Chutzpah:

The traditional example of chutzpah is someone who murders his parents and then pleas for mercy because he is an orphan.

I can't top that one, but here's one that comes close: being Prime Minister of a country that has violently suppressed its Kurdish minority for decades, and, in an attempt to put down a violent rebellion by Kurdish "militants" in the 1990s, killed an estimated 20,000 people and displaced hundreds of thousands, and decrying Israel's military operations in Gaza as a "crime against humanity." (And it's not, as far as I can tell, as if the current prime minister of Turkey has expressed any regret for his country's recent actions, much less referred past military and civilian leaders for prosecution for "crimes against humanity"; heck, Turkey still hasn't exactly expressed remorse for--or even acknowledged--what it did to the Armenians during WWI.)

cognitis:
I never thought I'd see an educated Jew confusing hypocrisy with a Jewish virtue
1.29.2009 8:05pm
Guest101:
Tu quoque: thou too: a retort by one charged with a crime accusing an opponent who has brought the charges of a similar crime.
1.29.2009 8:12pm
DavidBernstein (mail):
Is there Latin for "what you did may or may not have been a crime, but if you are correct in your assertion that what we did is a crime, then you are guilty 100 times over"?
1.29.2009 8:18pm
BGates:
That should be tu peior, since the crimes of the Turks were much worse than anything Israel has been accused of.
1.29.2009 8:20pm
Thub:
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1.29.2009 8:25pm
Yuiop:
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1.29.2009 8:31pm
ASlyJD (mail):
[Editor: See above. Further such comments will be deleted, and the authors banned. If you're not interested in the subject matter, just go on to the next post.]
1.29.2009 8:36pm
taney71:
Can't wait for the anti-Israel posters to start up again on this one!
1.29.2009 8:47pm
Michael Rappaport (mail):
This string of comments is a perfect example of what Orin was referring to as the problems with comments. David makes an interesting and important point. One may or may not agree with it. But it is surely relevant to putting Turkey's prime minister's comments into perspective. The world judges Israel by one standard and the rest of the world by another. Yet, most of the comments made here are not substantive. They don't add anything of interest. One commentator asks what David expects to accomplish. Well, he is obviously, among other things, providing information so his readers can evaluate the events concerning Israel.

I wonder whether allowing anonymous comments has something to do with their low quality. If people had to use their names, then maybe they would say something substantive or nothing at all.
1.29.2009 8:56pm
CrazyTrain (mail):
Turkey still hasn't exactly expressed remorse for--or even acknowledged--what it did to the Armenians during WWI.

And many American-Jewish groups have lobbied Congress not to acknowledge it either in deference to Israel's "ally" Turkey.
1.29.2009 8:56pm
Thoughtful (mail):
DB: "The traditional example of chutzpah is someone who murders his parents and then pleas for mercy because he is an orphan."

Your example doesn't seen to fit, DB. To complete the analogy, you're describing someone who has killed not only his parents but his entire extended family who then complains that someone else has killed her parents. Perhaps it's not chutzpah but merely a matter of having to be one to know one...Nonetheless, it's still a crime to kill your parents, even if the only one complaining is (also) a murderer.

Of course, countries, like corporations, are not individuals. History does not adhere in the same way. One would be silly to still boycott Denny's, for example, for engaging in racism against customers in the 1980s when today much of their upper management is black. I assume that those running Turkey today are not responsible for the violence that Turkey engaged in 100 years ago. Presumably if President Obama denounced a country for practicing slavery, that country's blogging lawyers could not successfully argue, "What Chutzpah! Obama heads a country that once allowed slavery on a much greater scale."
1.29.2009 9:01pm
einhverfr (mail) (www):
Does this mean that the great friendship between Turkey and Israel will come to an end?

Or is this largely a spat among bothers?

Does anyone think that Olmert and Erdogan (or if this goes on too long either Netanyahu or Livny and Erdogan) won't kiss and make up pretty quickly?
1.29.2009 9:03pm
DavidBernstein (mail):
I agree that whether Turkey exhibited much less concern for human rights and human welfare in fighting its own terrorism problem neither exonerates nor implicates Israel in accusations "crimes against humanity." But if you don't see why it's chutzpah for Turkey to so vigorously attack Israel for its actions given its own, very recent, much worse record, then you don't know what chutzpah means. (In fact, the Turkish p.m. is playing to his islamist constituency, and he knows Israel won't respond in kind because it values its strategic relationship with the secularist Turkish military.)
1.29.2009 9:06pm
ASlyJD (mail):
I'm curious; at what point does a country have sufficient moral authority to denounce the crimes of others? Let's sidestep the issue of whether or not Israel has committed war crimes. The US detained innocent Japanese during WWII. Did we only get the right to say other countries shouldn't detain innocents after we apologized and paid reparations? Is a wrong always able to be denounced even if denouncer is guilty of the crime himself?

The underlying assumption of this post is that Turkey, on the basis of the fresh Kurdish and old Armenian blood on its hands, has no standing to criticize the Palestinian blood on Israel's hands (acknowledging the high likelihood that Israel was justified in bloodying its hands). Even assuming that court of equity principles apply, what would Turkey have to do to have standing for its criticisms, whether Israel deserves them or not?
1.29.2009 9:14pm
jim47:
Don't mistake comments about Israel's foreign policy made by sovereign nations and directed to the international sphere with good faith contributions to a truth-seeking dialogue. Such statements are diplomacy only, and subjecting them to the standards of honest debate only leads to the dissonance you find in Turkey making such a statement.

But I suspect that's the point, isn't it? Basically there is no country who is going to make statements about Israel that reflect truth more than they reflect the national interests of the country making the statement.
1.29.2009 9:16pm
tsotha:
But I suspect that's the point, isn't it? Basically there is no country who is going to make statements about Israel that reflect truth more than they reflect the national interests of the country making the statement.

Yep. It's a cheap way to curry favor with the local Islamists. The Jews have really suffered from not emmigrating to Europe (and elsewhere) and then blowing stuff up when they're offended.
1.29.2009 9:22pm
DavidBernstein (mail):
The old Armenian blood was a gratuitous dig. In the case of the Kurds, the pm is accusing Israel of engaging in crimes against humanity, which logically means that very recent civilian and military leaders in Turkey, some of whom are likely still in power, engaged in what by any objective reckoning would be much worse "crimes against humanity", yet have not been prosecuted or punished in any way.

I wouldn't say that Turkey has no standing to criticize Israel for alleged war crimes. I'd just say it's the height of hypocrisy and chutzpah to do so for domestic political gain while neither expressed remorse for its own recent war crimes (assuming they were such, but the Turkish pm's comments would necessarily assume such), nor punishing those responsible, nor, for that matter, doing anything to my knowledge to stop it from happening again.

Indeed, Turkey has been bombing Kurdish "militants" in Iraqi Kurdistan off and on for months.
1.29.2009 9:28pm
cognitis:
Rappaport:

That Professor Bernstein selected Turkey's alleged violence against Kurds and Armenians detects the fallacy in his argument: Ottoman Empire contained Palestine. The careless observe the Ottoman Empire's violent occupations of Kurdish district and Armenia to be similar to Israel's violent occupation of Palestine, but Armenians and Armenia are not the same as Palestinians and Palestine; as Ottomans could have had a cause for occupation of Armenia disparate to Israel's of Palestine, compare not Israel's occupation today to Ottoman's occupation of Armenia or Kurdish district but instead to Ottoman's occupation of Palestine.
1.29.2009 9:55pm
einhverfr (mail) (www):
tsotha:

If you follow the history of Erdogan's comments, he has been fairly consistent (if hypocritical) about the plight of Palestinians. His comments have, however, generally been a bit more savvy (comparing, for example, the plight of Palestinians today to the plight of Jews under Isabella and Ferdinand).

I don't think Erdogan is serious about such allegations. These are largely ways to address political pressures at home. However, I think Erdogan is serious about a real solution to the conflict and like many of us is quite frustrated with the cycle. A secondary element is that this shows how bad Israel looks in cases like this.

There are other elements too. Turkey has been very much involved in trying to settle the Golan issue (which I would expect to take center-stage again once Netanyahu is elected), and this military action has set that back. So I am sure there are other reasons Turkey is frustrated. They do want credit for their role in solving a long-standing conflict in the region. But a little patience can go a long way....
1.29.2009 10:02pm
NTB24601:
I'm proud our leaders would never display such unmitigated chutzpah.

"Bullying and intimidation are not acceptable ways to conduct foreign policy in the 21st century." President George W. Bush to Russia regarding the conflict in Georgia, August 15, 2008.

Oops.

I suspect that a certain amount of hypocrisy or chutzpah, whatever you want to call it, is an unavoidable part of all foreign relations.
1.29.2009 10:05pm
ASlyJD (mail):
I'll agree that Turkey's words and actions are odious and smack of hypocrisy. But the underlying question remains: if this is a case of the pot calling the kettle black, does the pot have to be cleaned before it can make the call? Could the US have chastised the USSR for its concentration camps after the US WWII experience without being hypocritical?

Admittedly (to mix a metaphor) Israel's sins are scarlet in the eyes of the beholder, thus making the pot's call questionable. But if Turkish leaders genuinely and honestly feel that Israel's actions were egregious in a way their own actions were not (admittedly, a ridiculously big if), shouldn't they have the right to make that call?

Finally, can I excuse all my tangential insults with "it was a gratuitous dig"? It would be nice if law profs would lead we lowly 2Ls by example. "Train up a law student in the way he should go, and when he is old he will not depart from it" and all that.
1.29.2009 10:08pm
TGGP (mail) (www):
I'd agree that Turkey doesn't have any position to complain but I'm a bit uncomfortable making the current PM stand in for his predecessors. Their current actions may be better to point to.

For a defense of Turkey's actions against the Armenians from a westerner, see here. A rare find, since the Turks are too busy denying such an event ever occurred to give their side of it.
1.29.2009 10:12pm
Ricardo (mail):
I saw Bashar al Assad interviewed on BBC a while ago where he complained about how Israel was lobbing shells in densely populated areas and killing lots of civilians. It's ironic because the President is surely aware that his father ordered the brutal siege of Hama, where many Muslim Brotherhood members were operating out of, in which the town was largely blown to bits by shells and in which at least 7,000 people died. Some place the number of dead as high as 40,000. Killing lots of civilians in order to put an end to Islamic fundamentalist movement is OK as long as the people doing the killing are fellow Muslims I suppose.
1.29.2009 10:35pm
Ari8 (mail):
The Armenians don't help themselves by insisting that it be referred to as a "genocide," when I think reasonable historians disagree as to whether it's better classified as such, or more as gross/willful indifference to human life on the part of the Turks. As a practical matter, it makes no difference--same victims, same perpetrators, same number of casualties. But the Armenians are invested in the genocide narrative, and a huge hullabaloo is raised whenever any historian, though acknowledging the scope of the tragedy, suggests that it doesn't meet the technical definition of a genocide.
1.29.2009 10:49pm
cac (mail):
Ari8, the technical definition of a genocide is actually quite misleading. Aboriginal groups in Australia can make quite a good case that the forced removal of half caste aboriginal children with the intent of breeding out the aboriginal race was "genocide". I suspect they may be right from a legal perspective but anyone who regards what happened to the Armenians as a lesser violation of human rights has an interesting moral perspective.

Incidentally, I don't agree with you about the Amenians: the Turks were trying to remove a troublesome race they saw as disloyal by exterminating and expelling them. The fact that there are still quite a few Armenians around doesn't make it any less a genocide than the continuned existence of Jews.
1.29.2009 10:55pm
SecurityGeek:
As someone descended from people who were chased out of their homes by the Turkish army in 1974, I find any mention of the Palestinians by the Turks almost too ironic for comment. In fact, the mass import of people to create "facts on the ground" in Cyprus is the Turkish doppelganger of the Israeli settler movement.

It's sad that the US supports both of these allies in their attempt to redraw national borders through mass migration. Is that the point you were making, Professor?
1.29.2009 11:07pm
tvk:
As several commentators have been saying, I don't think this is a good example of chutzpah. As I understand the phrase, it connotes complaining about a state that you had a hand in bringing about. So it would be chutzpah for Turkey to complain about Gaza if, for example, it sold Israel the weapons it used, or trains Israel's army. But simply noting that Turkey has its own fair share of oppression is a standard charge of hypocricy or a tu quoque defense. Not that there is anything wrong with the tu quoque defense as a moral proposition--let he who has not sinned cast the first stone. But chutzpah is a somewhat different concept.
1.29.2009 11:12pm
DavidBernstein (mail):
TVK: Alas, you don't understand chutzpah. Dictionary.com has serviceable definitions. While complaining about a state that you had a hand in bringing about can be an example of chutzpah, that hardly exhausts it.
1.29.2009 11:24pm
LM (mail):
tvk,

I understand "chutzpah" to mean something along the lines of "shamelessness." Your example and DB's both qualify.


