How long must we, American taxpayers, continue to support Israeli war crimes? Israel is the largest recipient of American foreign aid (ignoring, at the moment, Iraq and our war there). We support Israeli publicly, materially, diplomatically, and monetarily. What we do directly contributes to Israeli war crimes. And there is no longer any doubt about it: Israel is an occupying force in Palestine. That makes just about everything we and Israel do there war crimes. There is no international support to speak of in discussing U.S.-Israeli crimes in Palestine.
A recent and glaringly blatant example was Israel’s offensive against Gaza almost a year ago. The U.S.-Israeli attack (“U.S.-Israeli” because nothing Israel does is possible without the U.S.’s support) was recognized as contrary to international law and the actions committed by Israeli forces as constituting egregious war crimes. Just recently, a four-judge commission led by the distinguished Richard Goldstone (a Jew and supporter of Israel) released a report for the UN Human Rights Council condemning both Israel and Hamas for their war crimes, noting that Israel was responsible for an overwhelming majority of them, “indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict.”
What was Israel’s response? Yesterday, Prime Minister Benjamin Netanyahu declared that Israel would never allow its leaders or its soldiers to be tried for their crimes (following in the footsteps of the U.S.). Netanyahu defended this assertion by stating Israel has the right to defend itself. While Prime Minister Netanyahu is correct, it’s not true that Israel has the right to defend itself with force. It had no right to attack and invade Gaza. Israel is recognized as an occupier, and occupiers have no rights; but they do have obligations. So if Israel wanted to defend itself from rocket attacks, it had the obligation to withdraw from Palestine.
But what Israel (and the U.S.) is doing when it declares that it won’t prosecute war crimes is that it is declaring the Nuremberg trials a farce. U.S. Justice Robert Jackson made a point of this at the Nuremberg trials, at which he was the chief of counsel for the prosecution. He stated: “If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them. And we are not prepared to lay down the rule of criminal conduct against others which we would not be willing to have invoked against us. We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well.” The U.S. and Israel have sipped from the “poisoned chalice” but have refused to allow their crimes to be prosecuted. So we’re saying the work of Justice Jackson and the Nuremberg trials were mere legal farce. If you don’t think the proceedings were just a farce and merely for show, then you must advocate for prosecuting those who have sipped from the “poisoned chalice.”
Finally, notes Human Rights Watch’s Sarah Whitson, “The Obama administration cannot demand accountability for serious violations in places like Sudan and Congo but let allies like Israel go free.”