• Collective guilt and Collective Punishment

    From NefeshBarYochai@21:1/5 to All on Mon Nov 13 05:56:25 2023
    XPost: uk.legal

    BY ALFRED DE ZAYAS


    The continued practice of branding other countries and peoples
    collectively guilty for past or ongoing crimes has not abated. The
    imposition of collective punishment in the form of mass expulsions,
    blockades and unilateral coercive measures[1] entails retrogression in
    terms of civilization and human rights.

    From the moral and religious perspective, the concept of collective
    guilt contravenes the imperatives of forgiveness and reconciliation,
    the brotherhood and sisterhood of the human family[2], and the hope
    for a modus vivendi in friendship and international solidarity.

    From the historical perspective, collective guilt has been a
    ubiquitous weapon in the cognitive warfare against perceived or
    imagined adversaries. Among the bogus justifications for holding whole populations responsible for the crimes of their governments is the
    idea that democracy in those countries actually functions and that the
    people have accepted or even supported the crimes imputed to their
    governments. But can this be substantiated? Over the ages minority
    groups have also been accused of the most abstruse crimes, e.g.
    causing disease or poisoning wells. Europe has a long history of
    incitement against different peoples, including Jews, Roma, Sinti,
    Slavs, “Untermenschen”, Germans, Serbs, Afghans, Muslims, Africans,
    migrants, etc.

    Collective guilt frequently uses scapegoats, simplifying the root
    causes of problems and then assigning guilt to a particular ethnic,
    linguistic or religious group. Yet, collective punishment has also
    been directed against “heretics”, e.g. during the Albigensian crusades
    of the 12th-13th centuries against the Cathars in France, where
    punishment tended to be indiscriminate. Among its many massacres, we
    recall the extermination of the civilian population of the city of
    Beziers on 22 July 1209, where it is reported that the papal envoy
    Arnaud Amalric said “kill them all, God will know his own”. “Caedite
    eos. Novit enim Dominus qui sunt eius.” As many as 14,000 persons may
    have been killed, including the faithful and non-heretical Christians
    who had unwisely refused to flee the city.

    Many pogroms against Jews occurred in Europe during the Middle Ages,
    the Renaissance period, the 18th-century Enlightenment. Such mass
    violence took place not only in tsarist Russia, Ukraine and Poland[3]
    during the nineteenth and twentieth centuries, but also in Western
    Europe, where Jews were marginalized, excluded, dehumanized,
    demonized, blamed for “desecration of the host,” the black death of
    the 14th century and for other pandemics[4], and subjected to mass
    expulsion.

    The collective-guilt mindset is generated not only by governments but
    is aided and abetted by superstition and sometimes instrumentalized by chauvinistic groups and organizations. It builds on popular myths and
    caters to latent fears and insecurities in society. The incitement to
    hatred is waged before, during and after armed conflicts. Indeed, many
    wars have been preceded by deliberate and systematic incitement to
    hatred of the adversary. Hitler’s war on the Jewish people was
    largely based on fake news and fake history, on a caricature of the
    Jewish people. Alas, many Germans allowed themselves to be
    indoctrinated. But many did not.

    The Jews of the Warsaw ghetto suffered untold indignities until they
    rebelled in May 1943. At its height, there were 460,000 Jews in the
    ghetto, but gradually the Jews were transported to extermination
    camps, notably Treblinka. The Nazis were merciless in their
    destruction of the ghetto and the punishment of the Jewish insurgents.
    Such hatred invariably breeds more hatred hatred.

    Collective guilt can turn against any group of people. Perpetrators
    can become victims of a reverse collective guilt syndrome. After the
    end of the Second World War, the Germans were held collectively guilty
    for Nazi crimes. Revenge was overwhelming: 14 million ethnic Germans
    were expelled from their 700-year homelands in East Prussia,
    Pomerania, Silesia, East Brandenburg, Bohemia, Moravia, Hungary and
    Yugoslavia, resulting in at least two million deaths[5], some who were
    direct victims of violence, rape and even torture, and those who lost
    their lives as a result of the expulsion, which was accompanied by
    exposure to inclement weather, cold, lack of food and medicine.[6]
    This was the greatest mass expulsion known in European history, and it
    was collective punishment on a grand scale. There was no attempt to
    establish any personal guilt, millions of anti-Nazis were expelled on
    the sole criterion of being German. A purely racist measure backed up
    by decisions taken by Stalin, Churchill and Roosevelt already at the conferences of Teheran and Yalta, and concretized in the Potsdam
    Protocol of 2 August 1945.

