Crimes against Humanity; Jihad, Genocide Violate International Law

The Washington Times (Washington, DC), September 16, 2003 | Go to article overview

Crimes against Humanity; Jihad, Genocide Violate International Law


Byline: Louis Rene Beres , SPECIAL TO THE WASHINGTON TIMES

Readers of daily newspapers are now well acquainted with unending Palestinian calls for the annihilation of Israel. What might not be apparent, however, is that such calls - sometimes in the carefully whispered voice of the Palestine Authority, more often in the strident voice of PA accomplices in Hamas and other related terror groups - constitute an especially serious crime under international law.

Genocide has always been prohibited by international law. In the words of the Genocide Convention, a binding multilateral treaty that codified post-Nuremberg norms and entered into force in 1951, the sorts of murderous acts long advocated by Arab leaders and terror groups qualify very precisely as genocide. For example, the Fatah organization Web site still calls openly for the "eradication" of Israel. This call echoes earlier genocidal codifications in the still unchanged Palestinian National Charter, in Fatah's ongoing calls for Inqirad mujtama (the extinction of Israeli society), and in the Charter of Hamas ("There is no solution to the Palestinian problem except by Jihad. I swear by that who holds in His Hands the Soul of Muhammad! I indeed wish to go to war for the sake of Allah! will assault and kill, assault and kill, assault and kill.")

War and genocide need not be mutually exclusive. Palestinian preparations for a final battle with "the Jews" are not only for an indispensable and unavoidable war, but also - ultimately - for the extermination of an entire people. Regarding ties with PLO, the Hamas Charter says the following: "The PLO is among the closest to the Hamas, for it constitutes a father, a brother, a relative a friend." On the primacy of hatred toward Judaism, not Israel, the Charter states:" Israel, by virtue of its being Jewish, and of having a Jewish population, defies Islam and the Muslims."

Under international law, calls by the PLO and Hamas for the killing of Jews - whether indirectly in Jihad or directly through mass murder - constitute calls for genocide. Ironically, the PA authorities who issue such calls, including of course Nobel Laureate Yasser Arafat, are widely recognized by the international community outside the United States as official emissaries of "peace." It is time for this community, especially Europe, to acknowledge that the same individuals who call for commission of the world's most egregious crime cannot possibly be a proper source of partnership and reconciliation with Israel.

While most of the world outside of Washington and Jerusalem chooses to ignore calls for the crime of genocide, international law has an unswerving obligation to stop and take notice. Expressed by leaders of the major states in world politics, the norms and principles of international law should be invoked in time.

The Palestinian Authority and its associates are obligated to refrain from incitement against Israel. …

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