Genocide, atrocity and war propaganda pt 1
Hey Twitter bro
Part 1
This Fallout series of articles was provoked by thoughts I have already been having on propaganda thoughts, which are already somewhat covered in our upcoming book, Russian Genocidal Warfare (Bellamy, Blood, Du Cane - see end of post) and some recent developments. Its also based around Twitter’s smug feeling of immunity for responsibility for providing Russian genocidal rhetoric a channel.
There is no public service or free speech protection and defence for genocidal and war crime speech. I wonder if the Twitter legal department is too busy handling idiots like Elon Musk and Kanye West, and especially Donald Trump. Yes, they’re all richer than me but they’re just highly specialised predators in parasitic niches. At least as sociopaths if not psychopaths and one needs help.
JDCA CEO @HalieSoifer: “Kanye West’s comments, which echo some of the darkest & oldest conspiracy theories about Jews, are deeply antisemitic & dangerous...It’s incumbent on public figures to condemn this antisemitism, as opposed to giving it a platform.”
— Jewish Dems (@USJewishDems) 4:33 PM ∙ Oct 11, 2022
Well, Kanye is good great genius with music but I find it pretentious and not to my taste. Big up junglist, gwan.
Back to the subject, is Twitter too addicted to engagement? The Facebook trap? There is no public service reason to let Russian government agencies and crypto agencies spew their filth via Twitter.
There will be a new Nuremberg for the likes of you one day, Margarita
— NeilMackay (@NeilMackay) 2:22 PM ∙ Oct 10, 2022
“And there’s your answer,” says the head of RT, Margarita Simonyan, as Russia bombs civilian targets in Ukraine including a children’s playground. A cheerleader for murder
Why are Margarita Simonyan and other Kremlin official accounts still enjoying their presence on Twitter, using this platform to justify and celebrate Russia’s war crimes in Ukraine?????
— Eto Buziashvili (@EtoBuziashvili) 9:27 AM ∙ Oct 10, 2022
Dear Twitter, please ban the fascist propaganda troll Margarita Simonyan. She is a war criminal who will be indicted by an international tribunal for enciting war of aggression and genocide.
— Christian Palme (@ChPalme) 12:44 PM ∙ Oct 10, 2022
They are the current-day Nazis. The more freedom they have to vent their bile, the more bile they produce and it seems Russian actors are engaged in a spiral of hate speech which does affect their policy and behavior. Hate comes before action. Always. Giving them social media access is oxygen to their fire of hatred. Its the same with Russian market access, Russian tourism and Russian speech.
How to recognize a rashist in another country
— NEXTA (@nexta_tv) 5:17 PM ∙ Oct 11, 2022
In the United States, a fan of Putler, dissatisfied with pro-Ukrainian rallies, began to insult and spit at the police officer.
The result of such actions is obvious.
Access means atrocities. We can follow the rambling chaos of Russian traditional media and Telegram which contains more evil and genocide than the archives of the SS would over a thousand year Reich.
Russian state TV's Vladimir Solovyov isn't even pretending any longer that Russia is hitting military targets in Ukraine
— Francis Scarr (@francis_scarr) 3:34 PM ∙ Oct 11, 2022
He's just telling his viewers that the country deserves to get hit with missiles
Pavel Gubarev, Russia's "DPR" figure in Donetsk, states their intent towards Ukrainians: "We aren't coming to kill you, but to convince you. But if you don't want to be convinced, we'll kill you. We'll kill as many as we have to: 1 million, 5 million, or exterminate all of you."
— Julia Davis (@JuliaDavisNews) 1:06 PM ∙ Oct 11, 2022
Propaganda is a key part of preparation and conduct of warfare - and in genocide. Not every war is genocidal, not every genocide requires war but every genocide and involves propaganda.1 Russian propaganda supports their war and their genocide. There must be responsibility.
And I even think Twitter in particular is straying into criminal responsibility before the ICC or national jurisdictions for its executives and employees for facilitating war, genocide and atrocity propaganda via allowing Russian criminals a platform for the calls to illegal action, especially genocide. Twitter, the ICC doesn’t care about your safe harbour provisions - and you’re not covered by the US War Criminal Immunity Act except for extradition.2 Media is a tool of war and social media in particular is still a tool of war.3 It is also a tool in this war and Russian genocide.4 Provide a platform for genocide propaganda? Go to jail.