    The British publisher and human rights activist Victor Gollancz
    described the expulsion as follows: “If the conscience of men ever
    again becomes sensitive, these expulsions will be remembered to the
    undying shame of all who committed or connived at them … The Germans
    were expelled, not just with an absence of over-nice consideration,
    but with the very maximum of brutality.”[7]

    Robert Hutchins, President of the University of Chicago, deplored the
    crimes being committed in the name of the victorious allies,
    commenting “The most distressing aspect of present discussions of the
    future of Germany is the glee with which the most inhuman proposals
    are brought forward and the evident pleasure with which they are
    received by our fellow citizens …”[8]

    One would have thought that the enormity of the crimes committed
    against Germans in the years 1945 to 1949, just because they were
    Germans, would have created a precedent to abolish forever the horror
    of mass population transfers. Yet, in the 1990s the world witnessed
    the obscenity of ethnic cleansing in Yugoslavia, which gave the
    Security Council the opportunity to establish the International
    Criminal Tribunal for the Former Yugoslavia. Even the judgments of
    the ICTY did not end our addiction to collective guilt paradigms.
    Whereas in the 1940s and 1950s the Germans were universally seen as collectively guilty for the Nazis, now at the beginning of the 21st
    century, many people perceived the Serbians as collectively guilty for
    Slobodan Milosevic.

    Alas, the spirit of collective guilt and collective punishment has not disappeared from the world. We see collective punishment against
    entire civilian populations in the blockades imposed against people
    considered unilaterally by some countries as dangerous or hostile. One
    of the worst expressions of collective hatred is the imposition of
    unilateral coercive measures ostensibly against governments, but in
    reality against peoples. Such unilateral coercive measures constitute
    a new form of warfare, hybrid warfare, non-conventional warfare –
    which kills as viciously as bullets. The principal practitioners of
    UCMs are the United States, the United Kingdom and the European Union.
    Such UCMs have been imposed on countries opposed to the unipolar world
    demanded by the US. To make matters worse, those countries that impose
    UCMs dare invoke human rights in order to justify the unjustifiable.
    It is no less than a sacrilege, a blasphemy, to falsely accuse the
    victims of committing human rights violations, in order to render the
    UCMs more palatable by claiming that the measures are intended to
    bring about a democratic change of government.

    Legal Perspectives

    In 1975, long before the phenomenon of ethnic cleansing in Yugoslavia,
    I published an article in the Harvard International Law Journal,
    outlining the necessity to adopt a convention banning mass
    expulsions[9].

    I explained that from the legal perspective, the concepts of
    collective guilt and collective punishment are contrary to general
    principles of law[10], and essentially negate the fundamentals of the administration of justice and the rule of law, which stipulate the
    principles of human dignity, integrity of the person, and equality of treatment. In particular, collective punishment violates articles 14
    and 26 of the International Covenant on Civil and Political Rights,
    which stipulate the presumption of innocence[11], the requirement of
    trial and judgment by an independent tribunal and the prohibition of discrimination.

    The artificial concept of collective guilt is used to justify
    collective punishment[12], as, for instance, the destruction of
    private property or the forced transfer of populations[13]. although
    collective punishment is specifically prohibited in Article 50 of the
    1899 and 1907 Hague Conventions on Land Warfare, which stipulates

    “No general penalty, pecuniary or otherwise, shall be inflicted upon
    the population on account of the acts of individuals for which they
    cannot be regarded as jointly and severally responsible.”[14]

    Article 46 stipulates: “Family honor and rights, the lives of
    persons, and private property, as well as religious convictions and
    practice, must be respected. Private property cannot be confiscated.“

    Similarly by virtue of Article 33 of the Fourth Geneva Convention of
    1949:

    “ART. 33. — No protected person may be punished for an offence he or
    she has not personally committed. Collective penalties and likewise
    all measures of intimidation or of terrorism are prohibited. Pillage
    is prohibited. Reprisals against protected persons and their property
    are prohibited.”[15]

    Such war crimes must be investigated and prosecuted pursuant to
    Article 147 of the Convention.[16]

    All of this was highly relevant in the prosecutions before the ICTY of
    Serbian and Croatian commanders for mass expulsions of Serbians
    carried out by Croats in the Krajina and mass expulsion of Bosnians
    and Croatians carried out by Serbs. Unfortunately, there was very
    little discussion about the fundamental principles of human dignity
    and the right of all peoples to self-determination.

