of dead civilian bodies is genocide, BUT I have always differentiated between intentional concentrated action to destroy the lives of a targeted group of unarmed people. In other words, I personally chose to call all mass killing of civilians genocide, but to remain very much aware of the difference between what would be the equivalent of first degree murder or planned and intended and devoted mass destruction of a chosen target group and the many tragic variations of situations where lots of people get killed – and shouldn’t have – but not with the same malevolent total planning and devotion to the task.
Under no circumstances have I argued that more secondary forms (“degrees”) of genocidal killing are equivalent to first degree genocide. Note that this kind of differentiation is built into much daily criminal law where first degree murder is treated infinitely more severely than the lesser degrees.
My definition of genocide is well recognized in the professional literature, and while there have been some expressions of respect for its avowed humanistic rejection of all mass killing, my definition has been roundly criticized for failing to maintain a sharp focus on genocidal intentions to a group.
I am now prepared to acknowledge that I was wrong—not in decrying all mass murder but in failing to keep, a penetrating focus on intentional genocide.
It is blatantly wrong to say that Israel is committing genocide just as the Hamas do.
Although there certainly are extreme voices in Israel that call for killing all the Palestinians, such fascist voices will be heard in virtually every culture in the world, and there has never been any indication whatsoever of a full blown Israeli government plan to destroy the Palestinian people.
IF HAMAS HAD NOT ATTACKED ISRAEL GENOCIDALLY
IN THEIR HORRIFIC OCTOBER 7 SLAUGHTER, WOULD
ISRAEL HAVE ATTACKED GAZA? NO!
SHOULD HAMAS BE CHARGED WITH FULL BLOWN
FIRST DEGREE GENOCIDE FOR ITS MASSIVE ORGY
OF SLAYING CIVILIAN ISRAELIS AND ITS CLEARLY
STATED INTENTION TO KILL THE JEWS? YES!
In everyday parlance, I cannot agree to statements that say that Israel is committing genocide in Gaza. I now believe that we need a new word to identify the less intended degrees of mass killing of civilians but at the same time holds it up for critical analysis including evaluation of illegality. I do believe that we need a language that enables us to oppose the many forms of mass killing, such as the disgusting allowance by the Israeli military of murders of plain folk and farmers. That cannot be what the State of Israel stands for.
A wise analyst has commented that our age has brought about a new definition of genocide which comes out to be: Genocide is the cruel extermination by Jews of other people. This must be changed! The position that I have taken publicly about the Gaza-Israel War –as published already months ago in the Times of Israel on February 2, 2024)[1] —was that the war by Israel was just and justified.
However, given the already then massive loss of civilian life I proposed that Israel be ready to enter into a ceasefire in order to spare human lives. I further stipulated that Israel make their offer contingent on a total release of all hostages, and that failing such release by Hamas the war be continued.
It is and would be blatantly wrong to accuse Israel of intentional genocidal destruction of the Palestinians but possibly correct to say that she has exacted an unduly severe human toll that, sadly, constitutes a crime against humanity.
[1] Israel W. Charny (February 2, 20240. Gaza Fight is Humanly and Legally Just but Deserves Ceasefire If Hostages Freed. Times of Israel. https://blogs.timesofisrael.com/gaza-fight-is-humanly-and-legally-just-but-deserves-ceasefire-if-hostages-freed/