• barsoap@lemm.ee
    link
    fedilink
    arrow-up
    0
    ·
    edit-2
    7 months ago

    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.

    • pyr0ball@lemmy.world
      link
      fedilink
      arrow-up
      0
      ·
      edit-2
      7 months ago

      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?

      • HopFlop@discuss.tchncs.de
        link
        fedilink
        arrow-up
        0
        ·
        7 months ago

        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.

        • bartolomeo@suppo.fi
          link
          fedilink
          arrow-up
          1
          ·
          edit-2
          7 months ago

          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; © Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part

          is actually genocide.