    The mass expulsion of ethnic Germans 1945-49 as a precedent for the
    mass expulsions of Palestinians from Gaza and Occupied Palestine

    The right to one’s homeland is a human right.[17] The right to
    national self-determination, today recognized as jus cogens
    (peremptory international law), of necessity must embrace the right to
    one’s homeland, because self-determination cannot be exercised if one
    is driven from one’s homeland. Moreover, the right to one’s homeland
    is a precondition to the exercise of most civil, political, economic,
    social and cultural rights.[18] The Germans of Bohemia and Moravia
    (frequently referred to as Sudeten Germans) whose ancestors had
    resided there for seven centuries, were denied self-determination in
    1919, notwithstanding their repeated appeals to the Paris Peace
    Conference, and notwithstanding the recommendations of the American
    expert, Harvard Professor Archibald Cary Coolidge, who at Paris
    proposed attaching the territories in question to Germany and Austria
    in 1919. Whereas the Treaties of Versailles, St. Germain and Trianon
    promoted the self-determination of Poles, Czechs and Slovaks, this was
    done at the expense of denying self-determination to Germans and
    Magyars. Judged by today’s standards, their claim to
    self-determination was comparable to that of the Kurds, the Tamils,
    the Kosovars, the Abkhazians, the Southern Ossetians, the Crimeans,
    the Sahraouis, the Southern Cameroonians, the Bubis of Bioko/Fernando
    Po, the Sudanese and many others.

    Although the right to national self-determination was not part of
    peremptory international law in 1945, the expulsion of 14 million
    ethnic Germans was already illegal by standards of the then-applicable
    norms of international law, and the treatment of the expelled Germans doubtlessly entailed war crimes and crimes against humanity. The
    Hague Regulations on Land Warfare appended to Hague Convention IV of
    1907 were applicable during World War Two. Articles 42-56 limit the
    powers of occupying nations and guarantee protections to resident
    populations, in particular the privacy, honor and rights of the
    family, as well as private property (Article 46). Collective
    punishments are forbidden (Article 50). Thus, any mass expulsion
    implies a major violation of The Hague Regulations. Moreover, pursuant
    to the Martens Clause[19] which formulated minimal standards of
    warfare as early as 1899, “cases not included in the Regulations”
    would necessarily have to be judged in the light of the “laws of
    humanity”, which means that expulsions of civilians, accompanied by
    mass killings and complete expropriation of property would undoubtedly
    be illegal.[20] The Martens Clause was then –as the later Nuremberg
    War Crimes Tribunals illustrated– a binding principle of international
    law. Therefore, those responsible for the expulsion of the Germans
    cannot invoke the absence of specific international law on population
    transfers in order to justify the expulsion. In his EthicsBaruch
    Spinoza observed that “nature abhors a vacuum”. International lawyers
    agree that there cannot be a “legal black hole” when it comes to the over-arching principles of human rights law. Up until December 9,
    1948, international law didn’t contain a specific and explicit ban of
    genocide. Yet nothing could make the Holocaust compatible with
    international law, even in the absence of a positive norm of black
    letter law.

    The mass expulsion of 14 million Germans cannot be interpreted as a
    form of legal reprisal, for wartime reprisals can be undertaken only
    under very narrow and well-defined conditions subject to principles of proportionality that underlie the international legal order. These
    conditions were not met at the time of the earlier expulsions of
    ethnic Germans up until May 8, 1945. However, the bulk of the
    expulsion took place after the end of the war, making the legal
    concept of reprisal a priori inapplicable to this event. – The
    expulsions furthermore violated customary international law as well as
    treaty obligations protecting minority rights assumed by Poland, Czechoslovakia, Hungary and Yugoslavia in 1919. The denial of the
    right to return of German refugees similarly constituted violations of international law.

    The verdict of the International Military Tribunal at Nuremberg
    rightly condemned the expulsions perpetrated by the Nazis against
    Poles, mainly from the Posen and Pommerellen (“Westpreußen”) regions
    and against Frenchmen from the Alsace as war crimes and crimes against humanity. International law has per definitionem universal
    applicability, and therefore the expulsions of ethnic Germans by
    Poland, Czechoslovakia, Hungary and Yugoslavia, measured against the
    same standard, similarly constituted war crimes and crimes against humanity.[21]

    Today international law is very explicit in prohibiting expulsions.
    Article 49 of Geneva Convention IV of August 12, 1949, respecting the protection of civilians in times of war, forbids forced resettlement.
    Article 17 of the second additional protocol of 1977 expressly
    prohibits expulsions even in local, sovereign domestic matters. In
    peacetime, expulsions violate the UN Charter, the Universal
    Declaration of Human Rights of December 10, 1948, the Human Rights
    Covenants of 1966 and the International Convention on the Elimination
    of All Forms of Racial Discrimination. Likewise, they breach the
    Fourth Protocol of the European Convention for the Protection of Human
    Rights and Basic Freedoms, Article 3 of which reads: “1) No one shall
    be expelled, by means either of an individual or of a collective
    measure, from the territory of the State of which he is a national. 2)
    No one shall be deprived of the right to enter the territory of the
    state of which he is a national”; and Article 4 which stipulates
    “collective expulsions of aliens is prohibited.” In war and peace
    expulsion and deportation represent crimes within the purview of
    international law. In accordance with Article 8 of the Statute of the International Criminal Court of 1998 expulsions constitute war crimes,
    and according to Article 7 they constitute crimes against humanity. In
    some cases they can amount to genocide pursuant to Article 6.

