Column
Comment
Gaza
Israel
Middle East
4 min read

“Sometime the killing just has to stop”

Simple calls for peace are often against the grain of power, observes George Pitcher. Many still yearn for it, even when faced with complexities and impossibilities.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A dove stands on a concrete block wall.
A dove rests on a wall in Gaza, 2021.
براء حبوش on Unsplash.

I admire my friend Clive Stafford Smith for two principal reasons. He’s a demon pace bowler for my Vicar’s XI cricket team. And, as a lawyer, he has dedicated his career to defending prisoners on death row. I’m not sure whether batsmen or US attorneys find him the more threatening. But I know I’d want to have him on my side, whether on the pitch or in court. 

We always have to be careful how we describe people these days. I nearly wrote that Clive is an atheist; more accurately he is an unbeliever. He’s certainly pleased to have God on his side if it means appealing to the Christian conscience of jury members in a capital trial.  

But it’s two very ordinary comments that I remember from hanging out with him, which come to mind now as we witness the hatred of war in the Middle East and which evoke words spoken to me by the principal of my theological college some years ago:  

“Be very careful to notice, George, where you encounter the Christ.”  

Meaning that it won’t necessarily be among the pious, the faithful and the churched. 

The first was a comment I heard Clive make in an interview:

“It’s always been a rule of my life that if someone is being hated, you have to get between the hated and the hater.” I have tried, when I can, to stand in the corner of what we might call the “hatee”.  

The second was a phrase spoken by an actress in a play that arose from Clive’s work with the charity he co-founded, Reprieve. It’s a monologue comprising the story and the court evidence given in the US by Lorelei Guillory, whose six-year-old son Jeremy was taken and murdered by Rick Langley.  

Lorelei visited him in jail and subsequently appeared as Clive’s witness to plead that Langley be spared the death penalty. Her breathtaking words of explanation, which have stayed with me since, were simple:  

“Sometime the killing just has to stop.” 

It’s the simplest words that cut through the political noise and sophistry. I believe the voices of western powers should be calling for, insisting upon or even demanding a ceasefire between Israel and Hamas in Gaza. Our Church leaders have done so. But these voices are called naive or simplistic or disloyal, or worse. 

In the UK, London Mayor Sadiq Khan has called for a ceasefire, pitching him against his political party leader Sir Keir Starmer. Khan is a Muslim – again, let’s be careful to note where we encounter the authentic voice of peace. Conservative minister Paul Bristow has been sacked by the government for calling for a ceasefire, while prime minister Rishi Sunak continues to mouth that “Israel has a right to defend herself.” 

So, the call for peace, against the grain of power, comes from across the political spectrum. Against it are the claims of naivety and disloyalty, which state that the situation is far too complex for peace or that Israel must be left to its own self-determination.

Faced with complexities and impossibilities, both these writers seem to conclude, almost in prayer, with a yearning for peace 

But even here the runes read for ceasefire. Take two recent and prominent commentators on the conflict, again from across the political spectrum. And, again, we must be careful, in this febrile climate, how we describe people. These are not Jewish commentators, so much as columnists who happen to be Jews. 

One, Jonathan Freedland in the Guardian, writes a superb piece that this isn’t about Team Palestine versus Team Israel and picking which is wrong: “Israeli novelist and peace activist Amos Oz was never wiser than when he described the Israel/Palestine conflict as something infinitely more tragic: a clash of right v right.” His pay-off is devastating: “There are no winners – only never-ending loss.” 

The other, Daniel Finkelstein in The Times, writes equally soundly that foreign observers, calling for ceasefire, fail to understand Israel’s roots. He cites 1958’s blockbuster novel-to-movie Exodus to posit that Khan’s call for a ceasefire “was not merely wrong, not merely absurd… it was utterly pointless.” 

Yet he concludes with a quote from Exodus’s final scene beside an Arab and Israeli grave:  

“... the dead always share the earth in peace. And that’s not enough. It’s time for the living to have a turn.” 

Then Finkelstein’s own pay-off:  

“May it come to pass.” 

Faced with complexities and impossibilities, both these writers seem to conclude, almost in prayer, with a yearning for peace. It’s difficult to see how that peace comes without ceasefire. 

I’ve referenced a Muslim and Jewish voices so far. What of the third Abrahamic faith, the Christian voice?  

One hopes it joins the others, with the old hymn’s still, small voice of calm. It has to call for ceasefire. Because as my friend Clive puts it, we have to get between the hated and the hater. And as Lorelei said, sometime the killing just has to stop.  

Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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