Our ways of seeing are not yet adequate to our predicament.
-Teju Cole, "A City on Fire Can't be Photographed," The New Yorker 1/10/25
And out of this worldwide festival of death, this ugly rutting fever that inflames the rainy evening sky all round—will love someday rise up out of this, too?
-Thomas Mann, The Magic Mountain
Despite the ceasefire announced as I write, the historical animus that triggered the war in Gaza will not end quickly and not without a truth and reconciliation intervention. So I don't know where to begin talking about the war in Gaza, or the war on Gaza, or the war within Gaza. And we'd might as well include the war in the West Bank, on the West Bank and in The West Bank and the war on Israel and within Israel. The anguish of old wounds and hardened hearts floods the conversation, if there is a conversation. Even in the small town where I live there are raging rifts. On most Saturdays since October 7, "pro" Palestinians are on one side of the street in front of the library and "pro" Israelis on the other waving flags and shouting at each other.
After weeks of deep reading and rereading, listening and interviewing, I've decided that all I am able to write regarding the tragedy of Israel and Palestine are my own experiences, personal feelings, and considered observations. They may not be worth anything at all, and certainly I am not an influencer, but I am a descendant of the Holocaust—what is known by those who are observant Jews as a secular Jew—an American who has never been to Israel, a journalist, a progressive in my politics and life choices. And though that doesn't sum me up, it's enough for the purposes of this blog post. Maybe there is one reader out there who will appreciate what I have to say and what I have already said. But even if there isn't, no matter, I will write what I feel compelled to write.
At the end of this blog post you will find definitions, codified in international law. I begin with those definitions in my thinking, some training I have had in mediation and conflict resolution, and the years I worked on an anthology of stories by humanitarian workers. The foreword to that book, Another Day in Paradise was written by John Le Carré, a great humanitarian. I use the lens of a humanitarian to consider war and war mongering, crimes against humanity, ethnic cleansing and genocide. The definitions of these atrocities are etched in my consciousness and their consequences clear to see within minutes in a digital world. There are extensive investigations before an atrocity is named, and legal action taken, but even before the investigations they are rarely in dispute.
When I asked a sampling of more or less progressive American Jews whether their opinion/feelings/observations have changed since the Hamas atrocity of October 7th and the Israeli atrocity of the decimation of Gaza, to a person they said: "What would you have done?" Where did this script originate? None of the people I asked the question are diplomats, politicians, or military personnel so their knowledge of what could have been done, other than what has been done, is limited at best. Still, their response shocked me. To a person they never mentioned the suffering of the Palestinian people. To a person they said that there will never be a Palestinian state. Nor did the ceasefire announcement in Qatar and Washington mention Palestinian statehood or humanitarian aid entering the strip.
In addition to Israeli relatives and friends, I have educated, clear thinking, warm hearted Palestinian friends who have been so distraught that we have not seen each other since October 7th. They are living in exile from their promised land, which is also Israel's promised land. How these two related peoples—Israelis and Palestinians—will ever live in peace is beyond my knowledge and skill to predict, or even my imagination as a writer to predict. So, I will leave you, dear reader, with an open invitation to comment on this blog post. In the meantime, I offer definitions and a brief reading list. Please feel free to add to the reading list in your comments.
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Definitions
Source: Wikipedia, double-checked with UN sources
Genocide: To destroy in whole or in part the group as such; physical obliteration; cultural annihilation The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), also known as the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to enforce its prohibition. It was adopted in 1948 in response to the atrocities committed during World War II. The Convention has been ratified by 153 states including Israel.
Ethnic Cleansing: A purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas, deliberate military attacks or threats of attacks on civilians and civilian areas, and wanton destruction of property. Those practices constitute crimes against humanity and war crimes.
Crimes Against Humanity are certain serious crimes committed as part of a large-scale attack against civilians.[1] Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals.[1][2] Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law[3] and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution.
The Rome Statute is the treaty that established the International Criminal Court (ICC). It was adopted in Rome, Italy in 1998 and entered into force in 2002. The statute defines the crimes under the ICC's jurisdiction, including war crimes, crimes against humanity, genocide, and the crime of aggression.
Universal Jurisdiction: one of the oldest principles of international law, holds that certain crimes are so serious that any country in the world can bring a criminal case against the perpetrators. In the 18th century, that rule was used for crimes like piracy; in recent times, it has been used to prosecute genocide and war crimes.
The International Criminal Court (ICC) and the International Court of Justice (ICJ)
ICJ cases involve countries, while the ICC handles prosecutions of individuals for war crimes or crimes against humanity.
The ICJ is an organ of the United Nations, while the ICC is legally independent of the UN.
The ICC is a court of last resort, intervening when a state's legal system collapses or when a government is the perpetrator of heinous international crimes.
The ICJ is a civil court.
A Brief Reading List
David Fromkin, The Peace to End All Peace
Eyal Weizman, Hollow Land
Edward D. Said, The Question of Palestine
Rashid Khalidi, The Hundred Years' War on Palestine
Adam Kirsch, On Settler Colonialism: Ideology, Violence and Justice