    Under some conditions, expulsion and deportation can qualify as
    genocide. According to Article II of The UN Convention on the
    Prevention and Punishment of the Crime of Genocide dated December 9,
    1948, genocide is defined by acts or actions intended to destroy a
    certain national, ethnic, racial or religious group in whole or in
    part, by killing members of these groups or by imposing unendurable
    living conditions or by committing offenses such as mass expulsions.
    In the light of the “intent to destroy a national, ethnic, racial or
    religious group” and the mental and stress accompanying expulsions,
    they can be categorized as genocide.

    This intention to wipe out specific populations was the goal of both
    Edvard Benes in Czechoslovakia and Josip Broz Tito in Yugoslavia, a
    fact sufficiently documented in their speeches and decrees. This
    mental prerequisite qualifies the expulsion of the Germans from these
    countries as genocide. This opinion is strongly supported by
    prominent professors of international law including Felix Ermacora and
    Dieter Blumenwitz.[22] The genocidal character of the expulsions is underscored by the racial targeting of the victims, independent of any
    personal guilt or responsibility. Indeed, the ethnic Germans were
    expelled on the basis of their ethnic origin and not because of their
    personal conduct. As a consequence, there is an obligation for
    everyone (“erga omes”) not to recognize the consequences of the
    expulsion. The pseudo-principle of the “normative power of facts” is inapplicable in the case of genocide or after a crime against
    humanity. Here the general principle of law (ICJ Statute, article 38)
    ex injuria non oritur jus (out of a violation of law no right can
    emerge) takes precedence.

    The UN General Assembly, in its Resolution 47/121 of December 18,
    1992, categorized “ethnic cleansing”, which was then taking place in Yugoslavia, as genocide. This Resolution was confirmed and
    strengthened by many subsequent resolutions.[23] Even the ICTY
    categorized certain acts of “ethnic cleansing” in the former
    Yugoslavia as genocide, namely the massacre at Srebrenica in 1995. In
    its judgment in the case of Bosnia and Herzegovina vs. Federal
    Republic of Yugoslavia of February 26, 2007, the International Court
    of Justice confirmed that the massacre of Srebrenica constituted
    genocide. On the basis of this judgment it can be asserted that the
    expulsion of the Germans, accompanied by hundreds of thousands of
    murders and rapes, necessarily constituted genocide, since the
    Russian, Polish, Czechoslovak, Hungarian and Yugoslav politicians and
    military commanders manifested their intent to destroy, “in whole or
    in part”, the German ethnic group “as such”. Moreover, the manner of implementation of the “population transfer” was considerably more
    severe and inflicted more casualties than the “ethnic cleansing”
    perpetrated in the former Yugoslavia. Certainly the killings that
    accompanied the Brünn Death March, the massacres at Nemmersdorf,
    Metgethen, Allenstein, Marienburg, Saaz, Postelberg, Aussig, Prerau,
    Filipova and several thousand other places in addition to the massive
    number of deaths in the camps at Lamsdorf, Swientochlowice,
    Theresienstadt, Gakovo, Rudolfsgnad and in several hundred other camps
    others constituted crimes against humanity and were manifestations of
    genocidal intent.

    Conclusion

    As the Israeli war on Gaza progresses, it appears more and more that
    the intent is to ethnically cleanse the area, to force the 2.4 million population of Gaza to migrate to Egypt or Saudi Arabia. The UN Secretary-General has called for an immediate cease-fire in Gaza. The
    High Commissioner for Human Rights Volker Türk is in the Middle East
    trying to mediate.

    Collective guilt does not exist. Collective punishment is contrary to
    every system of law. Let us hope that the Palestinians and Israelis
    will find a modus vivendi, and that all sides will abandon all
    thoughts of collective guilt of Palestinians for the crimes committed
    by Hamas, and the thought of collective guilt of all Israelis for the
    crimes committed since 1947 against the Palestinian people by
    successive Israeli governments, and the crimes being committed today
    by the Netanyahu regime.

    What humanity most urgently needs is a change of mindset, a
    recommitment to the spirituality of the Universal Declaration of Human
    Rights, a readiness to break the vicious circle of reprisals and counter-reprisals.

    In his drama Piccolomini Friedrich Schriller reminds us

    Das eben ist der Fluch der böse Tat, dass sie fortzeugend Böses muss gebähren[24].

    (That is the curse of evil deeds, that they continue generating evil.)

    Notes.

    [1] See UN General Assembly Resolution 77/214, UN Human Rights Council Resolution 52/13. See also the report by Professor Jeffrey Sachs and
    Marc Weisbrot. https://cepr.net/images/stories/reports/venezuela-sanctions-2019-04.pdf

    [2] Matthew, chapters 5-7.

