Genocide, as in the legal definition, requires intent. As far as I see it Germany is not even trying to deny anything Israel did or does, or argue evidence in any other way, all the government is basically doing is saying “Your honour, our client can’t have intent because they’re demonstrably criminally insane, we know because we caused that insanity”. Not in that many words, but to that effect.
And a sane person/nation would willingly engage in genocide? Insanity doesn’t negate intent, only ones ability to distinguish reality or prevent themselves from carrying out actions they know to be immoral. Inb4 India, China, the USA, and Russia of course but you take my point?
With individuals, criminal insanity means that you can’t be held accountable on account of not being able to tell good from wrong: Lacking that ability, you cannot have an intent to do wrong. It’s also not a get out of jail free card, it’s quite often a get locked into a closed institution for an indeterminate amount of time card, until the doctors decide that you’re not a danger to yourself or society. Being judged criminally insane can turn a five-year sentence into de facto life.
And it’s not like I personally agree that the notion is really applicable to a people, or that it should be considered when it comes to the genocide convention, but damn someone has to be their defence lawyer – they certainly aren’t capable of defending themselves, pretty much everything they say just makes people more mad, justifiably so. Given Germany’s history don’t blame us for taking on that role.
Genocide, as in the legal definition, requires intent. As far as I see it Germany is not even trying to deny anything Israel did or does, or argue evidence in any other way, all the government is basically doing is saying “Your honour, our client can’t have intent because they’re demonstrably criminally insane, we know because we caused that insanity”. Not in that many words, but to that effect.
And a sane person/nation would willingly engage in genocide? Insanity doesn’t negate intent, only ones ability to distinguish reality or prevent themselves from carrying out actions they know to be immoral. Inb4 India, China, the USA, and Russia of course but you take my point?
With individuals, criminal insanity means that you can’t be held accountable on account of not being able to tell good from wrong: Lacking that ability, you cannot have an intent to do wrong. It’s also not a get out of jail free card, it’s quite often a get locked into a closed institution for an indeterminate amount of time card, until the doctors decide that you’re not a danger to yourself or society. Being judged criminally insane can turn a five-year sentence into de facto life.
And it’s not like I personally agree that the notion is really applicable to a people, or that it should be considered when it comes to the genocide convention, but damn someone has to be their defence lawyer – they certainly aren’t capable of defending themselves, pretty much everything they say just makes people more mad, justifiably so. Given Germany’s history don’t blame us for taking on that role.
it’s not genocide, it’s war crimes: Germany, 2024