I wrote this article years ago during a different Gaza war. I wrote it because I thought we leaned far too hard on the idea that war crimes were the problem in war, not that war itself is the problem. This is comparable to the more recent construction that a revised-down definition of genocide made genocide the problem in war, not war itself. Saying that an American attack against Iranian critical national infrastructure is by nature a war crime, isn’t entirely true under the International Law of Armed Conflict as it is currently understood, even in democracies apart from the US. Also, American government behaviour redefines legitimacy in a way that people are rightfully reluctant to accept. Just as the requirement in American constitutional law for Congress to approve war appears now to be all but a dead letter, an understanding that war crimes are crimes appears now to be all but a dead letter.

This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit nusbacher.substack.com/subscribe