    Chapter 6, verses 14-15 “For if you forgive other people when they sin
    against you, your heavenly Father will also forgive you. But if you
    do not forgive others their sins, your Father will not forgive your
    sins.” https://www.biblegateway.com/passage/?search=Matthew%206:14-15&version=NIV
    John chapter 8 “Neither do I condemn you. Go, and from now on do not
    sin anymore.”
    https://www.biblegateway.com/passage/?search=John%208&version=EHV

    Christel Fricke (ed.), The Ethics of Forgiveness: A Collection of
    Essays, Routledge, 2011.

    [3] https://www.timesofisrael.com/20-years-before-the-holocaust-pogroms-killed-100000-jews-then-were-forgotten/
    “ From 1918 to 1921, more than 1,100 pogroms killed over 100,000 Jews
    in an area that is part of present-day Ukraine.” Richard Arnold,
    Russian Nationalism and Ethnic Violence: Symbolic violence, lynching,
    pogrom, and massacre, Routledge, London, 2016; Edward Judge, Easter
    in Kishinev: Anatomy of a Pogrom, New York University Press, 1995;
    Robert Weinberg, “The Pogrom of 1905 in Odessa: A Case Study”, in
    Pogroms: Anti-Jewish Violence in Modern Russian History, John D. Klier
    and Shlomo Lambroza, eds., Cambridge, 1992. I. Michael Aronson,
    Troubled Waters: The Origins of the 1881 Anti-Jewish Pogroms in
    Russia, University of Pittsburgh Press, 1990.

    [4] Yonathan Glazer-Eytan, Yonatan, “Jews Imagined and Real:
    Representing and Prosecuting Host Profanation in Late Medieval
    Aragon”. In Franco Llopis, Borja; Urquízar-Herrera, Antonio (eds.).
    Jews and Muslims Made Visible in Christian Iberia and Beyond, 14th to
    18th Centuries. Leiden, 2019. Albert Winkler, “the Medieval Holocaust:
    the approach of the Plague and the Destruction of Jews in Germany
    1348-1349” Federation of East European Family History Societies, vol.
    13 (2005), pp. 6–24.

    [5] Gerhard Reichling, Die deutschen Vertriebenen in Zahlen, Bonn,
    1986. A. de Zayas, Nemesis at Potsdam, Routledge, 1977, table on page
    xxv, A Terrible Revenge, Macmillan, 1994, pp. 155-156. . Statistisches Bundesamt, Die deutschen Vertreibungsverluste, Wiesbaden 1958.

    [6] A. de Zayas; 50 Theses on the Expulsion of the Germans, Verlag
    Inspiration, Berlin 2012..

    [7] Victor Gollancz, Our Threatened Values, 1946, p. 96,

    [8] Time, 21 May 1945, p. 19.

    [9] A de Zayas, “International Law and Mass Population Transfers”, in
    Harvard International Law Journal, vol 16, pp. 207-258. This article
    was subsequently published in Spanish and German translations.

    [10] Statute of the International Court of Justice, article 38. https://www.icj-cij.org/statute

    [11] See Article 6 of the 1977 Second Additional Protocol to the
    Geneva Conventions of 1949: “2. No sentence shall be passed and no
    penalty shall be executed on a person found guilty of an offence
    except pursuant to a conviction pronounced by a court offering the
    essential guarantees of independence and impartiality. In particular:
    (a) the procedure shall provide for an accused to be informed without
    delay of the particulars of the offence alleged against him and shall
    afford the accused before and during his trial all necessary rights
    and means of defence;
    (b) no one shall be convicted of an offence except on the basis of
    individual penal responsibility…” https://ihl-databases.icrc.org/en/ihl-treaties/apii-1977/article-6?activeTab=undefined

    [12] https://guide-humanitarian-law.org/content/article/3/population-displacement/

    [13] The study on the rules of customary International Humanitarian
    Law published by the ICRC in 2005 prescribes that: Rule 129:

    (a)Parties to an international armed conflict may not deport or
    forcibly transfer the civilian population of an occupied territory, in
    whole or in part, unless the security of the civilians involved or
    imperative military reasons so demand.

    (b)Parties to a non-international armed conflict may not order the
    displacement of the civilian population, in whole or in part, for
    reasons related to the conflict, unless the security of the civilians
    involved or imperative military reasons so demand.

    Rule 130 provides that in connection with an international armed
    conflict, States may not deport or transfer parts of their own
    civilian population into a territory they occupy.

    Rule 131 prescribes that in case of displacement in the context of an international or a non-international armed conflict, all possible
    measures must be taken in order that the civilians concerned are
    received under satisfactory conditions of shelter, hygiene, health,
    safety, and nutrition and that members of the same family are not
    separated.

    Rule 132 states that in international and non-international armed
    conflicts, displaced persons have a right to voluntary return in
    safety to their homes or places of habitual residence as soon as the
    reasons for their displacement cease to exist.

