President Mahmoud Ahmadinejad of the Islamic Republic of Iran has made the destruction of Israel his avowed policy. Ahamadinejad’s declaration in 2005 that "Israel should be wiped off the map" was met by widespread international outcry. Yet, this declaration was not an isolated incident, but the firstofmanyduringthepastyear. Indeed,itisfair to consider the elimination of Israel as Iran’s foremost foreign policy objective, to be facilitated by arming Hizbullah and Hamas, advancing Iran’s rogue nuclear weapons program, and expanding its arsenal of long-range nuclear-capable missiles that can reach anywhere in Israel and Europe.

The statements emanating from the Iranian President are not only alarming and destabilizing. They also constitute direct and public incitement to commit genocide -- a gross violation of international law. Such incitement is reminiscent of historical incidents of genocide, like that which occurred in Rwanda. The critical difference is that while the Hutus in Rwanda were equipped with the most basic of weapons, such as machetes, Iran, should the international community do nothing to prevent it, will soon acquire nuclear weapons. This would increase the risk of instant genocide, allowing no time or possibility for defensive efforts.

It is essential to distinguish between freedom to oppose a government and incitement to genocide. Various political leaders outspokenly condemn rival governments using epithets like "the evil/Cuban/corrupt/North Korean/ruthless regime." These verbal barrages, however, pose no existential threat to ordinary people in the street. Ahmadinejad’s reckless anti-Semitic tirades that "the Jews are very filthypeople,""[theJewshave]inflictedthemost damage on the human race," "[the Jews are] a bunch of bloodthirsty barbarians," "they should know that they are nearing the last days of their lives," and "as the Imam said, Israel must be wiped off the map" should have aroused trepidation. Thus far, however, Ahmadinejad’s threats have been met with acquiescence, indifference, and inaction. Yet, his apocalyptic utterances are not mere rhetoric. Ahmadinejad’s declaration that the Holocaust was a "fairy tale," and his enabling of Hamas and Hizbullah, demonstrate that there is simply no way for his ambitions to be realized without perpetrating a new genocide.

In all cases of previous genocides, the response of the international community has been too little and too late. As KofiAnnanplaintivelystatedonthetenth anniversary of the Rwandan genocide,"We must never forget our collective failure to protect at least eight hundred thousand defenceless men, women and children who perished in Rwanda ten years ago. Such crimes cannot be reversed. Such failures cannot be repaired. The dead cannot be brought back to life. So, what can we do?"

In response to Annan’s sober question, the international community must heed the early warning signs of genocide and act to prevent it. Various mechanisms to prevent genocide are

available under international law and the national laws of a number of countries. These can be employed in order to thwart the realization of Ahmadinejad’s goal. One of the relevant legal sources is the Convention on the Prevention and Punishment of the Crime of Genocide, which came into force on January 12, 1951. This Convention is one of the most widely accepted treaties in the realm of international law, having been ratifiedby138 states, including Iran.

The Genocide Convention definesthecrimeofgenocide, and stipulates that certain acts related to genocide are punishable. One of these prohibited acts is incitement to commit genocide. By including this as a crime the drafters sought to create an autonomous breach of international law, which is an inchoate crime -- a crime in the absence of any substantive offence having been committed or consummated. Thus, in order to succeed in a case of incitement, a prosecutor need not prove that genocide has in fact transpired. It is sufficienttoprove that incitement to genocide has occurred.

In analysing the Genocide Convention and relevant case law, it is indisputable that Ahmadinejad is engaged in and responsible for direct and public incitement to commit genocide. The challenge now is averting this imminent disaster. Sadly, the historical record shows that the international community has consistently delayed action until after thousands or even millions were already slain. This shameful record must be, and can be, improved upon, by implementing the existing international and/or national laws.

The broader contribution to be made here is to rally the world to use the legal means available not only to combat genocide, but to prevent it. The crime of incitement is materially nothing compared to the actual slaughter, displacement, and rape of Sudanese, or their predecessors in Cambodia or elsewhere. However, the drafters of the Genocide Convention and the Rome Statute included inchoate crimes like incitement so that a person like Ahmadinejad – who has broadcast his intentions on an unprecedented global scale – can be stopped.

This Monograph seeks to generate public, legal and diplomatic action pertaining to Iran’s violations of the requisites for U.N. membership and the central role of the Iranian President in incitement to genocide. If the world wakes up and enforces its law, the future of genocide will read quite differently, and perhaps not at all.

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