ASlyJD:

I'll agree that Turkey's words and actions are odious and smack of hypocrisy. But the underlying question remains: if this is a case of the pot calling the kettle black, does the pot have to be cleaned before it can make the call?

No, of course not. The black pot just invites opening the additional subject of its own hypocrisy. The questions are separate, and each stands or falls on its own merits.
1.29.2009 11:30pm
Nathan_M (mail):
It's the Turks behaviour more run of the mill hypocrisy than chutzpah? There's a delicious manipulativeness about begging for mercy for a situation you intentionally created that's missing from the Turks mundane (albeit disgraceful) lack of contrition for their own crimes against humanity.
1.30.2009 12:01am
Harry Eagar (mail):
What 'terrorism problem' did the Turks have, Professor?

You don't accept that Kurds are entitled to a homeland of their own, where their ancestors lived for thousands of years?

You are exhibiting chutzpah.
1.30.2009 12:20am
TokyoTom (mail):
How fortunate for Israel that its defenders like David can find chutzpah in Turkey, and anti-semites in the Phillipines!

So much easier than actually examining Israel's actions and whether they are productive or merit criticism.

This shell game of diverting attention can go on indefinitely, as the world seems full of people with chutzpah and downright anti-semites. As for chutzpah, what right does anyone in the US have to criticize Israel, anyway? Just look at all the blood we have directly spilled - or triggered the spilling of - in Iraq and elsewhere.

Maybe a libertarian would point out how leaders love to curry domestic favor at the costs of the lives of others, and that it is hard to attribute such lives - or chutzpah - to every individual, but there don't seem to be too many libertarians on these threads.
1.30.2009 12:39am
neurodoc:
Thoughtful: I assume that those running Turkey today are not responsible for the violence that Turkey engaged in 100 years ago.
Few Holocaust Deniers had any responsibility for the Holocaust, but that surely is neither here nor there for these purposes. Those running Turkey today continue to deny their country's horrific massacre of Armenians, one that Hitler himself duly noted and found "inspiring". Those running Turkey today not only deny that massacre, but they persecute those of their countrymen who openly deplore that massacre and the ongoing persecution of Kurds. How surprising that someone fancying themselves a thoughtful person would fail to appreciate this.
ASlyJD: Even assuming that court of equity principles apply, what would Turkey have to do to have standing for its criticisms, whether Israel deserves them or not?
Isn't a fundamental principle of courts of equity that the party seeking redress should themselves have clean hands? Acknowledging responsibility for a great crime, the massacre of Armenians on a huge scale, and ceasing and desisting from the commision of further grievous crimes, continued persecution of Kurds, would be a good beginning for Turkey, don't you think?
1.30.2009 12:44am
Michael B (mail):
It was a highly revealing sixty minutes (youTube). Peres was entirely justified with his remarks, in fact he was restrained given the tone of the other three speakers, especially Erdogan and Moussa. (The entire sixty minutes is worth watching and listening to.)

Ban Ki-Moon, Sec-Gen of the U.N., began by presenting a one-sided summary of what had occurred in Gaza, noting only briefly and in a token manner that Hamas - which has fired rockets, mortars and other munitions into Israeli civilian centers since 2001/2002 - should refrain from firing those rockets into Israel, but largely focusing on Israel's actions more recently.

Then, Erdogan presented his own summary of what has been transpiring in Gaza/Israel, with a far more biased account, while promoting himself as being disinterested, excepting for his humanitarian concerns (sic).

Amre Moussa, Sec-Gen of the Arab League, continued in essentially the same vein as Erdogan. The one-sided quality evidenced by both these speakers was, to be over-kind, pronounced; to be less kind, they indulged a rank duplicity in their telling of events.

Finally, Shimon Peres was allowed to speak and he spoke forthrightly, at one point reading simply and directly from Hamas's founding charter, then reviewing the effects of the rocket, mortar and other attacks over the last seven (7) years, then recalling the 2005 pullout from Gaza, rendering all of Gaza Judenfrei. Peres took note of other, similar facts and if he can be faulted in anyway whatsoever it might be in the fact he raised his voice more than needed at times, though beyond that he was quite eloquent, speaking to the history forcefully, which is precisely what was needed at that point, in that environment.

Peres should be roundly applauded, he was the sole, truly honest and forthright speaker among the four panelists.

Erdogan resented Peres's forthrightness and reacted, in part by quoting from a notoriously disaffected Jew turned anti-Semite, Gilad Atzmon. Erdogan, at the end, put on a repulsive show, though he was applauded it was in fact a repulsive showing.

(Also, Andrew Bostom has a brief, revealing summary of what occurred.)
1.30.2009 2:16am
neurodoc:
Michael B: Then, Erdogan presented his own summary..., while promoting himself as being disinterested, excepting for his humanitarian concerns(sic).
Speaking of summaries of what has been transpiring in Gaza/Israel, with a far more biased account, while promoting himself as being disinterested, excepting for his humanitarian concerns (sic)...

How about Muammar Qaddafi's preposterously earnest calls for a one-state resolution of this conflict, which appeared last week in the International Herald Tribune and NYT. I could shake my head in disbelief at what I see some fool/knave contributor to Wikipedia called a "nuanced editorial."

(BTW, thanks for the link.)
1.30.2009 2:52am
one of many:
With due respect to all the people of Turkey, and especially Erdogan, I cannot accept this as being truely an example of chutzpah. Chutzpah has an element of boldness and daring to it, and quite frankly that is missing. IF (that's a big 'if') Turkey were to face serious repercussions from it's Kurdish policy then Erdogan's remarks would be chutzpah, but since the Cyprus situation causes more problems for Turkey than the Kurdish situation and that's not very much, Turkey risks too little for it to be chutzpah. No risk, no daring, no chutzpah.
1.30.2009 4:38am
progressoverpeace (mail):
The basic problem is not the hypocrisy of Turkey but normal people's refusal to understand that morality and war don't mix. They never have and they never will.

The whole idea of war crimes is insane. People have this desire to treat war as regulated event in which the goals are predetermined for each side, and those goals cannot include the most successful ever used - unconditional surrender - since the West decided to declare illegal all successful tactics of WWII (after they had been so successful and generated the greatest and most productive peace ever seen on Earth, not to mention turned the enemies into staunch, trustworthy allies for over 50 years). Brilliant and so in touch with reality ... This was, of course, not very different than calling WWI "The War to End All Wars", as another hope that we would not find ourselves forced to resort to the same sort of destruction, again. But, some things the West seems to have a very hard time learning, even after having stood toe-to-toe for decades in a Cold War that held the standing threat of the incineration of every single man, woman, child and pet of the enemy (and still today!).

So now we have moralizing in wars of today. That would be comical in itself, if it were not stretched beyond the pale by the fact that individualistic societies wrote these rules and somehow think that they apply equally to tribalistic societies (not that those societies are ever held to them, but only that individualistic societies fighting the tribalistic ones are held to the rules). Talk about arrogance and stupidity.

And now we are faced with suicidal enemies, something that we had only barely encountered with the Japanese in WWII. But this set of enemies (the arab/persian/muslim world) is quite different from the Japanese. They are more suicidal and have used scorched-Earth tactics for millenia. We got to see a little bit of this back in 1991, when Saddam Hussein intentionally dumped 40,000,000 barrels of oil into the gulf (without a peep from the left about the world's most massive "environmental crime" in history) and then went on to light just about every single oil well in Kuwait on fire (also without a peep from the left, who would have been lynching all of Exxon for far less). These cultures are quite different from ours. Individual life and death are valued quite differently. And very few in the West seem even interested in acknowledging this. Suicide bombers don't appear out of the aether. They come from certain cultures and represent only the small, individualistic part of a very large, tribal tactic that is typical of desert, arab culture and has been spread with the formalization of that culture in islam.

Yes, the Turks are amazing hypocrites and liars. Is that news? Has anyone been paying attention to those cultures? The problem is not with them, since they are just acting as they have always acted, but with us, who take their plays at moralizing seriously and lend their accusations credibility.

But reality and the delusional abstract world created after WWII (pushed exponentially forward after the fall of the USSR) are coming into direct conflict and that is going to be very ugly.
1.30.2009 4:59am
ERH:
I guess Bernstein thinks the US can't lecture anyone about racism either.
1.30.2009 8:15am
Sarcastro (www):
Oy, the Red Badge of Chutzpah.
1.30.2009 8:44am
neurodoc:
one of many, I take your point that boldness and perhaps daring make for the most vivid examples of chutzpah, like the surely apocryphal fellow who murdered his parents, then pleaded for mercy because they were now an orphan. (The Menendez brothers might have been real life examples, but they never owned up to what they did, and hence couldn't plead for mercy, right?) But I don't think either boldness or daring, and especially not the latter, are essential components for chutzpah. (Must there be some degree of self-awareness to have hypocrisy, or does that only make hypocrisy more galling?) So, I wouldn't deny Erdogan recognition for his chutzpah, though to be sure there are more shocking examples out there.

**************************************

progressoverpeace, I would tell you what yesterday I told JonathanFromTelAviv in another of these DB threads about the fighting in Gaza. That is, you make good points and shouldn't undercut them with needlessly exaggerated claims, like "The whole idea of war crimes is insane."

It would not have contravened all notions of morality if the Allies had like the Japanese done horrifying medical experiments on prisonsers, e.g., those entailing vivisection, in the course of prosecuting the war? You wouldn't have us call out the perpetrators of such as war criminals, distinguishing them from their compatriots who fought with at least a modicum of honor? It would only be "victors justice" to prosecute those responsible as "war criminals" rather than putting them in the docks as people whose crimes happened to be committed during the course of an armed conflict? (I'm purposely leaving out the Holocaust here because it might be argued that while it was the ultimate in depravity, it wasn't part of WWII itself.)

About the moral "asymetry" between the parties to the conflict under discussion here, I think you are dead on. ("Tribalistic" might draw some quibbles, but like "Islamofascism" it works for me as a reasonable, if not precisely correct, descriptor.)
1.30.2009 8:55am
neurodoc:
Israel is evil post #5980, I do appreciate your efforts, but try not to be quite so over the top lest you completely give yourself away as a double agent. (If you are in fact a neo-Nazi or other variety of avowed antisemite, forgive me for doubting you and please do continue with the lunatic raving.)

["First Israel's evil lost the alliance with Iran, with devastating result." How is that to be understood? Hasn't Evil been in power since 1979 in Iran, and wasn't it the advent of that Evil that ended the alliance between Iran and Israel? Really, this is too cockamamy to find much acceptance even among the legions of Israel haters and bona fide antisemites of the type I think you are pretending to be.]
1.30.2009 9:06am
Oren:

since the West decided to declare illegal all successful tactics of WWII (after they had been so successful and generated the greatest and most productive peace ever seen on Earth, not to mention turned the enemies into staunch, trustworthy allies for over 50 years)

How can you be so sure that the last 50 years of peace can be attributed to the use of those tactics and not their condemnation since (or perhaps any number of other things)?
1.30.2009 9:11am
Sergei Zhulik (mail) (www):
(Shameless Self-promotion)

To any interested VCers: As you may know, I'm starting to become a regular around here. And, if any of you care to hop over to my site (since you all seem to be contributors to a great comment culture) feel free!

http://sergeizhulik.blogspot.com/
1.30.2009 9:19am
neurodoc:
ERH: I guess Bernstein thinks the US can't lecture anyone about racism either.
I doubt he thinks that, if only because the US is by no means a great exemplar of racism, falling well short in that department when compared to those it might lecture on the subject. And don't you think Obama could do a credible job of it?

But in any event, France has for years been the perennial winner of the prize for chutzpah for lecturing others on their failures to stand for liberte, egalite, and fraternite. Who could we put forward as the equal of LePen -Pat Buchanan, who never got all that far in his pursuit of the presidency?
1.30.2009 9:23am
neurodoc:
I should have been more specific and said, "for lecturing the United States on its failures to yada, yada, yada..."
1.30.2009 9:26am
Michael B (mail):
Anonymous presumptively sneering commenter # 5980,

You might acquaint yourself with the history and the larger set of facts, such as the enculturation of hatred from pre-school ages and forward (v., e.g., here and here and here), such as the fact that Hamas launches their munitions from within civilian populations in a systematic attempt to gain MSM/propaganda support.

