The crime of all crimes is genocide. If the 20^th century was the age of genocide the 21st is not looking much better.

There has been a lot of talk lately about genocide and the word has been bandied about rather loosely. Mostly regarding the ongoing war in Israel against Hamas in the Gaza Strip. Because Hamas uses the civilian population as human shields innocent civilians are getting caught in the crossfire and bombardment by Israel.

The recent conflict began with an act of terror waged against innocent Israelis by Hamas and other Palestinian fighters who invaded a peaceful Kibbutz, killing some 1400 men, women, children, and babies, in the most inhumane ways imaginable. This act of terror was a war crime itself. The question is, is Israel’s response to the killing of 1400 Israelis by bombing and killing of large numbers of noncombatant Palestinians (17,700 as of this writing) many of them women and children, and the forced removal of thousands more, justified? Certainly, some type of response is justified. Israel has the right to defend herself. But shouldn’t it be proportional? And shouldn’t it be within the boundaries of the internationally recognized laws of war?

Let’s return to the question of genocide. What exactly is genocide? What is its legal definition?

Raphel Lempkin, a Polish Jew, invented the word “genocide” and secured the passage of the first-ever United Nations human rights treaty in 1948. It took the United States 19 years to ratify the treaty. According to the Convention, genocide is a crime that can take place both in time of war as well as in time of peace. The definition contained in Article II of the Convention describes genocide as a crime committed with the intent to destroy a national, ethnic, racial or religious group, in whole or in part. The Convention establishes a duty on State Parties to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals.” (Article IV)

The current definition of Genocide is set out in Article II of the Genocide Convention:

Genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated

to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

What is going on in Gaza?

Genocide is the actual reality of Palestinians living in Gaza. They are an entrapped, displaced, starved, water-deprived population of 2.3 million facing massive bombardments and carnage in one of the most densely populated areas in the world. Over 17,000 people have already been killed as of this writing. Tens of thousands have been injured and over 45% of homes in Gaza have been destroyed. The United Nations Secretary-General said that Gaza is becoming a “graveyard for children.”  A ceasefire remains elusive. Israel continues to blatantly violate international law: dropping white phosphorus from the sky, dispersing death in all directions, shedding blood, shelling neighborhoods striking schools, hospitals, and universities, bombing churches and mosques, wiping out families, and ethnically cleansing an entire region in both callous and systemic manner. What do you call this? I call them war crimes. Crimes against humanity and yes, I think this rises to the level of genocide.

The United States must use whatever influence it has to bring this atrocity to a halt. Israel has a right to defend herself, but she must do so within the bounds of international laws and norms. She must abide by the United Nations Convention on the Prevention of Genocide.

In 1979 President Jimmy Carter stated, “We must forge an unshakeable oath with all civilized people that never again will the world fail to act in time to prevent this terrible act of genocide.”

The time for action is now!