    Rule 133 finally prescribes that the property rights of displaced
    persons must be respected at all times and all places. Population
    movements sometimes lead individuals outside their own country. In
    such cases, they are protected by international refugee law.

    [14] https://ihl-databases.icrc.org/en/ihl-treaties/hague-conv-iv-1907/regulations-art-50?activeTab=undefined

    [15] https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.33_GC-IV-EN.pdf

    [16] ART. 147. — Grave breaches to which the preceding Article relates
    shall be those involving any of the following acts, if committed
    against persons or property protected by the present Convention:
    wilful killing, torture or inhuman treatment, including biological
    experiments, wilfully causing great suffering or serious injury to
    body or health, unlawful deportation or transfer or unlawful
    confinement of a protected person, compelling a protected person to
    serve in the forces of a hostile Power, or wilfully depriving a
    protected person of the rights of fair and regular trial prescribed in
    the present Convention, taking of hostages and extensive destruction
    and appropriation of property, not justified by military necessity and
    carried out unlawfully and wantonly.

    [17] Otto Kimminich, Das Recht auf die Heimat, 3rd edition, Bonn 1989
    and Die Menschenrechte in der Friedensregelung nach dem zweiten
    Weltkrieg, Berlin 1990. Alfred de Zayas, Heimatrecht ist
    Menschenrecht, Munich 2001.

    [18] On August 6, 2005, the former UN High Commissioner for Human
    Rights, Dr. Jose Ayala Lasso, said in Berlin: “…the right to one’s
    homeland is not merely a collective right, but it is also an
    individual right and a precondition for the exercise of many civil,
    political, economic, social and cultural rights.” See A. de Zayas,
    Die Nemesis von Potsdam pp. 404-406.

    [19] This particular achievement in international law, later cited in
    several international conventions as well as judgments by
    international courts, was conceived by the Russian Diplomat of
    German-Estonian heritage, an international legal authority, Friedrich
    Fromhold Martens (1845-1909).

    [20] The Martens Clause stipulates: “Until a more complete code of
    the laws of war has been issued, the High Contracting Parties deem it
    expedient to declare that, in cases not included in the Regulations
    adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as
    they result from the usages established among civilized peoples, from
    the laws of humanity, and the dictates of the public conscience.”

    [21] In his Memoirs, Konrad Adenauer writes: “Misdeeds have been
    committed loathsome enough to stand alongside those committed by the
    German National Socialists.”

    [22] Dieter Blumenwitz, Rechtsgutachten über die Verbrechen an den
    Deustchen in Jugoslawien 1944-1948, Munich 202. Felix Ermacora, Die Sudetendeutsche Fragen. Rechtsgutachten. Munich 1992.

    [23] GA Resolutions Nos. 48/143 of December 1993, 49/205 of December
    1994, 40/192 of December 1995, 51/115 of March 1997, etc.

    [24] Die Piccolomini, V,1 / Octavio Piccolomini

    Alfred de Zayas is a law professor at the Geneva School of Diplomacy
    and served as a UN Independent Expert on International Order 2012-18.
    He is the author of twelve books including “Building a Just World
    Order” (2021) “Countering Mainstream Narratives” 2022, and “The Human
    Rights Industry” (Clarity Press, 2021).


    https://www.counterpunch.org/2023/11/10/collective-guilt-and-collective-punishment/

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  • From Jos Boersema@21:1/5 to NefeshBarYochai on Mon Nov 13 08:15:10 2023
    On 2023-11-13, NefeshBarYochai <void@invalid.noy> wrote:
    BY ALFRED DE ZAYAS

    The continued practice of branding other countries and peoples
    collectively guilty for past or ongoing crimes has not abated. The imposition of collective punishment in the form of mass expulsions,
    blockades and unilateral coercive measures[1] entails retrogression in
    terms of civilization and human rights.

    This whole article seems to be an oversimplification. There have been
    and are many instances of injustice in the world, this is not limited to
    the issue of collective guilt. Making a list of seeming or real
    injustices involving only collective guilt, therefore seems to be merely
    an attempt at propagandizing people who do not wish to think about the
    topic on their own. This is a typical propaganda technique.

    We can analyze the situation abstractly, and see easily that collective
    guilt can be real. We will then however also look briefly at where
    collective punishment becomes terrorism.

    Can one person be guilty of something bad: yes.
    Can two persons be guilty together of a crime they committed together:
    yes.
    Can all people living in one house be part of the same gang and be
    guilty of the same crime: yes.
    ... the same small village: yes.
    ... the same whatever-geographical area: yes.