"Little" things like that. Though that is merely the barest of beginnings since the systemic, enculturation of hate is effectively an industry unto itself in Gaza and the West Bank.
1.30.2009 9:32am
bornyesterday (mail) (www):
what's the latin for "There's a thin line between hypocrisy and chutzpah"?
1.30.2009 9:34am
Assistant Village Idiot (mail) (www):
Tokyo Tom: "This shell game of diverting attention can go on indefinitely..." Pot, meet kettle. The irony is just too delicious from someone who cannot stay on topic and has to bend the threads to his favorite crusades.
1.30.2009 10:15am
Zoolbia:
I defend civilians against terrorists.

He suppresses freedom fighters.

Israel commits crimes against humanity.
1.30.2009 10:16am
Oren:

the fact that Hamas launches their munitions from within civilian populations in a systematic attempt to gain MSM/propaganda support.

This is quite well accepted by the int'l community (e.g.).

The pertinent question is whether one should continue an assault against such a cynical (and obviously war-criminal) enemy or stay one's hand to prevent the death of innocents. This is especially true considering that, in many cases, Hamas forcibly prevented the evacuation of innocent civilians from their firing areas.
1.30.2009 10:19am
Jim Ison (mail):
Yes. After 100 posts, many just foolish, Orin has at last identified the issue worth discussing rationally. We read that 1300 Palistinians are dead, 13 Israeli. Is this disproportion due to the careless slaughter of innocents, a tactic on the part of Hamas, a deliberate strategy to defeat a mostly invisible enemy, or what? By way of relief about the 'best example of hutzpah' how about the bankers giving themselves 14 billion dollars of bonuses while asking for a bailout? That's hard to beat!
1.30.2009 10:35am
EricPWJohnson (mail):
Listening to the latest leader of Hamas trying to drive the Qataris over here into a hate frenzy (for which they are as usual resisting) I am astonished at the fact that this man actualy is responsible for the deaths of the children.

He has a clear choice - he can go to a negotiating table like any sane country - or this Hamas man can reap literally what he sows

Israel has not made war upon the Palestinians - they have just returned to stop the attacks upon their own innocent people.
1.30.2009 11:37am
Long Legged Mack Daddy (mail):
Israel is used to criticism. And Turkey certainly is the most friendly nearby nation. If they have to throw a bone to their citizens who have a problem with Israel on secular or religious ground, they will do it. Israel doesn't subsist on the approval of other nations, and I am sure the leaders didn't really take it personally.
1.30.2009 11:52am
New Yorker:
Is it also an example of Chutzpah when the United States criticizes the violent acts of other states even though the United States has engaged in those acts itself? (See the Nicaragua Judgment of the ICJ).
1.30.2009 11:57am
BobDoyle (mail):
Jim Ison: How many of the gang members who are attacking you, say, in a subway station, are you permitted to kill before the number becomes "disproportionate"?

Let me help you here.

Answer: As many as it takes until they stop attacking you.
1.30.2009 12:28pm
Tom S (mail):
An additional irony is that the irregular forces that "escorted" the Armenians on their death marches--and who perpetrated countless atrocities on the Armenians--were Kurds.
1.30.2009 12:30pm
BobDoyle (mail):
Oh yes, and if they have their girl friends standing around to give them cover, then also as many of them as is necessary until the attack stops!
1.30.2009 12:31pm
Oren:

Jim Ison: How many of the gang members who are attacking you, say, in a subway station, are you permitted to kill before the number becomes "disproportionate"?

This is not the question posed. The question is, how many people other than the guilty parties are your permitted to kill in order to get at the gang members (or, phrased another way, how much care do you need to give that you don't kill random subway passengers).

I tend to agree with DB that Israel was entitled to respond the way she did (although I question the wisdom of that response) but don't be naive and think that only gang members were killed in the latest offensive.
1.30.2009 12:38pm
Oren:

Oh yes, and if they have their girl friends standing around to give them cover, then also as many of them as is necessary until the attack stops!

And if your grandmother happens to be riding the subway that day (suppose the gang members take her hostage and won't let her leave the station), I'm sure you'd be okay with blasting her away too.
1.30.2009 12:40pm
Brian Mac:

This is not the question posed.

In fairness, I'm pretty sure BobDoyle knows it wasn't the greatest analogy. Most likely, he just wants a discussion about beating up subway-users.
1.30.2009 1:08pm
Visiting Lawyer (mail):

which logically means that very recent civilian and military leaders in Turkey,

who are in opposition to the PM, btw, which probably doesn't bother him at all to have them negatively reflected as a result.
1.30.2009 1:15pm
BobDoyle (mail):
If innocent hostages taken by the gang and used as shields happened to get killed while a person defended himself from attack by the gang, the onus and responsibility for the deaths would be ENTIRELY upon the gang. Certainly, nobody whose life is endangered has any more moral obligation to sacrifice themselves to protect hostages intentionally put in harms way than they would have to pay a ransom to kidnappers in order to free a kidnapped person. In fact, the official position taken by many people (and governmental units) is that they WILL NOT pay ransom to kidnappers.

This is not to say that I might not choose to sacrifice myself in certain circumstances, say if it was a choice between my life and my child's, but not for grandma!
1.30.2009 1:17pm
My Middle Name Is Ralph:
Bernstein's post is based on the logical fallacy of analogizing people to countries. The current Iraq government bears little relationship to the Iraq government that committed the crime. By Bernstein's "logic" the USA has no business condemning modern slavery.
1.30.2009 1:23pm
My Middle Name Is Ralph:
Guess I should actually read the link before posting--Bernstein is talking about Turkey instead of Iraq. My bad.
1.30.2009 1:24pm
Oren:
Bob, even if the death of innocents (hostages or just unlucky) is solely the fault of the gang members (quite obviously), I would still advocate a government policy that places a higher premium on not harming innocents than on apprehending wrongdoers. That is to say, one does not have to absolve the gang members of wrongdoing in order to advocate maximal restraint where innocent lives are at risk.

Moreover, it is not the policy of any known governmental unit that I'm aware of to disregard the lives of the hostages and innocent bystanders. Quite the contrary, when a bank robber takes hostages, the police generally act as I've suggested -- they do their best to prevent the loss of innocent lives (as opposed to, say, storming the place).
1.30.2009 1:37pm
New Yorker:
Oren: Your comment ignores basic history. The U.S. certainly disregarded the lives of innocent bystanders when it carpet bombed vast areas of Southeast Asia. Nevertheless, I do not think that the United States is therefore incapable of condemning state violence even though it has perpetrated it itself.
1.30.2009 1:46pm
Oren:
When did I say anything about the US or history?! I was making purely normative arguments!
1.30.2009 1:48pm
Oren:
Ah, my mistake, I was referring to Bob's statement that he doesn't think that agent so the US gov't give heed to hostages. At any rate, feel free to disregard the non-normative parts ...
1.30.2009 1:49pm
davidbernstein (mail):
Oren, your logical fallacy is that as an individual, I am required by law to treat all of my fellow citizens' lives as equal in value. As a nation-state, Israeli is not only NOT obligated to treat the other side's civilians' lives as equivalent to its own, it has the primacy responsibility of ensuring the safety of its own citizens. That doesn't mean that Israel can act indiscriminately and still claim to be on the side of morality, but it does mean that any analogies that compare military action on foreign soil to domestic anti-criminal activity are inherently flawed. IOW, the fact that the Israeli police wouldn't open fire on a dangerous criminal suspect when Israeli civilians are in the vicinity has no bearing on the question of whether Israel should open fire on a dangerous Gazan terrorist when Gazan civilians are in the vicinity. And that's aside from the additional fact that under accepted rules of engagement, if the Gazan terrorist is purposely hiding behind civilians, the consequences are his fault, not the Israelis'.
1.30.2009 1:50pm
New Yorker:
The issue here is chutzpah: Are Erdogan's comments to be disregarded simply because Turkey is itself responsible for massive crimes against humanity? Or are his comments to be approached substantively? Your suggestion was that no known governmental unit has a policy of disregarding the lives of innocent bystanders; I disagree. Despite this, crticism of current atrocities should be discussed for their content. Attacking the Prime Minister of a country itself responsible for such atrocities only perpetuates the lack of any meaningful dialogue.
1.30.2009 1:50pm
wfjag:
einhverfr wrote:

Does this mean that the great friendship between Turkey and Israel will come to an end?

Unlikely. The "friendship" between Turkey and Israel is based on strategic military considerations. The Turkish political scene is largely dominated by various religious organizations (which usually are ethnically based). The Turkish miltary is the guardian of the sectarian tradition established by Attaturk (who, had a lot to do with what was done to the Greeks, Armenians and Kurds).

The military nullified the Turkish Parlement's attempts in the 1990s to end ties with Israel and support its enemies. The Turkish military is concerned about containing Syria (which claims a large chunk of southern Turkey which happens to be rich in water resources) and keeping Iran from becoming too aggressive. When Saddam was in power, the Turkish military alternated between supporting Kurdish rebels which were fighting Saddam and Iran, and trying to suppress them when they became too strong. Turkey has claims on the Mosul area of Iraq (due to claims of the Kurds - which Turkey will likely compromise if the area is recognized as part of Iraqi Kurdistan and a pipeline is built from there across Turkey and not from there and south to Basra). Iran alternately supports the Kurds against Turkey and in Iraq, and suppresses them when they become too stronge. NATO wants to keep Turkey satisfied, since there is no other land route to Georgia and that oil producing areas of Central Asia that Russia cannot easily cut. Also, if (when) it is finally decided to launch air stikes against the Iranian nuclear facilities and ballistic missiles, eastern Turkey would be the place to launch the strikes from.

Robert Kaplan in Eastward to Tartary has an understandable summary of the issues and conflicts (although it's about 10 years old -- unfortunately, given what passes for news and sophistification on international matters in the US and US media, 10 years old is about as recent as one can expect published in English).

As far as apologizing -- given the number of times that Anatolia has been depopulated over the centuries, and the number of groups that have done so, what happened in the early 20th century looks like the norm for the area. The Ottoman Turks are only the most recent ones to do so relatively successfully. There were other tribes in Anatolia when the Armenians and Kurds arrived -- but, we don't here about what happened to them. And, following WWI and the collapse of the Ottoman Empire, the Greeks invaded Turkey and tried to take control of all of western Anatolia (expelling the Turks and everyone else in their path), but were defeated by Attaturk, who then drove nearly all the Greeks out of Turkey.

In addition to the strategic military considerations, Turkey and Israel share the experience of being surrounded by fairly powerful, hostile neighbors, and have within their borders populations related to their hostile neighbors. Israel, however, attracts more press in the US and Europe when it takes military action to protect its national interests.

So, I wouldn't describe the relationship as "friendship." Rather, Turkey and Israel share mutual enemies and problems, which they can more effectively deal with acting in concert than acting alone.
1.30.2009 1:55pm
Michael B (mail):
FYI, if any commenters or readers were influenced by Bob Simon's 60 Minute piece (it aired this past Sunday evening), it was a malformed and corrupt piece throughout.

Here's a review that counters the false premises and other distortions in that report.
1.30.2009 2:14pm
Oren:

Oren, your logical fallacy is that as an individual, I am required by law to treat all of my fellow citizens' lives as equal in value. As a nation-state, Israeli is not only NOT obligated to treat the other side's civilians' lives as equivalent to its own, it has the primacy responsibility of ensuring the safety of its own citizens. That doesn't mean that Israel can act indiscriminately and still claim to be on the side of morality, but it does mean that any analogies that compare military action on foreign soil to domestic anti-criminal activity are inherently flawed. IOW, the fact that the Israeli police wouldn't open fire on a dangerous criminal suspect when Israeli civilians are in the vicinity has no bearing on the question of whether Israel should open fire on a dangerous Gazan terrorist when Gazan civilians are in the vicinity. And that's aside from the additional fact that under accepted rules of engagement, if the Gazan terrorist is purposely hiding behind civilians, the consequences are his fault, not the Israelis'.

Agreed entirely. As I said above, I'm convinced that Israel is justified in taking the actions that she did.

That said, even after accepting that such civilian casualties are entirely the fault of the terrorist, I still feel that I can support a policy in which Israel stays its hand in order to protect those civilians. That is to say, a concern for the well-being of those civilians is not the equivalent of absolving the terrorist of his guilt.

