Monday, February 13, 2012

Iran is a "War Crime’ Regime: A Legal Brief, Part II

Iran is a "War Crime’ Regime: A Legal Brief, Part II

Supreme Leader Khamenei, and not President Ahmadinejad, is in sole and absolute control of Iran’s nuclear weapons program. He is a psycho messianic Shi'ite who wants to obliterate Israel, but Iran is obligated by the 148 Genocide Convention.
From Mark Langfan
Part II

But that’s just the beginning of Khamenei ‘war crimes,’ Ayatollah Khamenei second statement that “the Zionist regime is truly a cancerous tumor in the region and it must be, and will be, cut off.” is also a war crime in violation of Articles 2. 3, and 4 of the Convention on the Prevention and Punishment of the Crime of Genocide (“1948 Genocide Convention”).

Khamenei’s “cancerous tumor” reference to Israel critically compared to Führer und Reichskanzler Hitler's Speech in Wilhelmshaven, 1 April, 1939:

"Only when this Jewish bacillus infecting the life of peoples has been removed can one hope to establish a co-operation amongst the nations which shall be built up on a lasting understanding." quoted in N H Baynes, The Speeches of Adolf Hitler, Oxford University Press, 1942, Volume I, pp.743)

Ayatollah Khamenei’s description of Israel as a “cancerous tumor” which “must be, and will be, cut off” is clearly 1948 Genocide Convention Article 3 violation of “direct and public incitement to commit” acts ”to destroy, in whole or in part” Israel which is clearly a “national, ethical” and “religious” group.

The 1948 Genocide Convention was adopted by a UN General Assembly resolution specifically to prevent a historical repeat of Hitler’s “Final Solution” or Holocaust against the Jews against another ethic group or against the Jews and in pertinent part states:

Article 2, In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
·         (a) Killing members of the group;
·         (b) Causing serious bodily or mental harm to members of the group;
·         (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
·         . . .

Article 3, The following acts shall be punishable:
·         (a) Genocide;
·         (b) Conspiracy to commit genocide;
·         (c) Direct and public incitement to commit genocide;
·         (d) Attempt to commit genocide;
·         (e) Complicity in genocide.

Article 4, Persons committing genocide or any of the other acts enumerated in Article 3 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
(Bold added for clarity.)

In parsing Khamenei’s “Israel is a “cancerous tumor”” statement, one must first ask “What does a doctor do to a “cancerous tumor” except to “cut” it “off” and eradicate it. “Cutting it off” is certainly incitement to cause “serious bodily” harm or by a “killing members” of Israel.  But, doctors also eradicate a “cancerous tumor” by eradiating it with horrible nuclear radiation, and also by attacking it with chemicals in chemotherapy. 

So, Khamenei is not only “publicly” inciting “millions” of Teheran University students in a clearly religious ceremony to not just annihilate Israel and murder 6 million Jews, but also, is rhetorically inciting Iran’s leading university students to “cut off” the Jews of Israel with nuclear and chemical weapons.  Even Hitler didn’t use religion, per se, as his incitement tool or publicly and explicitly incite Germany to nuke or gas to death 6 million Jews.  This makes Khamenei’s use of Islam as the base of his genocidal incitement, and nuclear and chemical weapons’ references as his genocidal tools even more criminal under the 1948 Genocide Prevention Convention.
And most importantly, the “Fact checker’s” 200 quote of Khamenei proves this is not a new Iranian legal policy, but a legal policy of the founding father of the Islamic Republic of Iran itself, of Iman Khomeni himself.  This proves the fundamental immutable genocidal nature that is bedrock of the Iranian strategic policy and its religious belief.

The 1948 Genocide Convention criminal genocide provisions were specifically enacted to prevent future potential genocidal maniacs like Hitler from uttering “direct and public incitement” like Hitler’s 1939 germ “bacillus” reference.   Khamenei’s 2012 ‘Israel is a “cancerous tumor”’ religion-based incitement is much more virulent than Hitler’s 1939 “bacillus” incitement.  Consequently, for the 1948 Genocide Convention to have meaning, Khamenei should be prosecuted and found guilty of Genocide Convention Art. 3(c)’s “direct and public incitement to commit genocide” criminal provision.

In conclusion, it must be emphasized, Supreme Leader Khamenei, and not President Ahmadinejad, is in sole and absolute control of Iran’s nuclear weapons program.  The World Powers better take fast notice that their “Good Guy, moderate” Khamenei is a psycho messianic Shi’ite Twelver who will not hesitate to use a nuclear bomb to “cut off” the Zionist “cancerous tumor.” 

For the Supreme Leader Khamenei, mutually assured destruction (MAD) is not a deterrent to Iran’s use of a nuclear bomb against Iran, but is an incentive.  Iran is a county of 80,000,000 people.  Khamenei would believe it is religious and strategic divine destiny for Iran to lose 40,000,000 Iranians, if he could wipe out 6,000,000 Jews of Israel, and strategically control the Middle East’s oil supply. 

The United States and the State of Israel should immediately make a co-application for genocidal war crimes prosecution against Iran as a country, and the Supreme Leader Khamenei, as an individual to the Hague, and make a motion for a UN Security Council referral resolution of Genocide Crimes to the Hague.