Compass Points - Crimes of Hamas
Marines fight the good fight
October 14, 2023
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Are there limits to war? Is there honor? Or is war nothing but an unrestrained, dystopian, nightmare?
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On foot, on motorcycles, and on a wide variety of vehicles, including paragliders, Hamas launched an attack on Israel. There is worldwide revulsion in response to the abhorrent acts committed by Hamas in their attack. Hamas attacked unarmed civilians -- killing, burning, and raping. Hamas decapitated babies and kidnapped the elderly, women, and children.
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Surprisingly, revulsion at the horrific and gruesome acts committed by Hamas, has not been universal. On the campuses of dozens of major US universities, students have demonstrated in support of Hamas and what they have done. To give just one example, one report from the campus of George Mason University, Fairfax, Virginia, recorded demonstrators chanting,
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They have tanks,
We have hang gliders.
Glory to resistance fighters!
-- Chanting students at George Mason University, Fairfax, Virginia
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Are nations at war free to use any means or methods? Are there limits to what nations at war can do?
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During the 20th century, there were major efforts to have the nations of the world agree to put limits on war.
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Before World War I, the Hague Conventions of 1899 and 1907 were the first modern international agreements to define laws and customs of war on land and sea. Then, after World War II, the Nuremberg trials went further. The American Military Tribunals at Nuremberg defined crimes against humanity,
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Atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated.
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The Nazis who were tried and convicted of committing crimes against humanity were executed.
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After the Nuremberg Tribunals, the nations of the world went forward and adopted the Geneva Conventions and their additional Protocols that contain the most important rules limiting the barbarity of war.
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One of the most important Geneva rules is, "Civilians should not be targeted . . . ."
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Writing for The Jerusalem Post, Yuval Barnea has reported on a trove of secret Hamas war plans.
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American news broadcaster NBC published documents on Saturday recovered from Hamas terrorists killed in southern Israel that show detailed plans to target children and young people from Sa'ad, a religious kibbutz in the Negev desert.
. . . . Documents also contained orders for two highly trained Hamas terror units to surround and infiltrate villages and target places where civilians, especially locations where children are likely to be.
The documents include orders such as "kill as many as possible" and "capture hostages."
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When Hamas attacks, rapes, burns, kills, and decapitates babies, children, women, and the elderly, they are not carrying out acts of war; they are committing crimes against humanity.
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Are there limits to war? Is there honor? Or is war an unrestrained, dystopian, nightmare?
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Targeting, abusing, terrorizing civilians is a war crime. The most charitable thing that can be said about students chanting their support of the Hamas crimes, is the students do not understand what they are chanting.
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As long as nations have been fighting wars, some have worked to put limits on the conduct of war. There are acts in war that are expected and accepted. For example, in every war it is permitted for one uniformed and organized fighting force to battle against another uniformed and organized fighting force. Purposefully targeting civilians and terrorizing civilians is never permitted. Any nation, organization, or unit that targets civilians is violating the laws of war. They are committing crimes against humanity.
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The purpose of war is to win a better peace. Endless war is not the objective. To win a better peace requires restraint even in the conduct of war.
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One Marine General, now retired, used to tell his Marine leaders, "If something is dumb, don't do it. Just don't do it." The things that are "dumb" and must not be done include things that are wrong. Marines are the good guys. Being on he side of good, is part of what makes Marines strong. No matter what happens in war, Marines must do what is right. Marines fight the good fight.
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Always and anywhere, war is terrible. The illustrious battle history of the Marine Corps is not a history of violence. Any criminal or terrorist can be violent. Marines use controlled, targeted, disciplined, and lawful violence to overcome evil and win a better peace.
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The criminal acts of Hamas shock the conscious and violate the laws of war. Now, is the time to rescue the hostages. Later, will be the time to try, convict, and execute those who intentionally violate the laws of war.
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Even as new threats emerge in the world, even as new weapons are placed in the hands of Marines, the heart of a Marine never changes. That is why Marines sing,
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First to fight for right and freedom
And to keep our honor clean;
We are proud to claim the title
of United States Marine.
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The Jerusalem Post (jpost.com) 10/14/2023
Hamas top secret documents reveal plan to massacre, kidnap children
The documents were turned over to NBC by Israeli first responders.
By Yuval Barnea
https://www.jpost.com/israel-news/article-768239
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The National WWII Museum (nationalww2museum.org) 09/15/2021
Crimes Against Humanity and the Development of International Law
American jurists in occupied Germany developed international law with the concept of crimes against humanity, then grappled with its meaning.
https://www.nationalww2museum.org/war/articles/crimes-against-humanity-international-law
The rules of war as per the Geneva Convention are clear and adequate. That Hamas was in violation is obvious to even those with limited understanding. The next stages of this conflict most certainly will result in unwanted collateral damage. That will be shamelessly manipulated. The IDF must not become so fearful that they over-compensate and endanger themselves. The coming days will see fierce combat and public relations battles that Hamas and their supporters will seek to exploit. Ignore them and the international media. Do the right things, the right way, for the right reasons.
I am deeply moved by this magnificent essay.
During this time of great menace,
Not only for Israel,
Not only for the Jewish people,
But (in my opinion)
A time of great menace
For all who don't wish to eventually become subjugated by Islamist hegemony,
Your words remained steadfast and strongly committed, more so than most others that I have read or heard, to the principles that matter most to me.
I refer to principles that emphasize honor, truth, fealty to Judeo/Christian values.
Respectfully
Ira Berkowitz