You're viewing a single thread.
Genocide, as in the legal definition, requires intent. As far as I see it Germany is not even trying to deny anything Israel did or does, or argue evidence in any other way, all the government is basically doing is saying "Your honour, our client can't have intent because they're demonstrably criminally insane, we know because we caused that insanity". Not in that many words, but to that effect.
And a sane person/nation would willingly engage in genocide? Insanity doesn't negate intent, only ones ability to distinguish reality or prevent themselves from carrying out actions they know to be immoral. Inb4 India, China, the USA, and Russia of course but you take my point?
With individuals, criminal insanity means that you can't be held accountable on account of not being able to tell good from wrong: Lacking that ability, you cannot have an intent to do wrong. It's also not a get out of jail free card, it's quite often a get locked into a closed institution for an indeterminate amount of time card, until the doctors decide that you're not a danger to yourself or society. Being judged criminally insane can turn a five-year sentence into de facto life.
And it's not like I personally agree that the notion is really applicable to a people, or that it should be considered when it comes to the genocide convention, but darn someone has to be their defence lawyer -- they certainly aren't capable of defending themselves, pretty much everything they say just makes people more mad, justifiably so. Given Germany's history don't blame us for taking on that role.
The thing about insanity is made up by the person eho posted that comment. What they actually say is that Israel's intent is to defend themselves against the armed attacks by the Hamas, so self-defense, and not to commit a genocide.
That's such a weird take. I mean you're right, that is exactly the argument, but it doesn't hold any water. To defend against Hamas attacks, Israel would need a huge border fence (check), a vastly superior military (check), constant surveillance on Gaza (check), Iron Dome (check), and even morally questionable methods like full control over the Palestinian population registry to track criminals (check). The fact that they had all those and still failed self-defense just adds to the argument that killing tens of thousands of civilians and destroying the majority of civilian infrastructure (while making the vast majority unusable) and completely debilitating the medical infrastructure and blocking humanitarian aid (also via criminal methods) and
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
is actually genocide.
Your honour, our client can't have intent because they're demonstrably criminally insane, we know because we caused that insanity". Not in that many words, but to that effect.
That's completely made up, either by you or by another person. What they actually say is that Israel's intent is to defend against the armed attacks of the Hamas, not to commit a genocide.
More like: "Your honor, our client is just trying to defend themselves, they are not doing this to commit a genocide"
Mere defensive intent does not match up with the evidence unless you assume psychosis, and Germany very much is not denying the evidence.
That's why I said "in not that many words".
Germany provided Israel with anti-tank weapons and also training muniton. That's it (according to official statements). Doesn't sound like something you could commit a genocide with to me...
The insanity started way before Nazi genocide:
https://en.wikipedia.org/wiki/Herzl's_Mauschel_and_Zionist_antisemitism
That's a spark, not the kindling, much less the oil we poured on top of it. Without that, the "holocaust oil", Israelis would probably be like French levels of patriotic today: Occasionally annoying but harmless and also mostly charming.
it's not genocide, it's war crimes: Germany, 2024