At the least the way I was taught, a mensch doesn't consider whether the other person is guilty when making his decision, nor does he care about who will ultimately take the blame. Rather, a mensch does the right thing.
1.30.2009 3:04pm
davidbernstein (mail):
Oren,

I think basically we agree that Israel shouldn't kill thousands of civilians on the other side to save one Israeli. Nor should Israel forgo killing one civilian on the other side to save one Israeli if the target is a legitimate military one. Beyond that, where to draw the line is not at all clear, and I think ultimately has to reflect the consensus (or as close as you can get) moral judgments of the public the government represents. I.e., how much risk are you willing to allow the government to take with your life to preserve the lives of civilians on the other side?
1.30.2009 3:24pm
New Yorker:

Nor should Israel forgo killing one civilian on the other side to save one Israeli if the target is a legitimate military one.


It is awfully difficult to understand how this statement is legitimate. Could you replace the words Israel and Israeli with Gazan? I suspect such actions taken by any person living in Gaza would nevertheless be characterized as terrorism, and rightly so.
1.30.2009 3:48pm
Michael B (mail):
What took place at Davos is also a microcosm of a certain raw poignancy that has become rooted in varied and sundry locales - largely urban locales - in the west and is beginning to be unleashed further still. The phenomenon in question is not isolated to Gaza and the West Bank, it's not isolated to Hamas, Fatah, Palestinian Islamic Jihad, their state sponsors such as Iran and Syria and their state apologists such as Turkey and member states of the Arab League of States.

N.B., further still, we are presently beyond the "coal miners' canary" stage of this problem. See here for a set of examples, and see here for additional examples. I won't excerpt as the first link should be read in full and the second link is well worth a considered perusal.
1.30.2009 4:07pm
progressoverpeace (mail):
neurodoc,

Thanks for your response. Let me address a couple of good points you bring up:

As to my characterization that the designation of "war crimes" as insane, I am only being partially hyperbolic. I do, in fact, consider the "laws" built around that notion to be quite silly (though insane would be pushing it a bit, not too much though). The real problem was that I did not give a complete decription. Of course, every nation has the right to declare any laws it wants (and then try to enforce those laws, if they can). But what I was talking about with "war crimes" was not so much the laws of any nation, but the idea of globalizing and universalizing the notion that certain types of war are legal and certain types of war are "illegal".

When any nation (or group) launches into a war, it has decided that it would impose its idea of law on the other side, by force of arms. In doing this, it takes on the risk of losing, and thus having the winning side decide whatever it wants about the tactics used to prosecute that war. As Curtis Lemay said, if we lost WWII, our side would have been considered war criminals. The losers are always war criminals to the winners (as the losers were out trying to hurt, fatally perhaps, the winners). That is all "war crimes" come down to. To try and set some objective criteria that clearly defines war crimes is impossible, as we are seeing with the manipulation by our enemies of the attempt to universally define "terrorist" (same sort of idea, really). (And I would note that we don't use the word "terrorist" to define any actual actions, but only as a label to name our enemy - since many are reluctant to be explicit that the arab/persian/muslim world is actively engaged in a war to bring down the West.)

So, as usual in the West, we tend to confuse the difference between labels and descriptions and then get ourselves in trouble by binding ourselves to the wrong notion.

I used the word "insane" to describe the desire to universalize the notion of "war crimes" because I find the general intellectual notion behind it to be quite dangerous and destabilizing and think that those who support the idea of international war crimes prosecutions to be nearing insane in their disregard for reality. I apply the same to people who support the UN, for many of the same reasons. ANy empowered, peerless, competitionless entity is dangerous and should never be allowed to exist. This is a basic notion right out of evolution 101 (not to mention common sense) and those who pursue these empowered, peerless entities need to understand that their childish reasoning is totally unacceptable in the real world and puts us all in grave danger. Even national governments have peers and competition, as people can get up and move to a friendlier nation with a better government if they tire of their own (and we have seen how those governments that squelch such competition, by restricting population flow) have always developed.

I find the move to create empowered, peerless, competitionless global entities to be great threats to all of us and I am intellectually offended by people who support such institutions, even at the theoretical level.

As to your specific example of conducting medical experiments on prisoners, I would agree with you that, if no military advantage was to be gotten out of it (and it is not a surety that such actions would be without military value, in the large) it should not be done. However, I still don't see that as a "war crime" but just a regular old crime as any nation would prosecute its own citizens for without any war going on. If the other side is doing it to our soldiers, then it is just savage behavior but certainly no worse than the larger war waged against us with the intent of destroying our way of life, if not killing each and every one of us.

Most nations use the concept of war crimes, or crimes against humanity, for no reason other than to extend their jurisdiction beyond their own borders and try to hide behind some moral argument in defense of it. When a coutnry goes to war with us, they have brought themselves under our jurisdiction, should we prevail, and their fates should fall under the subjective judgement of our Commander in Chief (and the military) to decide. There is, again, nothing universal about this and it is solely dependent on the actual participants and what they decide in the moment.

I'm skipping a lot of stuff, but, in the end, morality has no place in war. War is to win. Period. One does not need any moral justification to want to continue to survive, freely. This is why nations are supposed to think twice before going to war, especially before going to war with nations that could actually obliterate them with the push of a button. But, the development of war crimes nonsense has taken these risks away and is why we see pip-squeak nations and weak groups attacking others who could end their existence (and those of all their families) in a second. The proof is in the actions we see in the world. The Palestinians, for instance, attack only because they are sure that Israel would never do to them what the Allies did to the Axis during WWII. The Palestinians' only defense is the self-restraint of Israel. The fact that that imperils Israel's continued existence only shows how silly the notion of "legal war" is and how it serves to destabilize the world.

To the "tribalistic" description I used. I find that accurate, though one can use "collectivist", "anti-individualist", or "group-oriented" if they want. As a side note, I call party-oriented parliamentary systems tribalistic, too - as opposed to our individualistic system in the US.

I skipped a lot in the above, but I hope my main points came across.

Oren:

How can you be so sure that the last 50 years of peace can be attributed to the use of those tactics and not their condemnation since (or perhaps any number of other things)?


My explanation to this is above. Condemnation stops nothing. I think world history is replete with examples proving this. I would also say that, if you believe what you are proposing, then why do we have a strategic nuclear arsenal whose only purpose is to incinerate whole swaths of earth, including every living thing in the area, and why has this arsenal formed the backbone of our strategic defense (to this very day)?

Personally, I find it hard to believe that someone would try to argue that the tactics used in WWII did not lead to the peace and prosperity afterwards, but that some sort of internationalization of crime did. In any event, the actions taken during the war certainly didn't preclude any peace - that we can say with 100% certitude - which certainly destroys the modern whining about "hearts and minds". This is whining that has prevailed since WWII (with the exception of the Cold War, for which total annihilation was the game) and it should be noted that we haven't won any war since WWII. So, we have the tactics of WWII and a clear and sustained win, versus the world with "war crimes" and other condemnations of tactics, in which we have won no wars. Along these lines, Israel has never won any wars, either. Israel fights nothing but defenses and has to continue with the same war every ten years, almost losing twice (so far) and with the war coming into Israeli cities for the past two decades, now. And I think we all know that if Israel gives them enough chances, eventually Israel will lose. That's just a matter of Bernoulli trials.
1.30.2009 4:12pm
Harry Eagar (mail):
'I think basically we agree that Israel shouldn't kill thousands of civilians on the other side to save one Israeli.'

Disagree. My position is, no more dead Jews, not one. Enough and never again.

The dead civilians have some responsibility here, even apart from their having chosen Hamas.

Setting aside what some have called my no-tolerance policy about Jew-murder, even if we take Jews out of the picture, progressoverpeace has grasped the big picture. Good intentions are worse than useless.
1.30.2009 5:09pm
neurodoc:
progressoverpeace: To try and set some objective criteria that clearly defines war crimes is impossible, as we are seeing with the manipulation by our enemies of the attempt to universally define "terrorist" (same sort of idea, really). (And I would note that we don't use the word "terrorist" to define any actual actions, but only as a label to name our enemy - since many are reluctant to be explicit that the arab/persian/muslim world is actively engaged in a war to bring down the West.)
There are so many moving parts to what you say that I'm not sure what to make of it.

With the claim "that we don't use the word 'terrorist' to define any actual actions, but only as a label to name our enemy" are you in any way endorsing the notion that "one man's terrorist is another's freedom fighter"? If so, I heartily disagree, finding as I do that an avowal of amorality, if not immorality or just a stupidity.

"The losers are always war criminals to the winners (as the losers were out trying to hurt, fatally perhaps, the winners). That is all 'war crimes' come down to." Simply wrong, the losers are not always war criminals to the winners, and that is not all that "war crimes" come down to.

Do you have any military experience, especially during the course of active fighting? Any familiarity with the ethos of our own military and the more thoughtful members thereof? "Hearts and minds" have no bearing upon the success of insurgencies and counterinsurgencies, so those "whining"(?) about such are fools and/or disingenuous no matter their relevant experience and other qualifications?
1.30.2009 5:43pm
DavidBernstein (mail):
It is awfully difficult to understand how this statement is legitimate. Could you replace the words Israel and Israeli with Gazan? I suspect such actions taken by any person living in Gaza would nevertheless be characterized as terrorism, and rightly so.
Assuming, hypothetically, there is a legitimate government of Gaza, and that government is rightfully protecting its citizens from harm (if you're not acting rightfully, of course you shoudln't kill anyone), and is targeting military targets, not civilians, then of course the Gaza government should treat its own civilian's lives as more valuable than Israeli lives, in determining whether to risk "collateral damage" in striking said military target. The basic function of a nation-state is first and foremost to protect its own citizens.

Let's say 20 years from now, there is a legitimate peaceful, prosperous government in Gaza. A fanatical theocratic Israeli government starts lobbing rockets indiscriminately into Gaza. I certainly wouldn't expect the Gaza government to do anything different than what Israel has done in resopnse, in terms of worrying about civilian casualties, and it would be well within its rights to do less.
1.30.2009 6:02pm
LM (mail):
Oren,

The pertinent question is whether one should continue an assault against such a cynical (and obviously war-criminal) enemy or stay one's hand to prevent the death of innocents.

I agree. But whether or not I'd agree with its conclusions, there's no doubt the Israeli government considers just such questions. What's hard to rationalize are the Israel critics, here and elsewhere (mostly elsewhere), who do doubt that, and who put Israel's alleged disregard for human life on an equal plane with that of its enemies, or worse.
1.30.2009 6:38pm
New Yorker:
Professor Bernstein: I assume the local election in Gaza that Hamas won is not legitimate in your view. Let's assume it wasn't, and let's not dispute the Hamas' designation as a terrorist group. Despite the absence of a legitimate government in Gaza, under your criteria, I fail to understand how Israeli incursions into Gaza -- kidnapping two civilians the day before an Israeli soldier was captured at the border -- is any more justifiable simply because the people in Israel have elected a government.

Second, I do not believe that it has been a consistent policy of the state of Israel to consider harm done to civilians as part of its efforts to secure its own citizens. In fact, senior levels of Israeli leadership have signaled the opposite. Inflicting "heavy pain" on the population in Gaza as a means of slowly persuading them to cease hostilities does not seem to be in line with trying to bring about a peaceful settlement of outstanding political and social issues.
1.30.2009 8:09pm
TokyoTom (mail):
AVP, sorry, but I`m pointing out meta-issues, not trying to distract from Turkey`s chutzpah. There`s a difference between that and how David does his best to avoid examining the merits of Israel`s actions (and of US support for them).
1.30.2009 9:24pm
DavidBernstein (mail):
"kidnapping two civilians"

I don't know what you're talking about. This sounds like a false line Chomsky was pushing in 2006 regarding the Lebanon War, and if so, those "civilians" were not civilians.

I do not believe that it has been a consistent policy of the state of Israel to consider harm done to civilians as part of its efforts to secure its own citizens.
If that were true, Gaza would be completely uninhabitable, and there would be hundreds of thousands of dead Palestinians.
1.30.2009 9:57pm
LM (mail):
That sure was timely.
1.30.2009 10:21pm
progressoverpeace (mail):
neurodoc:

With the claim "that we don't use the word 'terrorist' to define any actual actions, but only as a label to name our enemy" are you in any way endorsing the notion that "one man's terrorist is another's freedom fighter"?


I'm saying that terrorism (however you care to define it) is nothing but a tactic of war. Period. Killing civilians is part of war. It always has been and always will be. If you don't agree, then tell me what justification you can come up with for our strategic nuclear arsenal.