If one side is spreading genocidal propaganda then the platform and it’s owners, board and employees should face criminal liability at the ICC under the appropriate articles. Serious. Not even a discussion about neutrality. fallout.substack.com/p/twitter-does… https://t.co/5Y3ad8AkWG
— Dustin Du Cane (@DustinDuCane) 11:53 AM ∙ Oct 11, 2022
Twitter bros - you do not have safe harbour protection from this:
Article III The following acts shall be punishable:
The ICC has jurisdiction over you.
Article 25(8) Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
…
(c) and (e) above combine.
I will need to do some groundwork so let’s start the (disjointed) legal history lesson.
Iona Nitchenko, Moscow show trial murderer was a terrible lawyer. So was his (from a colleague) concept of war of aggression which was conjured up in his version to appropriate the greatest atrocity of World War Two from the Jews and other genocided people - to the attack on glorious rodina, the USSR (Russia rebranded).
Nitchenko was a legal nihilist - he saw law only as a tool. Trials were only to give the arranged verdict. He protested to the other judges on this and they were embarrassed/shocked (claimed), being naive about Russian ‘law’. He was mostly an embarrassment at Nuremberg - like attempting to blame the Germans for Katyń.8 But he was right with his quote on propaganda (above), in his dissent to the acquittal of Hans Fritzsche, Nazi flunky, who escaped any punishment at Nuremberg.9 Fritzsche was a stand-in for murderer-suicider Goebbels. Friszche convinced the naive Western judges he didn’t know about the Holocaust. Turned out that he most definitely did. He should have hung. Russians know propaganda and know it is used in genocide! The judge murderer was simply applying principles of incitement to violence that he knew - propaganda precedes, catalyzes or causes and justifies the violence! We see that today with smartphones becoming instruments of violence as or more important than guns, machetes and burning tires (Ford, Hoskins, Radical War)
One of Trainin’s murderer-pretending-to-be-a-lawyer ‘friends’ (they denounced and murdered each other, promotion was very much over the body of your predecessor) was Andrey “Give me a man and I will find the crime.” Vyshinsky, who undoubtedly put Rafael Lemkin on the Soviet kill list during the Soviet invasion of Poland with its ally Nazi Germany in September 1939. Vyshinsky particularly despised Lemkin’s idea of limiting state sovereignty. A position held by many other fascists then and now (yes I know he was technically a Russian communist, but the flip side of the same coin).10
Lemkin most famously coined the term genocide with his work Axis Rule in Occupied Europe.11 He was one of the architects of the Genocide Convention, which Vyshinsky tried to sabotage at convention and in committee.12
Lemkin wasn’t only the author of the term genocide. In 1934 he worked with his Lviv (Lwów) University mentor, on the appropriately nicknamed Kodeks Makarewicza, a progressive and humane criminal code that reformed Polish law at a time of growing fascism and legal nihilism throughout Europe.14 Juliusz Makarewicz is a fascinating man. A Jew who hated being Jewish, a Polish nationalist, who taught at Lviv University throughout the war and continued after 1945 when my grandmother was chased out of Lwów and Stalin took the city for the Russian Empire (it’s good that it is now a Ukrainian city, and it should stay that way, my grandmother was half Ukrainian). Lwów University was a genius foundry - then the Nazis annihilated the legacy, to the point that the university didn't know Lemkin was a graduate (Philip Sands pointed this out and now Lemkin is appropriately celebrated)15. Hersch Lauterpacht, QC, another genius of law, a titan of human rights law, and one of the key authors of the European Convention of Human Rights that the fascist Suella Braverman, who soiled the position of QC, despises, was supposedly unable to study law as a Jew at Lwów because of Polish nationalism. However, Makarewicz was Lemkin’s friend and mentor. All Jews. All brilliant lawyers. Two of them claimed Poland very vigorously and rightfully so. Makarewicz was very nationalistic. He was not a fascist. Neither was Lemkin, who became somewhat of a Zionist and attempted to become too friendly with the American right, who despised him as a Jew and Pole, a polyglot who spoke funny.16
I digress. The Kodeks Makariewcza contains:

Art. 113. §1 Whoever publicly agitates for a war of aggression, is subject to imprisonment for up to 5 years.
