Monday, September 18, 2006

Joshua Muravchik on Human Rights Watch's Silent Support for Genocide

From the Weekly Standard:
Most remarkably, Human Rights Watch did not take note of the contrasting goals of the combatants. Hezbollah's declared aim, in the words of its "spiritual" leader, Sheikh Fadlallah, is to "obliterate" Israel, while Israel's goal boiled down to not being obliterated. Human Rights Watch justifies this self-imposed moral blindness on the grounds that its touchstone is law, not morality. But why, then, was it deafeningly silent on the overriding legal issue that the conflict presented--namely, genocide?

International human rights law consists mostly of multi lateral treaties, called conventions. The most fundamental and important of these treaties, because it concerns the ultimate offense against human rights, is the Convention on the Prevention and Punishment of the Crime of Genocide. Presumably because of the weightiness of the issue and the overwhelming moral stakes, its enforcement provisions differ from those of most other human rights treaties. The usual treaty is simply a pledge of good behavior: Each signatory state promises to undertake or refrain from certain acts within its own jurisdiction. But the Genocide Convention enjoins its parties "to prevent and to punish" genocide wherever it may occur and whoever commits it. In other words, when a state signs, for example, the Convention on Racial Discrimination, it promises to stamp out this abomination within its borders, but when it signs the Genocide Convention, it in effect promises to go to war to stop someone else from committing genocide. (This explains the 1994 decision by the Clinton White House not to call the mass murder in Rwanda "genocide," for fear that this would obligate the United States to take action to stop it.)

The convention defines "genocide" as any of a variety of acts "committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." Clearly, Hezbollah's announced goal of obliterating the state of Israel constitutes the intent to destroy a "national group," namely, Israelis. Even if one were to consider that destroying Israel is not the same as destroying the Jewish people, Hezbollah stands no less guilty under the terms of the convention. Some Hezbollah apologists might claim that the group intends only, as its spokesmen sometimes say, to drive the Jews "back" to Europe, i.e., that it intends "merely" ethnic cleansing, not genocide. But even if such a statement of intent is given credence, the reasoning is fatuous. Most Israeli Jews did not come from Europe. They either are native born or come from Arab countries where they would not be taken back and where they would find no safety if they were.