For us to claim that we have problems with AL Quaeda because they are terrorists is silly. Our problem with Al Quaeda (or any of the other groups) is because they are waging war on us, no matter what tactics they use. We still call the Hezbollah attack on our Marine barracks a "terrorist" attack, even though it was a military target. Why? Because we use the term "terrorist" for our enemies, most of whom prefer to use terrorist tactics, but are not limited to them. This also goes back to the 70's when the label "terrorist" got pinned on these groups (though their specialty back then was not in kililing the enemy's civilians, but attacking the civilians of non-participating countries in order to bring external pressure on their actual enemy).

If so, I heartily disagree, finding as I do that an avowal of amorality, if not immorality or just a stupidity.

As I said before, and you obviously disagree with, I don't mix morality and war. You have all the time you want to moralize after the war has been won. But during fighting, the job of our government and military is to protect us, and not to worry about the citizens of other countries. They have their own governments to look after them. Government's first and primary purpose is to protect its citizenry, not to worry about the citizens of others, civilian or not.

progressoverpeace: "The losers are always war criminals to the winners (as the losers were out trying to hurt, fatally perhaps, the winners). That is all 'war crimes' come down to."

Simply wrong, the losers are not always war criminals to the winners, and that is not all that "war crimes" come down to.

The losers are whatever the winners say they are. This is pretty close to a tautology, right?

Do you have any military experience, especially during the course of active fighting? Any familiarity with the ethos of our own military and the more thoughtful members thereof?

What possible impact could these questions have on a theory of war? Our military was pretty darned good in WWII, when they were doing things that people nowadays would jail them for. I guess you think human nature has changed that much in 60 years. I don't.

And I would remind you that JFK went on national TV and threatened to nuke the USSR if Cuba launched a nuclear missile at French Guyana. I don't think that speech would go over very well with those espousing ideas about leaving civilians alone, these days. Also, as I posted before, we have a strategic nuclear arsenal meant to incinerate tens of millions of civilians. Is that arsenal illegal or immoral or whatever you want to call it? You tell me. I am in favor of maintaining it, because I harbor no illusions about war and what must be done in war, when called for.

"Hearts and minds" have no bearing upon the success of insurgencies and counterinsurgencies, so those "whining"(?) about such are fools and/or disingenuous no matter their relevant experience and other qualifications?

I made the "hearts and minds" argument with respect to the immense killing of civilians we did in WWII, while still getting the Japanese and Germans as some of our staunchest and most trustworthy allies after the war. The idea that being ruthless loses hearts and minds is just incorrect, and in fact, all of the evidence we have points to quite the opposite. There are no cases of us being so nice that enemies decided to stop killing us and become our allies, however there are countless cases for the exact opposite.
1.30.2009 10:26pm
Harry Eagar (mail):
'The idea that being ruthless loses hearts and minds is just incorrect, and in fact, all of the evidence we have points to quite the opposite. There are no cases of us being so nice that enemies decided to stop killing us and become our allies, however there are countless cases for the exact opposite.'

You can say that again. The idea that there is no 'purely military solution' is nonsense, and our enemies certainly don't go around saying that.

There is this crazy confusion that the United States is engaged in 'asymmetrical warfare.' Nothing could be sillier. We could, if we wished, engage in asymmetrical warfare to any degree you care to specify. Instead, we have limited ourselves in large degree to fighting a symmetrical battle against people who wish us ill.

And there are plenty of people who want to make it even more symmetrical, to the point that we lose.

Certainly there is nothing moral about losing a war.
1.30.2009 11:27pm
progressoverpeace (mail):
Harry Eagar:

"You can say that again. The idea that there is no 'purely military solution' is nonsense, and our enemies certainly don't go around saying that."

Yep. I am constantly amazed by people who like to parrot that line about there being no military solution. I don't mind them saying it, but I wish they would at least have the intellectual honesty to say that military solutions certainly exist (for the much stronger countries) but that they would rather have our citizens die than kill as many of the enemy's as such solutions would require. Usually these people are surprised to hear that we killed about 10% of the German population and almost 5% of the Japanese population in WWII.

I don't know, at some point people got the idea that war is something that people should be able to watch on TV without feeling sick. Of course, we couldn't even show life saving surgeries on TV without making most people sick, but that never seems to make it into the conversation. Runaway empathy will kill the West, especially as it gets applied to cultures whose individuals react far differently than Westerners do.

"Instead, we have limited ourselves in large degree to fighting a symmetrical battle against people who wish us ill.

And there are plenty of people who want to make it even more symmetrical, to the point that we lose."

I think that Ehud Olmert best expressed this feeling that is pervasive in the West. In one of his greatest statements ever (most shameful and silly, I mean) Olmert declared:

"We are tired of fighting, we are tired of being courageous, we are tired of winning, we are tired of defeating our enemies, we want that we will be able to live in an entirely different environment of relations with our enemies."

Very sad, but that is exactly how many in the West feel, though most Westerners are not tired of winning wars but tired of winning the many other competitions that Man is always taking part in. And they, as Olmert, seem to forget that while it takes two to tango, it only takes one to force a war. Meanwhile, Israel has certainly gotten itself a different environment of relations. I expect to see chemical attacks started against Israel some time in the next few years. That is the next logical step in the progression that has been happening since Oslo.

"Certainly there is nothing moral about losing a war."

Actually, for many guilt-ridden Westerners, they view a loss as the ultimate act of atonement for the great sin of the West having been so utterly dominant in just about all fields of human endeavor. Of course, they don't understand what a loss would really mean (as many of these people still entertain notions of the greatness of the Soviet Union or the honor of Che Guevara) but the fantasy lives in their minds, anyway. But there is nothing we can do about this, as our individualistic culture uses guilt as the main control mechanism and there are just a certain percentage of people who are unable to control their feelings of guilt (like kids who watch horror movies and are then unable to sleep for weeks, due to the creation of ghosts everywhere in their imagination and out of control). Still, individualistic societies are the freeset, most productive and most creative, so I think this is a fair trade. We just can't let them out of their sandboxes, or they can really muck things up.
1.31.2009 12:01am
LM (mail):
progressoverpeace:

Yep. I am constantly amazed by people who like to parrot that line about there being no military solution.

You mean, like David Petraeus?

I don't mind them saying it, but I wish they would at least have the intellectual honesty to say that military solutions certainly exist (for the much stronger countries) but that they would rather have our citizens die than kill as many of the enemy's as such solutions would require.

Yeah, that lying sissy Petraeus sure hates America.
1.31.2009 12:49am
progressoverpeace (mail):
LM,

Please. Gen. Petraeus is speaking as an active duty officer bound to follow the ROE as it is. Along the same lines, you can find many active-duty officers who will also tell you that torture doesn't work, because that is the line that the military takes. It is untrue, but that is what they say.

And if you think Iraq is finished, because of a temporary lull, you know very little about the middle east or how things work there. Iraq is far too wealthy and far too strategic a country to sit quietly and be left alone after US forces leave. But, you'll just have to see that part for yourself.
1.31.2009 1:32am
jukeboxgrad (mail):
pop:

we killed about 10% of the German population and almost 5% of the Japanese population in WWII


To the extent that "population" implies civilians, you are being grossly misleading. It would also be better if you said 'we and our allies.'

And the correct figure for Japan seems to be under 4%.
1.31.2009 10:34am
New Yorker:
Mr. Bernstein: So I guess Israel should be lauded for its extraordinary restraint then. After all you are correct: Gaza would indeed be an uninhabitable wasteland because Israel could easily wipe out the entire human population--and this with the help of U.S. weaponry and either outright support or blind-eye-turning.

Israel, as a responsible democratic state, is under an even greater responsibility to seek out means to protect itself that do not involve the deaths of thousands of Gazans (civilians or otherwise).

And if you believe something is false, or from the mouth of Chomsky, it would be nice--as part of a dialogue--to be referred to a credible source that refutes the statement. We are lawyers after all.
1.31.2009 12:43pm
LM (mail):
progressoverpeace:

Please. Gen. Petraeus is speaking as an active duty officer bound to follow the ROE as it is. Along the same lines, you can find many active-duty officers who will also tell you that torture doesn't work, because that is the line that the military takes. It is untrue, but that is what they say.

So what's your point? Your original claim was that people who "parrot that line about there being no military solution" (like Petraeus did) are dishonest and "would rather have our citizens die than kill as many of the enemy's as such solutions would require." So if Petraeus wasn't the liar who preferred American deaths to those of our enemies, who was? Are you saying it was his commanders, the Pentagon, George Bush?

And if you think Iraq is finished, because of a temporary lull, you know very little about the middle east or how things work there. Iraq is far too wealthy and far too strategic a country to sit quietly and be left alone after US forces leave. But, you'll just have to see that part for yourself.

I never said I thought Iraq was "finished." I believe those claims, again, came from the last administration.
1.31.2009 4:36pm
Harry Eagar (mail):
Petraeus is an incompetent. Bush said, in public and repeatedly, that the force levels would be adjusted to military requirements. They never were, because, if you believe Bush, he was never asked for more.

(Set aside that there weren't any more. That was not the concern of the field commanders. Their duty was to tell the civilian leaders what was needed to do the job.)

If Petraeus is not incompetent then he is not bold enough to stand up for his men. Not to pick on him. The generals and admirals around him aren't any better.

The military is in an acute state of denial. Scads of flag officers keep going public to say that the US must abjure torture because if it doesn't, our foes will torture Americans they capture. Huh? In what Asian war have American POWs not been tortured?

The officer corps took a wrong turn during the Vietnam War and it has never gotten back to the standards of honor and duty that my father, who held the president's commission during World War II, taught me he had been taught.

Whether these people 'want' to have our citizen die is beside the point. Their actions are getting our people killed.
2.1.2009 12:42am
neurodoc:
New Yorker: Israel, as a responsible democratic state, is under an even greater responsibility to seek out means to protect itself that do not involve the deaths of thousands of Gazans (civilians or otherwise).
Even greater responsibility than who/what? Than irresponsible undemocratic nonstate actors?

Can you specify those "means to protect itself that do not involve the deaths of thousands (sic) of Gazans" that you would have Israel employ?

Your concern is not only for the civilians residing in Gaza, but also for the "otherwise"? The "otherwise" would be those smuggling in the rockets and those firing them at Israel's civilians; those seeking to infiltrate Israel to capture soldiers and kill as many Israeli citizens as they can manage; those devoted to the destruction of Israel; etc.?
Mr. Bernstein: ...if you believe something is false, or from the mouth of Chomsky, it would be nice--as part of a dialogue--to be referred to a credible source that refutes the statement. We are lawyers after all.
What exactly are you calling upon Professor Bernstein to respond to? Some vague claim about "kidnapping two civilians"? Did you not see his response ("I don't know what you're talking about.")?

As a lawyer, you surely understand that you are the one with the burden of proof here, and that entails both the burden of production and the burden of persuasion. You assert there was a kidnapping two "civilians" by Israel immediately before Hamas snatched the Israeli soldier. So, produce the evidence and argue its significance before challenging Professor Bernstein or anyone else refute your claim.
2.1.2009 3:55am
jukeboxgrad (mail):
eagar:

the standards of honor and duty that my father … taught me


I wonder if it was him or someone else who taught you to make bogus claims and then duck when challenged (link, link).
2.1.2009 9:34am
jukeboxgrad (mail):
And I guess talking about "honor and duty" after doing so is a pretty good demonstration of chutzpah.
2.1.2009 9:35am
Oren:

Speaking of ignorance, we're still waiting for you to explain why you implied (see here) that Truman's acts during WWII were subject to the 1949 GC.

Why wouldn't he bound by a treaty that he himself would sign in the future?
2.1.2009 11:40am
jukeboxgrad (mail):
Good point. I didn't think of that. I need to try to be more imaginative.
2.1.2009 1:12pm
Harry Eagar (mail):
You are contending that the GC has ever been observed in Asia with respect to US prisoners?

It hasn't. Not ever.

The Geneva Convention is a myth.
2.1.2009 2:33pm
jukeboxgrad (mail):
eagar:

You are contending that the GC has ever been observed in Asia with respect to US prisoners?


Thanks for that feeble attempt at trying to direct attention away from your original comment (see here and here), which implied that Truman's acts during WWII were subject to the 1949 GC, and which had nothing to do with whether or not "the GC has ever been observed in Asia with respect to US prisoners."

