By Seth Mandel
Thursday, July 30, 2026
The New York Times letters page recently played
host to a discussion that should give Jews some reason for optimism. But I
hadn’t quite realized it until I read an exchange on social media this morning.
Both the letters and the social-media exchange went right
to the heart of a question: Is it worth it to put one’s energy relentlessly and
wherever possible toward debunking the lie that Israel committed genocide in
Gaza?
The answer remains yes.
The New York Times letters
were specifically addressed to an extravagantly poorly reasoned op-ed comparing
Israel’s defensive war in Gaza to the Armenian Genocide and even the Holocaust.
A scholar of the Holocaust and the Armenian Genocide wrote to the Times to
object to the facile false equivalency. As did others.
One tactic of the pro-Hamas propagandists in the West is
to accuse Israel of genocide, and then when Israel’s defenders point out that
this is a lie, the propagandists pretend that the term isn’t what’s important
and that Jews are showing a guilty conscience by focusing so much on that one
word. This is annoying and dishonest but in its own way heartening, because it
is an admission by Team Genocide that they have lost the argument against
Israel’s defenders.
But rarely do we see, in the general discourse, someone
who thinks Israel guilty of monstrous behavior declare the importance of not
calling it “genocide.” One letter writer to the New York Times did
exactly that:
I hope it is uncontroversial to
say that collective punishment, the killing and maiming of innocent civilians
and the destruction of their homes and critical infrastructure are wrong. Can
we leave it at that? Unless you’re a pedantic scholar or a legal expert,
semantic labeling is an unnecessary distraction that adds controversy to the
uncontroversial.
This is another important sign, because it tells us that
contesting the genocide libel makes a difference. It exacts a cost to
exaggerating Israel’s crimes, even if that “cost” is minimal. Once “genocide”
is seen even by Israel’s staunch critics as a way to derail the debate, a
reality-based conversation might finally be possible.
And a preview of that conversation can be seen in the
aforementioned social media exchange today. Eliot Malin, an attorney focusing
on international law, responded to a post claiming there exists a public
consensus that the blood libel is true. Malin calmly explained two
points.
The first is that the organizations that levied the
accusation of genocide against Israel made clear that they were not applying
the accepted definition of the term as it is used in international law. For
example, Amnesty International stated that legal precedent would likely
exonerate Israel of genocide, so they used a different formula. B’Tselem did
the same. The International Criminal Court’s chief prosecutor, having since
been dismissed from that position, had said explicitly in an interview that he
didn’t charge Israel’s leaders with genocide, only war crimes, because the
evidence simply wasn’t there to accuse them of genocide.
So that’s the first thing to understand about the
distorted debate around the genocide accusation: All basically agree that you
would have to change international law to charge Israel with genocide.
Malin’s second point explains why. Another user on X
asked him to answer for a specific part of the genocide accusation:
deliberately seeking a group’s destruction “in whole or in part.”
This is actually a key phrase in the definition of
genocide. It seems rather easy to say that any losing side in a war was
destroyed “in part.” Which is why the term “in part” is explained further in
the law. “In part” is actually a higher bar that it seems, and that’s a good
thing. Otherwise nothing would distinguish genocide from war at all.
Here is Malin’s explanation from the precedential case
law:
In Jelisić, the first case
to confront the question, the Trial Chamber noted that, ‘[g]iven the goal of
the [Genocide] Convention to deal with mass crimes, it is widely acknowledged
that the intention to destroy must target at least a substantial part of the
group.’ The same conclusion was reached by the Sikirica Trial Chamber:
‘This part of the definition calls for evidence of an intention to destroy a
substantial number relative to the total population of the group.’ As these
Trial Chambers explained, the substantiality requirement both captures
genocide’s defining character as a crime of massive proportions and reflects
the Convention’s concern with the impact the destruction of the targeted part
will have on the overall survival of the group.
So there you have it. Malin’s willingness to present the
relevant case law all in one place is commendable, especially since it was in
response to a random questioner. And it paid off not only for his interlocutor
but for anyone who saw or might see the conversation.
Truth exists. It is on Israel’s side of this fight. And
there is still a market for it.
No comments:
Post a Comment