    The larger the group however, the more likely that there will be
    dissent, unseen dissent, and also it becomes more likely that parts of
    the people who seemingly engaged in the crimes have been coerced by
    others to do so, and/or been tricked into doing so. This becomes a
    greater factor when one realizes how - I'm sorry to say - brainless and careless the masses are. However, one can add this mindlessness of the
    masses to be part of their gulit. They should have cared, they should
    have known, they should have rebelled, etc.

    From the moral and religious perspective, the concept of collective
    guilt contravenes the imperatives of forgiveness and reconciliation,
    the brotherhood and sisterhood of the human family[2], and the hope
    for a modus vivendi in friendship and international solidarity.
    [...]

    You clearly don't seem to have a clue about at least the Jewish
    religion. Collective punishment of the Jewish people by their God - the
    Creator of everything - is a staple in keeping this people on the
    straight and narrow. The Jewish people are guilty as a whole, and they
    are also punished as a whole.

    https://www.counterpunch.org/2023/11/10/collective-guilt-and-collective-punishment/

    Where collective punishment can be a form of terrorism, is for example
    during the Nazi occupation, when the Nazis would kill a large number of
    random citizens in an area because they had suffered an attack from
    a local resistance group. They did not know who had done it, and so they proceeded to kill random people. The goal seems to be a form of
    terrorism, so that the resistance group would not attack the Nazis out
    of solidarity with the innocent victims which the Nazis would make out
    of their compatriots.

    The punishment in this case is very severe for those it hits - death. In
    that sense it is not even a collective punishment, but a maximum punishment against a series of individuals who likely have nothing to do with the
    attack on the Nazis, or who are only loosely connected to. While most of
    those killed in such actions likely would have sympathized with the
    attack - or came to sympathize once they realized the Nazis where going
    to kill them - that is merely a thought, and these people can hardly be
    blamed for even having a thought, let alone receive the death penalty.
    This is a form of group punishment which seems to be terrorism, meant
    to terrorize the people.

    A more proper collective punishment could for example be something which affects everyone, such as raising a general taxation. The Muslems -
    speaking of religions - have levied a special taxation on Jewish people,
    which was meant to pay for the Muslems to protect the Jewish people in
    case of war, and also to humble them. Another example of where religions
    are into collective guilt and punishment.

    I think that collective guilt often leads to a natural form of
    punishment. For example all Nations of the world are guilty of having an unstable economic system. They refuse to use their head. They are
    thieves, because they deny their young men (and woman if you will) their
    right to land. You could also argue that they are ignorant, and that at
    some point this innocent ignorance becomes a guilty ignorance, because
    they have been shown more than enough times how these things work. For
    example the western idolators know full well what the law of Moshe
    Rabbeinu is upon land, that land cannot be in a market for perpetual
    ownership of land, as if land is a commodity.

    They pretend to lay claim to the Torah, as if this is their law and
    as if they follow it. They read this book and the reread it all the
    time. Yet it doesn't even enter their minds in the slightest that they
    should stop thieving the land, but distribute it. The Western peoples
    also have had the experience of the feudal system, and the Capitalist
    system, which all shows how their land policies are wrong. Yet, nothing.

    You could argue that more and more their ignorance becomes guilt. The punishment they receive for this guilt, is in the natural concequences
    of their error. The natural concequence is the rise of the greed
    obsessed wicked who will rule them, incite them to war and all kinds of
    evil, causing all kinds of hardships upon them.

    To not be guilty of whatever your collective is, you have to rebel there
    where you think they are wrong. For example the Germans do have the
    collective guilt of having elected the Nazis and the Nazis conducting
    the holocaust. To not be guilty thereof as being a German at the time,
    you would have to do something against this regime. The more you do, the
    less guilty you are, the the point that you aren't guilty at all, but
    may be considered a hero (if you will), a morally just person.

    The Western peoples right now are guilty of creating World War 3, by
    accepting the idea that Russia is bad. This will probably soon become a
    full out nuclear war. USA is the instigator of this war. They are very
    clever in hiding their hand, but at the same time you have to be a fool
    not to see their evil, control and menace spread out over the entire
    world like a net - a net of military bases. Everyone knows what the
    "petro dollar" is, and if not you basically don't have a clue about
    current reality. This source of wealth for the USA is about conquering
    foreign oil fields, and forcing the sale of this oil in their USA
    currency. It is international looting on a global and massive scale.

    Western peoples in general are guilty of these crimes, because they
    accept them mutely. They become guilty of suffering World War 3, because
    they didn't care to listen and investigate what really happened in
    Ukraine, or how the USA was crying victory for their coup d'etat in
    Kiev, even proudly declaring it had cost them 5 billion dollars to do
    it. I guess this included the sandwiches handed out by Victoria Nuland.

    The consequence of this guilt, becomes global nuclear war.

    Personally I don't feel guilty over it, because I did my best to show
    the other side of the story in Donbass. Once your people are guilty, it
    takes effort to remedy this guilt.