Here's what I'm "contending:" that you made a transparently bogus claim and are now spinning like a top in a pathetic attempt to avoid responsibility for doing so.
2.1.2009 2:53pm
New Yorker:
Neurodoc: It's not much of a leap to say that a state, particularly a responsible democratic state, has an increased responsibility to seek out peaceful means to settle political problems. When a group of men and women as representatives of a people are vested with the duties and obligations of acting under the umbrella of state power, they have a moral responsibility, above all, to adhere to international law norms and customs recognized by most nations. I understand that many may dispute this suggestion. But that does not diminish the fact that a great number of people subscribe to this philosophy of state, and are willing to advocate it quite publicly.

As for my comment about about two kidnapped Gazans, this was reported by the Associated Press on July 26, 2006. Prof. Chomsky also repeated the claim, so if his statement is false, I would like to see how. Moreover, statements by former Israeli leaders confirm my view that, by and large, Israel has merely given lip service to the notion of sparing civilian life. And no -- I don't believe organizations like Hamas or Hezbollah seek to spare innocent human life. But does this mean the Israeli leadership should not only stoop to the same level, but see their violence and raise it?

Let's remember that Prof. Bernstein initiated this comment string by bemoaning Erdogan's chutzpah. I can only assume that Bernstein's view is that Erdogan's comments might as well be disregarded because Turkey itself is responsible for massive atrocities. I think most states have committed atrocities in some form, but I don't think this means Erdogan has any particular chutzpah for taking issue with Israeli government behavior.
2.1.2009 6:39pm
progressoverpeace (mail):
New Yorker:
And no -- I don't believe organizations like Hamas or Hezbollah seek to spare innocent human life.

Wow. You're really going out on a limb here ...

But does this mean the Israeli leadership should not only stoop to the same level,

Well, I like the way you portray the inferiority of the Palestinians' own chosen representatives and the course that the Palesinians, themselves, are much in favor of (STOOP to the same level). Thank you for your honesty on this (unlike that joke of an admission above).

but see their violence and raise it?

Er ... yeah. That's what happens in wars. The Palestinians knew what Hamas wanted to do and they voted for them, in droves. They will have to suffer the consequences of their decisions, and that is aside from the fact that Israel's only responsibility is to Israeli citizens, not pals who want to kill every Jew they can get their hands on.

Yes, in war you see the violence of the enemy and, if needed, raise it by such an amount that they never think of resorting to it, again. That is the risk the enemy takes and they must be made to understand that. But, by the way you are proposing wars should be fought, no one suffers any real consequences for starting wars and behaving in such a way that a normal society would have to "stoop to their level". Your sort of thinking is what drags wars on for extended periods of time ... until the barbarians (whose level has not been stooped to by the civilized people who are under attack) finally win. Great strategy, there.
2.1.2009 6:58pm
LM (mail):
New Yorker:

When a group of men and women as representatives of a people are vested with the duties and obligations of acting under the umbrella of state power, they have a moral responsibility, above all, to adhere to international law norms and customs recognized by most nations.

"[A]bove all"?

I like international law more than most around here, but even I don't think it will have much future if people start insisting governments heed it above the survival of their own citizens.
2.1.2009 11:37pm
neurodoc:
New Yorker: Neurodoc: It's not much of a leap to say that a state, particularly a responsible democratic state, has an increased responsibility to seek out peaceful means to settle political problems...yada, yada, yada...
I asked you quite pointedly, "Even greater responsibility than who/what? Than irresponsible undemocratic nonstate actors?" You won't answer. So, we are left to conclude that you do in fact mean that Israel is obliged to restrain its efforts to defend itself and its citizen in the face of existential attacks by its enemies, among them Hamas and Hezbollah. And you would have the US do the same in response to attacks on it by similarly irresponsible undemocratic nonstate actors"?

You may think you are espousing morality; I think you are espousing fatuousness, if not worse.

New Yorker: As for my comment about about two kidnapped Gazans, this was reported by the Associated Press on July 26, 2006.
You still haven't shoulder your burden of proof. Provide us with links or more details and tell us what significance you and/or Chomsky claim for them. That would be the lawerly thing to do, don't you think? ("We are lawyers after all.")
2.2.2009 7:42am
neurodoc:
New Yorker, please forgive the personal, but I can't help observing that you easily qualify as one of Lenin's "useful fools." And the realization that you and those like you are so enthusiastic about the advent of Obama causes me greater concern about our collective safety than would lesser enthusiasm. (Of course, the choice came down to a binary one and much else went into it, so perhaps not as meaningful as would have been had we had more and better ones.)
2.2.2009 7:55am
neurodoc:
This op-ed from today's (2/2) Washington Post puts Mr. Erdogan and his remarks in some perspective.

http://www.washingtonpost.com/wp- dyn/content/article/2009/02/01/
AR2009020101672.html
2.2.2009 8:26am
progressoverpeace (mail):
Washington Post (from above link):

Turkey is a special Muslim country. Of the more than 50 majority-Muslim nations, it is the only one that is a NATO ally, is in accession talks with the European Union, is a liberal democracy and has normal relations with Israel. Under its current government by the Justice and Development Party (AKP), however, Turkey is losing these special qualities. Liberal political trends are disappearing, E.U. accession talks have stalled, ties with anti-Western states such as Iran are improving and relations with Israel are deteriorating.


You know, I find it to be absolutely amazing that the WaPo can write this, calling Turkey a "liberal democracy" when the Turkish Constitution gives the Turkish military supreme power over the civilian government and is, in fact, charged with the responsibility of exercising that power whenever it thinks that islam is threatening the secular state (as is happening now, once again). This sort of power structure is, of course, anathema to the Western notion of "democracy", let alone "liberal", and is one of the major reasons why Turkey is having such problems getting into the EU. But you'd never know this if you went by the way Westerners generally talk and write about Turkey.

It is an interesting side note that the Turks have long understood the political ambitions and drive of islam (which is really a political ideology with an attendant mythology), while the West denies this fact over and over.
2.2.2009 8:40am
TokyoTom (mail):
The article about changes in Turkey are troubling, but somewhere, OBL is smiling.
2.2.2009 9:53am
New Yorker:
Neurodoc: When you respond to a post with 'yada yada yada' I feel it's probably time to move on.

Overall point is this: these discussions are terribly blighted by those on both sides who see the issue only through terribly biased spectacles. As a matter of fact, I do not have much more faith in Obama than I did with any prior U.S. government -- but your attempt to try and pigeon hole me is understandable. The key for me will be to see the United States act as an honest broker. Israel does have an increased responsibility in my view, after all they have the significant benefit of using American weaponry to help protect them -- and under international law principles they have the backing of norms and customs enabling them to act by force in certain cases. Since the elected Hamas leaders in Gaza and the West Bank are illegitimate in your view (due to their ideology, not their vote-getting) they do not even enjoy that kind of status.

This is why I have decided to comment here, not because I have a personal dog in this fight (as I am neither Jewish nor of Arab descent) but because I am an American interested in seeing the U.S. act as a fair and honest mediator.

But thanks for calling me a fool :)
2.2.2009 10:16am
Yankev (mail):

You know, I find it to be absolutely amazing that the WaPo can write this, calling Turkey a "liberal democracy" when the Turkish Constitution gives the Turkish military supreme power over the civilian government and is, in fact, charged with the responsibility of exercising that power whenever it thinks that islam is threatening the secular state (as is happening now, once again).
That's because when a Muslim nation does it, it doesn't count. The WaPo and the NYT will continue to sound the alarm over REAL threats to democracy, such as using non-private cell phone information to track terrorits movements, using wire transfer information to track and interdict the movement of funds by terrorists, and eavesdropping on overseas calls placed by terrorists where one party to the call is in the US and the other is not.
2.2.2009 11:54am
Yankev (mail):
Neurodoc, the comment period on "International Law and the Gaza Conflict, Redux" has closed, but now that you have thirded Richard Aubrey's observation, I will second your final comment on that thread.
2.2.2009 11:57am
cognitis:
The blogger ascribes chutzpah to Turkey's prime minister Erdogan; does the blogger err in doing so?Chutzpah, Hebrew word as rendered with Roman letters, denotes a collection of traits extracted from Jews' tribal history sui generis; Jews alone have been continuously degraded and expelled and dispossessed and exterminated and excluded for over 2000 years, and from this Jewish singularity developed the singular Jewish trait denoted by chutzpah. The blogger then does err in ascribing chutzpah in a general way to Erdogan.
2.2.2009 1:14pm
neurodoc:
New Yorker: But thanks for calling me a fool :)
Again, I regret the personal, but it really is tiresome to go around and around with someone who chides others for supposedly failing to produce and argue evidence ("We are lawyers after all."), while failing to do that themselves. We still wait for you to inform us as to the details of those "two civilians," since it seems you believe there to be something there and would have David Bernstein respond to it.

New Yorker: Israel does have an increased responsibility in my view, after all they have the significant benefit of using American weaponry to help protect them -- and under international law principles they have the backing of norms and customs enabling them to act by force in certain cases. Since the elected Hamas leaders in Gaza and the West Bank are illegitimate in your view (due to their ideology, not their vote-getting) they do not even enjoy that kind of status.
You are supposed to be proving up your case, not making mine.

The Israelis have American weaponry, as well as their own which they have designed and manufactured. But their enemies have never lacked for weapons with which to attack Israel and its citizens, including the great number of rockets that Iran has been supplying them. You are free to think whatever you wish ("Israel does have an increased responsibility in my view"), but can you make a persuasive case for what you believe? You have gone on for a very long time without doing so.

If "legitimacy" is all about the number of votes garnered, then Hamas may be seen as more legitimate than the Nazis were, since a greater percentage of Palestinians voted for them than Germans did for the Nazis. And no, I don't think their "status," or anything else for that matter, makes their attacks on Israel in any way justifiable. But again, you are free to see Hamas (and Hezbollah?) as deserving of some measure of respect, deference, or whatever it is you want to accord them, no matter their ideology (a Nazi-like desire to dispose of Jews), because in a one-man-one-time vote they outpolled their Fatah rivals.
2.2.2009 1:25pm
Harry Eagar (mail):
progress nails it again. Turkey is not only not a liberal democracy, it isn't any kind of a democracy. It is a disguised military dictatorship.

The Turks are allowed to have sham elections and the parties can then maneuver within whatever degree of latitude the army decides to allow them.

If the parties transgress, the army overthrows the government, as it does every few years.

Nowadays, the degree of movement allowed to the government is less than ever, because the army has not budged from its secularist position, but the electorate has recovered from the shock of Ataturk and is reverting to illiberal Muslim limits.

It cannot be fun to be a Turkish prime minister and I am sure that abusing Jews takes some of the strain off.
2.2.2009 1:35pm
Yankev (mail):

If "legitimacy" is all about the number of votes garnered, then Hamas may be seen as more legitimate than the Nazis were, since a greater percentage of Palestinians voted for them than Germans did for the Nazis.
While we're at it, how many Cubans voted for a communist government to take over their country? How many russians? Ukrainians? Poles? East Germans? Chinese? Does that mean the US has no right to hold the current or former communist regimes in those countries to the standards of conduct expected of civilized states?

And who elected the house of Saud or the Hashemites?

Amazing on one hand that Israel is accused of trampling democracy for refusing to deal with the elected Hamas government even though Hamas itself refuses to negotiate and has pledged itself to Israel's destruction, yet at the same time Israel is criticised for defending itself because Hamas is not to be held to the standards of a government.
2.2.2009 2:32pm
TokyoTom (mail):
Hamas itself refuses to negotiate and has pledged itself to Israel's destruction


The Israeli critics of Israel whom I've read don't agree with you, Yankev. They point to ceasefires that Hamas has respected while Israel has not kept its side of the bargain.

at the same time Israel is criticised for defending itself because Hamas is not to be held to the standards of a government.


Maybe it's just me, but I thought Israel was being criticized for different things, such as its collective punishment of Gazans, refusal to act on opportunities to bring the conflict to a close by encouraging and rewarding god behavior, and the vast one-sidedness and destructiveness (of civilian lives and infrastructure) of its self-"defenses".

And who elected the house of Saud or the Hashemites?


Good questions. They share similar cynical reasons with Mubarak in wanting to keep an elected Hamas (far cleaner and effective in providing public services) bottled up, which is why they make common cause with Israel.
2.2.2009 9:30pm
TokyoTom (mail):
Yankev, thanks for your comments on the last thread, which I missed the opportunity to respond to.

Yes, many of the Israeli people are wonderful and empathetic - and one of the reasons why the government prohibited Israeli reporters from entering Gaza was precisely not to allow such empathy to influence policy. But on the whole, the State of Israel has Gaza in an economic vice, the vast bulk of humanitarian assistance comes from others, and Israelis either supply goods it allows in or collects duties and fees on those sourced elsewhere. And Egypt cooperates more or less, with the border being officially closed.