§2 Prosecution only occurs if the act under §1 is criminalised by the legislation of the country against which the agitation is brought.
This was obviously a reaction to Nazi agitation against Poland, but also Soviet agitation, Poland had won an existential war against Soviet Russia only a decade before.
Lemkin claimed authorship of this provision of law.17 He was in 1934 a noted lawyer, public and private in Poland. This alone would have got him on Soviet kill lists, even before he attacked Soviet legal nihilism and instrumentalism in his commentaries on Soviet pseudo-law.18 His thoughts on international law including banning war of atrocities brought him to genocide. He didn’t however make the Soviet nonsense claim that war was the root of all evil and atrocities. Atrocities occur without war (Holodomor) and are the reason for war (Holocaust on Jews mixed with lebensraum genocide and revanchist behind that was the dominant driver of Nazi war)
This is not the same provision as the Soviet legal appropriation mechanism of war of aggression against rodina… Soviet appropriation reached such absurd levels post-war that even the term genocide was also appropriated:
The prohibition of propaganda to war as well as the prohibition of war itself were subjects that lawyers and politicians were dealing with in the inter-war period and Lemkin was not alone or the leading jurist on the subject.20 He was however making the steps that would lead him to legal greatness.
However, at the same time, others were taking steps towards the Holocaust.21 Lemkin was a genius of law. The Nazis were geniuses of propaganda.
Your eyes will be glazing over by now, so part 2 this week.

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PS Update 29 November 2022
They’re getting worried about the Hague
Disarray. Confusion. Even hints of fear and desperation. This is not going according to plan…
— Carl Bildt (@carlbildt) 8:42 AM ∙ Nov 29, 2022
PPS Junglist gwan heavy
‘War, Propaganda and the Media’. Accessed 11 October 2022. https://www.globalissues.org/article/157/war-propaganda-and-the-media.
Yanagizawa-Drott, David. ‘Propaganda and Conflict: Evidence from the Rwandan Genocide’. The Quarterly Journal of Economics 129, no. 4 (2014): 1947–94. https://www.jstor.org/stable/26372590.
‘The Road to Genocide: The Propaganda Machine of the Self-Declared Islamic State (Is) in: International Criminal Law Review Volume 16 Issue 3 (2016)’. Accessed 11 October 2022. https://brill.com/view/journals/icla/16/3/article-p361_1.xml?language=en.
Wieringa, Saskia, and Nursyahbani Katjasungkana. Propaganda and the Genocide in Indonesia. London: Routledge, 2020. ↩
‘American Service-Members’ Protection Act’. In Wikipedia, 31 July 2022. https://en.wikipedia.org/w/index.php?title=American_Service-Members%27_Protection_Act&oldid=1101575158. ↩
Lower, Matthew, and Thomas Hauschildt. ‘The Media as a Tool of War: Propaganda in the Rwandan Genocide’. Human Security Centre (blog), 9 May 2014. http://www.hscentre.org/sub-saharan-africa/media-tool-war-propaganda-rwandan-genocide/.
