War Crimes? Really?

This has been an intriguing week. President Biden announced that he was putting a hold on shipments of certain American arms, notably hundreds of 2,000 pound and 500 pound bombs, because Israel had begun limited operations in Rafah without waiting for a hostage deal. A week or so earlier, Antony Blinken said that Israel had made an extremely generous offer and “the ball” was in Hamas’s court. Hamas eventually came back with a “counter-offer” of many detailed pages that amounted to, You stop the war, we win, you lose, you release thousands of terrorists, we give you back some hostages, dead and alive, and we once again rule Gaza as we did on October 6.

All concerned knew that this was not something Israel could have taken remotely seriously, and it amounted to no change in Hamas’s months of stonewalling. Yet most Western media, before they had time to read the document, took Hamas’s word that it was a real counter-offer, and proceeded to castigate Israel for going in a limited way into Rafah—beginning, of course, with the orderly evacuation of 100,000 civilians.

This arms shipment holdup was largely political posturing. There is little likelihood that Israel would use those kinds of bombs again (although it did early in the war), and all indications are that Israel’s plan for its Rafah operation, preceded by systematic civilian evacuations, was approved behind the scenes by the Americans. Netanyahu has treated Biden shabbily, and he finally got his wrist slapped, along with a clear warning that Biden could hit him harder in the future.

Biden is not betraying Israel nor is he flip-flopping, he is threading a very narrow needle. Neither he nor we nor the world can afford to have him lose the coming election, and so he tried to show that he would make it impossible for Israel to use those big bombs in crowded Rafah. This point is moot, because Israel was not planning to use them, and even if it was, it has enough of a stockpile to do it anyway.

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Gaza War: Some Numbers

Please see below (“Concerning the War in Gaza”, January 14) for my overview of the war, and the disclaimer introducing it, also applicable here. So is this: Every death is a terrible loss, and every civilian death more so.


In 1944, General Curtis Lemay was appointed to command the Army Air Corps (later the Air Force) in the Pacific Theater, his predecessor having been fired for a reluctance to bomb civilians. Lemay soon ordered the fire-bombing of Tokyo with napalm, killing as many as 100,000 people in six hours. He repeated this in other Japanese cities, with the estimated total deaths ranging from 241,000 to 900,000. This was before the atomic bombing of Hiroshima and Nagasaki killed another 129,000 to 226,000. These mass bombings were not directed at military targets (few were involved) but were carpet bombings of civilians. To many, Lemay is a hero.

Similar incendiary bombings, also creating firestorms, were carried out by the British and Americans in the German cities of Hamburg and Dresden, killing at least scores of thousands. Civilian populations being what they are, most of the victims in all these cases were women and children. Causing terror was their explicit goal, in the service of ending the war. Some considered these war crimes, but they were never tried or punished as such. German mass murder of civilians, using different methods, was of much greater magnitude, and was punished.

In part in reaction to the destructiveness of that war, the 1949 Geneva Conventions greatly strengthened the laws defining and prohibiting war crimes and crimes against humanity, including genocide, a term coined to describe what the Germans did to the Jews, but subsequently applied—in a few cases I think legitimately—to other mass killings. It has more often been misapplied. Continue reading