The result is intense pressure on Gazans as a whole, and zero economic opportunity - and this is precisely what Israel intends. Do you disagree?
2.2.2009 9:48pm
TokyoTom (mail):
Richard (and neurodoc), although I did hold up a mirror to your own comments on the prior thread, I'm not trolling (and made extensive and completely unaddressed comments regarding a legal analysis of Israel's actions), so I encourage you to aid my understanding.
2.2.2009 10:00pm
cognitis:
Tom:

If you read the cited posts, "neurodoc" uses typical trolling means: rendering incorrectly another's arguments into a strawman, lauding another who consents without having read original argument, among others. You've introduced one of my arguments from cited thread: Israel itself doesn't recognize Hamas as either the representative of Palestinians or the legitimate authority in Gaza; thus Israel defines Hamas as a criminal gang not a sovereign's army; so, by invading Gaza in order to apprehend criminals, Israel alone and not Hamas has the duty of protecting innocents during the invasion. Neither ius ad bellum nor ius in bello governs Israel during the invasion, since hamas is not a sovereign; as war is a contest between sovereigns only.
2.2.2009 10:18pm
progressoverpeace (mail):
TokyoTom:



Maybe it's just me, but I thought Israel was being criticized for different things, such as its collective punishment of Gazans,


It's not just you. There are untold numbers of disingenuous people just like you. As to collective punishment of Gazans, that's war. Israel left Gaza to the Gazans (which was really stupid, to start with - never give gifts to arabs without demanding acknowledgement of the gift from them and something in return) and the Gazans can't help themselves but threaten and attack Israel at every opportunity. They make war, so they are going to suffer the consequences of their actions. Israel's problem is that it has been far too restained in its responses and needs to make the Gazan population feel true pain ... sort of like what we did to Japan in WWII. If the Gazans don't like that, they can stop attacking Israel and causing problems.

By the way, since you seem to know nothing about middle eastern cultures, let me enlighten you about something, suicide bombers are not some strange tactic that appeared out of the aether. That tactic comes from the culture and they exercise the same tactic at the societal level. Arabs fight total scorched-earth campaigns (including themselves in the scorching) and have been doing so for millenia. That is arab culture. The same way that Hamas sends suicide bombers into Israeli cities (when they are able) Gazan society holds itself up as a suicide attacker, daring Israel to kill them and refusing to stop until Israel does.

And it is nice the way you take the concept of an individualistic culture (a distaste for collective punishment) and apply it to a tribal culture that recognizes no problem with anything of the sort. In fact, to tribal cultures, not exercising the sort of punishment they understand just goads them on to fight more.

But, your display is a typical example of liberal "thinking". LOL. ... Well, it used to be funny when the libs were restricted to their sandbox. Now it's just plain dangerous.

refusal to act on opportunities to bring the conflict to a close by encouraging and rewarding go[o]d behavior,


I'm going to give you the benefit of the doubt and assume that you are just trying to make a joke, here. "rewarding good behavior" ... ROFLMAO! What good behavior could you possibly be talking about? In fact, I'll let you go back 50 years to find good behavior. List me some examples. I can list a thousand examples of Israel encouraging good behavior, only to be attacked, instead.

The arabs could have had Gaza and the West Bank decades ago if they ever showed good behavior. But they didn't, and they don't, and now they have shown themselves to be enough of a continuing threat that they will have to leave the West Bank. They had their chances (too many) and have now exhausted them. And if you had any sense you would look at the forms of governance that exist throughout the arab world and start to put two and two together. But, you won't do that, since it would kill your argument.

And let's be perfectly clear; Israel has no responsibility to reward anything. Israel's only responsibility is to protect Israelis. Gazans have a responsibility to act like civilized humans, which they seem unable to do. Barring that, they sow the wind and they shall reap the whirlwind.

and the vast one-sidedness and destructiveness (of civilian lives and infrastructure) of its self-"defenses".


So ... you would call the winner of any war to be guilty of vast one-sidedness, I gather? Do you think about these things before you write them? It seems not.

Perhaps you should ask why the Gazans, knowing that they could be annihilated by Israel at any given moment, want to keep fighting with Israel, unless they want to die. Why would that be? The only defense that the Gazans have, when they attack Israel, is Israel's own self-restraint. That's some pretty smart stuff, there. I mean, really.

Since you seem to think you are being so legalistic in your argument, why don't you analyze the Hamas charter and explain how the formal and official dedication to the destruction of Israel figures into all this. Oh, never mind. You would never do that. Not without some silliness about the Gazans and how their threats aren't serious, or something equally dishonest.
2.2.2009 11:04pm
TokyoTom (mail):
pop, thanks for deigning to engage someone as "dishonest" as me. As long as there is discourse, there is hope for agreement.

Since you seem to think you are being so legalistic in your argument

Sorry, I don't think I was being particularly legalistic, but simply referred to my efforts to provide resources regarding relevant legal arguments (including an Israeli Supreme Court case on proportionality in targetted killings). Although these resources cut against those here who support Israel's actions, I am not particularly concerned about legal arguments.

As to collective punishment of Gazans, that's war. ... They make war

Is this a war, or a turkey shoot? And didn't the collective punishment by Israel in this "war" start before Hamas was elected over Fatah?

Israel left Gaza to the Gazans (which was really stupid, to start with - never give gifts to arabs without demanding acknowledgement of the gift from them and something in return)

I agree that this and related policies (the tightening embargo and then refusal to engage with Hamas) were foolish, but as Dov Weisglass, advisor to Sharon, publicly stated, leaving Gaza was not a "gift", but was designed to end the peace process:

"The disengagement is actually formaldehyde," he said. "It supplies the amount of formaldehyde that is necessary so there will not be a political process with the Palestinians."

Asked why the disengagement plan had been hatched, Weisglass replied: "Because in the fall of 2003 we understood that everything was stuck. And although by the way the Americans read the situation, the blame fell on the Palestinians, not on us, Arik [Sharon] grasped that this state of affairs could not last, that they wouldn't leave us alone, wouldn't get off our case. Time was not on our side. There was international erosion, internal erosion. Domestically, in the meantime, everything was collapsing. The economy was stagnant, and the Geneva Initiative had gained broad support. And then we were hit with the letters of officers and letters of pilots and letters of commandos [refusing to serve in the territories]. These were not weird kids with green ponytails and a ring in their nose with a strong odor of grass. These were people like Spector's group [Yiftah Spector, a renowned Air Force pilot who signed the pilot's letter]. Really our finest young people." ...

"You know, the term `peace process' is a bundle of concepts and commitments. The peace process is the establishment of a Palestinian state with all the security risks that entails. The peace process is the evacuation of settlements, it's the return of refugees, it's the partition of Jerusalem. And all that has now been frozen.... what I effectively agreed to with the Americans was that part of the settlements would not be dealt with at all, and the rest will not be dealt with until the Palestinians turn into Finns.


Israel's problem is that it has been far too restained in its responses and needs to make the Gazan population feel true pain ... sort of like what we did to Japan in WWII. If the Gazans don't like that, they can stop attacking Israel and causing problems.

This is more than a little one-sided, pops. Israel has been strangling Gazans for years - BEFORE this new pain - and refuses to negotiate with their leadership. Most of the population is out of work, and more and more idle hands hate Israel. How does the attack do anything, other than boost election chances for Barak or Livni? Does it encourage strengthen the hands of any moderates anywhere? Why should we be subsidizing it?

sort of like what we did to Japan in WWII

Yeh, "sort of", with the difference being that Israel deliberately prevents Palestinians from forming a state and does not recognize its leaders, so there is no way Palestinians can yield to the Israeli boot.

And it is nice the way you take the concept of an individualistic culture (a distaste for collective punishment) and apply it to a tribal culture that recognizes no problem with anything of the sort.

Nice? It's called "international law" and it's hardly something I either created or introduced into discussion. Don't look now, but Prof. Bernstein even refers to it now and then.

In fact, to tribal cultures, not exercising the sort of punishment they understand just goads them on to fight more.

Israelis understand this well, which is why Israeli leaders have from time to time noted that, if they had had the misfortune to have been born Palestinian, would likely have joined a commando group to fight the Israelis. But as for fighting, isn't it funny that the only Arabs who persist in fighting Israel are those who Israel has not allowed any meaningful self-government?

your display is a typical example of liberal "thinking". LOL. ... Well, it used to be funny when the libs were restricted to their sandbox. Now it's just plain dangerous.

Well, I happen to be a paleocon/libertarian, but that's the kind of thing that neocons and other lovers of big government have a hard time finguring out. I agree that liberal government can be dangerous, just as letting Bush, Cheney and Rumsfeld play in Iraq has been extremely costly and unproductive, as anyone with their eyes open knew in advance. At least they did a good job of bestowing war pork to their friends.

The arabs could have had Gaza and the West Bank decades ago if they ever showed good behavior.

There is more than one side here, if you'd be honest enough to recognize it:
Israel's military and political leadership took many aggressive steps during the ceasefire that escalated a crisis with Hamas, and possibly even provoked Hamas to create a pretext for the assault. This wasn't a war of "no choice," but rather a very avoidable war in which Israeli actions played the major role in instigating.

Israel has a long history of deliberately using violence and other provocative measures to trigger reactions in order to create a pretext for military action, and to portray its opponents as the aggressors and Israel as the victim. According to the respected Israeli military historian Zeev Maoz in his recent book, Defending the Holy Land, Israel most notably used this policy of "strategic escalation" in 1955-1956, when it launched deadly raids on Egyptian army positions to provoke Egypt's President Nasser into violent reprisals preceding its ill-fated invasion of Egypt; in 1981-1982, when it launched violent raids on Lebanon in order to provoke Palestinian escalation preceding the Israeli invasion of Lebanon; and between 2001-2004, when Prime Minister Ariel Sharon repeatedly ordered assassinations of high-level Palestinian militants during declared ceasefires, provoking violent attacks that enabled Israel's virtual reoccupation of the West Bank.
List me some examples. Happy to oblige:
Israel continuously took steps that undermined the terms of the fragile ceasefire with Hamas, even though Hamas respected their side of the agreement.

Indeed, there was a genuine lull in rocket and mortar fire between June 19 and November 4, due to Hamas compliance and only sporadically violated by a small number of launchings carried out by rival Fatah and Islamic Jihad militants, largely in defiance of Hamas. According to the conservative Israeli-based Intelligence and Terrorism Information Center's analysis of rocket and missile attacks in 2008, there were only three rockets fired at Israel in July, September, and October combined. Israeli civilians living near Gaza experienced an almost unprecedented degree of security during this period, with no Israeli casualties.

Yet despite the major lull, Israel continually raided the West Bank, arresting and frequently killing "wanted" Palestinians from June to October, which had the inevitable effect of ratcheting up pressure on Hamas to respond. Moreover, while the central expectation of Hamas going into the ceasefire was that Israel would lift the siege on Gaza, Israel only took the barest steps to ease the siege, which kept the people at a bare survival level. This policy was a clear affront to Hamas, and had the inescapable effect of undermining both Hamas and popular Palestinian support for the ceasefire. ...

The Israeli breach into Gaza was immediately followed by a further provocation by Israel on November 5, when the Israeli government hermetically sealed off all ways into and out of Gaza. As a result, the UN reports that the amount of imports entering Gaza has been "severely reduced to an average of 16 truckloads per day — down from 123 truckloads per day in October and 475 trucks per day in May 2007 — before the Hamas takeover." These limited shipments provide only a fraction of the supplies needed to sustain 1.5 million starving Palestinians. ...

With many Palestinians believing the ceasefire to be meaningless, Hamas announced it wouldn't renew the ceasefire after it expired on December 19. Hamas then stood back for two days while Islamic Jihad and Al-Aqsa Martyrs Brigades militants fired volleys of mortars and rockets into Israel, in the context of mutually escalating attacks. Yet even then, with Israeli threats of war mounting, Hamas imposed a 24-hour ceasefire on all missile attacks on December 21, announcing it would consider renewing the lapsed truce with Israel in the Gaza Strip if Israel would halt its raids in both Gaza and the West Bank, and keep Gaza border crossings open for supplies of aid and fuel. Israel immediately rejected its offer. ... Little did they know that, according to Raviv, Prime Minister Olmert, and Defense Minister Barak had already met on December 18 to approve the impending war plan."
if you had any sense you would look at the forms of governance that exist throughout the arab world and start to put two and two together.