Ford, Matthew C., and Andrew Hoskins. Radical War: Data, Attention and Control in the Twenty-First Century. New York, NY: Oxford University Press, 2022. ↩
Souza Dias, Talita de. ‘Russia’s “Genocide Disinformation” and War Propaganda Are Breaches of the International Convention Concerning the Use of Broadcasting in the Cause of Peace and Fall within the ICJ’s Jurisdiction’. EJIL: Talk! (blog), 4 March 2022. https://www.ejiltalk.org/russias-genocide-disinformation-and-war-propaganda-are-breaches-of-the-international-convention-concerning-the-use-of-broadcasting-in-the-cause-of-peace-and-fall-within-the/. ↩
‘Treaties, States Parties, and Commentaries - Convention on the Prevention and Punishment of Genocide, 1948’. Accessed 11 October 2022. https://ihl-databases.icrc.org/ihl/INTRO/357. ↩
Rome Statute International Criminal (2022). https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf. ↩
‘Putting Criminal Accountability into Perspective: Russia, Ukraine and the ICC’. Accessed 11 October 2022. https://www.leidenlawblog.nl/articles/putting-criminal-accountability-into-perspective-russia-ukraine-and-the-icc. ↩
Hirsch, Francine. Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II. New York, NY: Oxford University Press, 2020. ↩
World Socialist Web Site. ‘The Nuremberg Tribunal and the Role of the Media’. Accessed 11 October 2022. https://www.wsws.org/en/articles/2003/04/nure-a16.html. Watch out, Russian friendly! ↩
Irvin-Erickson, Douglas. Raphael Lemkin and the Concept of Genocide. University of Pennsylvania Press, 2017, 49. https://www.jstor.org/stable/j.ctv2t4ds5. ↩
Lemkin, Raphael. Axis Rule In Occupied Europe: Laws of Occupation, Analysis of Government, Proposals for Redress. Washington D.C: Carnegie Endowment for International Peace, 1944. ↩
‘United Nations Office on Genocide Prevention and the Responsibility to Protect’. Accessed 11 October 2022. https://www.un.org/en/genocideprevention/genocide-convention.shtml. ↩
Cooper, John. Raphael Lemkin and the Struggle for the Genocide Convention. Basingstoke [England] ; New York: Palgrave Macmillan, 2008, 113. ↩
‘Rozporządzenie Prezydenta Rzeczypospolitej z Dnia 11 Lipca 1932 r. - Kodeks Karny.’ Accessed 11 October 2022. https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19320600571. ↩
Sands, Philippe. East West Street: On the Origins of Genocide and Crimes Against Humanity. London: W&N, Weidenfeld & Nicolson, 2016. Covers Lemkin, Lauterpacht and Hans Frank, a murder lawyer who outdid his Soviet colleagues. ↩
Irvin Erickson, Rafael Lemkin, chapter 7, “The Cold War and the Civil Rights Movement”. ↩
Irvin Erickson, Rafael Lemkin, 43. RaphaËl Lemkin Genocide Prevention Program. ‘Lemkin’s Theory’. Accessed 11 October 2022. https://lemkinprogram.gmu.edu/lemkin. ↩
Lemkin, Rafał, and Wacław Makowski. Kodeks Karny Rosji Sowieckiej. Warszawa: F. Hoesick, 1928. ↩
Weiss-Wendt, Anton. A Rhetorical Crime: Genocide in the Geopolitical Discourse of the Cold War, 20. New Brunswick: Rutgers University Press, 2018. ↩
Kearney, Michael G. ‘The Roots of the Prohibition of Propaganda for War in International Law’. In The Prohibition of Propaganda for War in International Law, edited by Michael G. Kearney, 0. Oxford University Press, 2007. https://doi.org/10.1093/acprof:oso/9780199232451.003.0002. ↩
United Nations, ed. Historical Review of Developments Relating to Aggression. New York: United Nations, 2003. https://legal.un.org/cod/books/HistoricalReview-Aggression.pdf. ↩
‘Opening Statement before the International Military Tribunal - Robert H Jackson Center’. Accessed 11 October 2022. https://www.roberthjackson.org/speech-and-writing/opening-statement-before-the-international-military-tribunal/, https://www.roberthjackson.org/speech-and-writing/opening-statement-before-the-international-military-tribunal/. Jackson made a bad call calling war of aggression the crime of crimes at Nuremberg, I won’t forgive him easily because his bad quote is constantly cited when the words he said are actually Trainin’s. ↩
Charge of war of aggression in Ukraine invasionI’d like to present some rambling thoughts about the concept of war of aggression as it was conceived and in the current context. There’s more on this in my draft for the upcoming book. I would argue that the concept of war of aggression (crimes against peace) was heavily developed during WW2 primarily by Soviet pseudo-lawyers to frame the Second World …