    My view on collective guilt is at least: collective guilt is everywhere, Nations are collectively guilty of all kinds of things. Nevertheless,
    the concept is itself abused also, leading to more collective guilt for
    those Nations doing just that.

    In a democracy, the guilt is more extreme, because they do have more
    options to change the Government, although on the other hand such
    Nations have the merrit of having achieved such a state of affairs. You
    could argue from this, that Nations are indeed responsible for their own Governments one way or the other, with few exceptions such as shortly
    after having been conquered, or when being broadly repressed. However
    even in such cases, the question can be asked: why did you end up in
    this situation. Sometimes there is also a problem at the root of that, a mistake, a lack of internal care for each other, etc.

    Are you trying to foment a global Government using shallow propaganda ?

    --
    Economic & political ideology, worked out into Constitutional models,
    with a multi-facetted implementation plan. http://market.socialism.nl

    --- SoupGate-Win32 v1.05
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  • From Michael Ejercito@21:1/5 to NefeshBarYochai on Mon Nov 13 09:41:08 2023
    XPost: uk.legal

    NefeshBarYochai wrote:
    BY ALFRED DE ZAYAS


    The continued practice of branding other countries and peoples
    collectively guilty for past or ongoing crimes has not abated. The imposition of collective punishment in the form of mass expulsions,
    blockades and unilateral coercive measures[1] entails retrogression in
    terms of civilization and human rights.

    From the moral and religious perspective, the concept of collective
    guilt contravenes the imperatives of forgiveness and reconciliation,
    the brotherhood and sisterhood of the human family[2], and the hope
    for a modus vivendi in friendship and international solidarity.

    The U.S. stopped collectively punishing the Japanese sometime around
    August of 1945.


    Michael

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  • From Loose Cannon@21:1/5 to MEjercit@HotMail.com on Mon Nov 13 12:58:28 2023
    XPost: uk.legal

    On Mon, 13 Nov 2023 09:41:08 -0800, Michael Ejercito
    <MEjercit@HotMail.com> wrote:

    NefeshBarYochai wrote:
    BY ALFRED DE ZAYAS


    The continued practice of branding other countries and peoples
    collectively guilty for past or ongoing crimes has not abated. The
    imposition of collective punishment in the form of mass expulsions,
    blockades and unilateral coercive measures[1] entails retrogression in
    terms of civilization and human rights.

    From the moral and religious perspective, the concept of collective
    guilt contravenes the imperatives of forgiveness and reconciliation,
    the brotherhood and sisterhood of the human family[2], and the hope
    for a modus vivendi in friendship and international solidarity.

    The U.S. stopped collectively punishing the Japanese sometime around
    August of 1945.


    Michael


    Consider yourself lucky that America didn't vaporize all you
    slant-eyed turds as collective punishment for Asian war crimes.


    http://www.newnation.news/Images/2022/WhiteLivesMatter.jpg

    --- SoupGate-Win32 v1.05
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  • From Michael Ejercito@21:1/5 to Loose Cannon on Mon Nov 13 19:55:25 2023
    XPost: uk.legal

    Loose Cannon wrote:
    On Mon, 13 Nov 2023 09:41:08 -0800, Michael Ejercito
    <MEjercit@HotMail.com> wrote:

    NefeshBarYochai wrote:
    BY ALFRED DE ZAYAS


    The continued practice of branding other countries and peoples
    collectively guilty for past or ongoing crimes has not abated. The
    imposition of collective punishment in the form of mass expulsions,
    blockades and unilateral coercive measures[1] entails retrogression in
    terms of civilization and human rights.

    From the moral and religious perspective, the concept of collective
    guilt contravenes the imperatives of forgiveness and reconciliation,
    the brotherhood and sisterhood of the human family[2], and the hope
    for a modus vivendi in friendship and international solidarity.

    The U.S. stopped collectively punishing the Japanese sometime around
    August of 1945.


    Michael


    Consider yourself lucky that America didn't vaporize all you
    slant-eyed turds as collective punishment for Asian war crimes.


    http://www.newnation.news/Images/2022/WhiteLivesMatter.jpg

    I am an American.


    Michael

    --- SoupGate-Win32 v1.05
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  • From Michael Ejercito@21:1/5 to NefeshBarYochai on Thu Nov 16 09:39:04 2023
    XPost: uk.legal

    NefeshBarYochai wrote:
    BY ALFRED DE ZAYAS


    The continued practice of branding other countries and peoples
    collectively guilty for past or ongoing crimes has not abated. The imposition of collective punishment in the form of mass expulsions,
    blockades and unilateral coercive measures[1] entails retrogression in
    terms of civilization and human rights.
    Gaza made the same kind of choice Japan did on December 7, 1941.

    Gaza has the same choice Japan did on August 5, 1945.


    Michael

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