What I saw was the beginning of a democracy in Gaza that Israel could not control as well as corrupt Fatah, and that was a threat as well to Egypt's autocratic regime, and which Israel and Egypt together decided to crush/bottle up. Hamas (which Israel and the US both encouraged initially to hinder Arafat) did not and does not - despite its words - pose an existential threat to Israel. What has Israel gained by refusing to work with them? Only politicians have gained.

Israel has no responsibility to reward anything. Israel's only responsibility is to protect Israelis.

Sorry, but as long as Israel occupies the West Bank and maintains control over Gaza, Israel has responsibilities towards Palestinians. Otherwise, of course its responsibilities are to its citizens. As for that, a libertarian view is that states and politicians do a great job of stirring up conflict in order to maintain control and to shift tax dollars and tilt the playing field to benefit friends. With greater trade comes greater incentives to moderation all around. Israels leaders seem to prefer to sow the wind (with US subsidies) and to reap the whirlwind.

So ... you would call the winner of any war to be guilty of vast one-sidedness, I gather?

No; you seem to have tough time reading. The conflict between the US and Japan is not at all like this largely intramural struggle between a very powerful Israel and Palestinians who have little but numbers and their bodies.

Do you think about these things before you write them? It seems not.

Spoken like someone who has no self-awareness.
2.3.2009 1:45am
Yankev (mail):
The Israeli critics of Israel whom I've read don't agree with you, Yankev. Then they have never read Hamas' chaerter, have they? And though Hamas has at times offered termporary cease fires, they have categorically refused to negotiate over any permanent peace or co-existence. When there have been cease fires, Hamas has still permitted missiles and mortars to be launched from its territory, smuggled in weapons, and made preparation for kidnappings and other attacks. That one is Israeli does not necessarily make one honest, intelligent, or committed to Israel's survival.

Maybe it's just me, but I thought Israel was being criticized for different things,
Cognitis, among others, has made this criticism more than once.

such as its collective punishment of Gazans, refusal to act on opportunities to bring the conflict to a close by encouraging and rewarding god behavior, and the vast one-sidedness and destructiveness (of civilian lives and infrastructure) of its self-"defenses".
I recognize that you and others have leveled those criticisms. In my opinion, David Bernstein and others have adequeately refuted all of them in the various other threads discussing the legal meaning of collective punishment, proportionate damage, and the rights and duties of belligerents.

leaving Gaza was not a "gift", but was designed to end the peace process:
The peace process had ended years earlier, if indeed it had ever started. It just took Israel a while to realize it. Israel got nothing from the peace process except and influx of Palestinian terrorists from abroad, increased terror attacks and a loss of security control over the areas it turned over to the PA. Arafat's intention to use the process as a cover for the destruction of Israel was apparent to anyone who cared to look, and was acknowledged by Arafat in numerous post-Oslo speeches, and by the "moderate" Abbas as well.

What I saw was the beginning of a democracy in Gaza that Israel could not control as well as corrupt Fatah,
A deomcracy that engaged in mass murder of its political rivals and their families, summarily executed young men and women for the crime of walking together in public or being alone together in private, outlawed the playing of music, and shelled its own people for trying to cross into Israel while the border checkpoints were open. If that's your idea of democracy, and if you truly believe that Israel is the one blocking the Palestinians from forming a state (which, by the way, the Hamas charter does not particularly want anyway, demanding instead a Muslim caliphate from the river to the sea and eventually throughout the middle east), there's not much to discuss with you.
2.3.2009 9:40am
Yankev (mail):

Do you think about these things before you write them? It seems not.
Neither answer would reflect much credit. I'm not sure which answer would concern me more.
2.3.2009 9:42am
neurodoc:
cognitis: If you read the cited posts, "neurodoc" uses typical trolling means: rendering incorrectly another's arguments into a strawman, lauding another who consents without having read original argument, among others.
"lauding another who consents without having read original argument"? I have no idea what that means. Can you enlighten me here, perhaps citing specific examples from this or other threads?

"rendering incorrectly another's arguments into a strawman"? Again, please cite specific examples so we may know which arguments you claim I have incorrectly rendered. For example, the one you have again repeated here about Israel not granting Hamas some measure of legitimacy, hence Hamas cannot be held responsible for the suffering of Gazans, and if Hamas cannot be held responsible for that suffering, then Israel bears responsibility for all of it? If that is the gravamen of one or that is it, then how have I misrepresented your argument, turning it into a "strawman"?

cognitis: Israel itself doesn't recognize Hamas as either the representative of Palestinians or the legitimate authority in Gaza; thus Israel defines Hamas as a criminal gang not a sovereign's army...
Neither the United States, nor the European Union "recognize Hamas as either the representative of Palestinians or the legitimate authority in Gaza," do they? Don't both the US and the EU hold Hamas to be a terrorist organization, that is do they not? A terrorist organization and a "criminal gang" are not one and the same thing, are they, though they may share some things in common. (Can you point to some "criminal gang" whose raison d'etre has been anything like Hamas', or whose modus operandi has closely resembled Hamas'?)

You assert that there can be no "war" when not all the parties to the conflict are "sovereigns," so Hamas must therefore be a "criminal gang," criminal gangs cannot be required to behave "responsibly," Israel as an "occupier" must shoulder full responsibility for whatever transpires in Gaza, and Israel must use means appropriate to going after criminals to deal with Hamas rather than military ones appropriate to fighting a "sovereign's army." If I don't have your argument pretty much right, I expect you will tell me, doing so with reasonable specificity and precision. But I think I do have the essence of it, and I think it patent nonsense.
2.3.2009 9:51am
Harry Eagar (mail):
Tokyo, my position is, no more dead Jews, not one, enough and never again.

Is that your position?
2.3.2009 12:48pm
cognitis:
Thanks to neurodoc for providing more examples of his strawmen; even in doc's last post, he clearly and indisputably render incorrectly my argument. I posted:

so, by invading Gaza in order to apprehend criminals, Israel alone and not Hamas has the duty of protecting innocents during the invasion.


doc renders the above first as follows:
hence Hamas cannot be held responsible for the suffering of Gazans


doc, in summary, then renders it again:
criminal gangs cannot be required to behave "responsibly," Israel as an "occupier" must shoulder full responsibility for whatever transpires in Gaza


I exposed the matter of culpability for innocent Gazans killed by Israel during Israel's invasion. Doc having cited my exposition exposed the totally different matter of Hamas' culpability for all Gazans' suffering or "whatever transpires"; clearly, doc deceives by attributing such a permutated argument to me. Be clear that Hamas members should be apprehended and prosecuted had they attacked Israel with rockets; not even to be considered is doc's bogus argument attributed by him to me that Israel's invasion exculpates Hamas of any injury let alone all injury; for example, if Hamas members had compelled ambulance drivers to convey armed criminals, then those members should again be apprehended and prosecuted.

For those still unconvinced by reason, consider the following example, a timely one: 12 Mexicans armed with automatic rifles and rocket launchers cross US-Mexico border as escort for drug dealers; the dealers sell drugs and accept $10,000; on returning to Mexico, the Mexicans are attacked by federal DEA agents and kill several agents; they then cross the border and vanish into local villages. Given the reasons exposed by doc or aubrey or others, why wouldn't US be justified in invading Mexico with US army, bombing with phosphorus Mexican villages into which the dealers vanished, seizing all Mexican assets held by US financial institutions, seizing all Pemex oil wells, etc? Of course no sane person would consent to such barbarous conduct, and noone should consent to the equally barbarous conduct of Israel.
2.3.2009 3:14pm
Yankev (mail):

For those still unconvinced by reason, consider the following example, a timely one: 12 Mexicans armed with automatic rifles and rocket launchers cross US-Mexico border as escort for drug dealers; the dealers sell drugs and accept $10,000; on returning to Mexico, the Mexicans are attacked by federal DEA agents and kill several agents; they then cross the border and vanish into local villages. Given the reasons exposed by doc or aubrey or others, why wouldn't US be justified in invading Mexico with US army, bombing with phosphorus Mexican villages into which the dealers vanished, seizing all Mexican assets held by US financial institutions, seizing all Pemex oil wells, etc?
Maybe because a group of 12 bandits is not the same as a terrorist organization with thousands of members who were elected to implement their program of terrorism. Just a guess here.

Not to be taken as an agreement that Israel did any or all of the things you posit in your analogy.

But you are right about one thing -- no paraphrase of your arguments could do justice to their lunacy.
2.3.2009 4:09pm
cognitis:
yankev:

Again, you clearly not only didn't understand the argument or the example, but you also "name-call"; look, I never addressed your delusions or childish arguments, nor should you address mine; so from now on, shut up and ignore my arguments.
2.3.2009 4:24pm
Yankev (mail):

Again, you clearly not only didn't understand the argument or the example,
I understood it, I just disagree that your analogy to 12 Mexican bandits comes even close to being pertinent.

but you also "name-call";
Guilty. I apologize for using the term "lunacy". Allow me to substitute "lack of any relevant connection to what actually occurred or to any practical method of dealing with it."

look, I never addressed your delusions or childish arguments,
And I forgive your trespasses as you forgive mine.

nor should you address mine; so from now on, shut up and ignore my arguments.
Many of them are best ignored, but I will respond as time and inclination dictate, and will not feel obligated to respond when not so inclined or when time does not permit.
2.3.2009 5:19pm
Harry Eagar (mail):
Well, just as a matter of history, something very close to cognitis' hypothetical did happen, and we sent Black Jack Pershing and an army into Mexico to correct it.
2.3.2009 6:01pm
cognitis:
Eagar:

Your observation is the primary cause for having carefully chosen my example; note my description of my example as "timely". No one today would approve of bombing Mexican villages on the border, but my example is timely and apt as it's not far from today's border events. Israel has no more right to invade and kill innocent Palestinians than US has to kill innocent Mexicans in pursuing heavily-armed Mexican gangs.
2.3.2009 6:25pm
Yankev (mail):

Israel has no more right to invade and kill innocent Palestinians than US has to kill innocent Mexicans in pursuing heavily-armed Mexican gangs.
If Villa's gang had been elected on a platform of destroying the US and massacring all of its inhabitants, had rounded up Mexiacn civilians at gunpoint to serve as human shields, mined civilian homes and schools, and had attacked the US repeatedly over a period of years so as to virtualluy shut down all semblance of normal life in border towns, had been supplied by a nation with similar goals that had greater popluation, area and vastly richer and cash than either, launched active attacks from civilian areas (and not merely vanished into them after attacking), were not only tolerate and not only encouraged by the Mexican government but claimed to be the Mexican government and there was no other, were more nearly even in land mass to the US so as to pose a potential threat not only to border towns but eventually to the entire country (which was about the size of NJ) including the US's sole international airport and sole nuclear generators, you might have something approaching an analogy. As things are, your attempted analogy bears as much relation to the facts as your suggestion that Israel used phosphorus as an anti-personnel weapon. Hamas may be a gang of terrorists, but they are waging war, not pillaging for profit, and the rules of criminal procedure do not apply.
2.3.2009 6:46pm
Yankev (mail):
Too many typos. Please excuse.

If Villa's gang had been elected on a platform of destroying the US and massacring all of its inhabitants, had rounded up Mexican civilians at gunpoint to serve as human shields, mined civilian homes and schools, and had attacked the US repeatedly over a period of years so as to virtualluy shut down all semblance of normal life in border towns, had been supplied by a nation with similar goals that had greater popluation, area and vastly greater sources of cash than either Mexico or the US, had launched active attacks from civilian areas (and not merely vanished into them after attacking), were not only tolerated and not only encouraged by the Mexican government but claimed to be the Mexican government and there was no other, controlled a land mass more nearly even to that of the US so as to pose a potential threat not only to border towns but eventually to the entire country (which was about the size of NJ) including the US's sole international airport and sole nuclear generators, you might have something approaching an analogy. As things are, though, the attempted analogy bears as much relation to the facts as your suggestion that Israel used phosphorus as an anti-personnel weapon. Hamas may be a gang of terrorists, but they are waging war, not pillaging for profit, and the rules of criminal procedure do not apply.
2.3.2009 6:50pm
neurodoc:
cognitis to Yankev at 4:24PM: you clearly...didn't understand the argument or the example... look, I never addressed your delusions or childish arguments, nor should you address mine; so from now on, shut up and ignore my arguments.
Why not just keep what you acknowledge are your delusions and childish arguments to yourself.
2.3.2009 7:30pm
cognitis:
neurodoc gives another strawman.
2.3.2009 7:40pm

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