Columnist Michael Gerson has an interesting Washington Post opinion piece arguing that Iran may be culpable for incitement to genocide against Israel under international criminal law.  This is not a new argument.  We have made the same argument here and here  and elaborated on some of the technical issues here.  Mitt Romney famously endorsed the argument during the last presidential campaign.  What is new is the context in which it appears.  Previously, arguments about Iranian genocidal incitement have focused on President Mahmoud Ahmadinejad.  As Iran prepares for a presidential transition, however, it is important to stress, as Gerson does, that Iranian genocidal incitement has been pervasive throughout its regime.  Indeed, this incitement has been a constant in recent Iranian history under multiple presidential administrations.  Ayatollah Ali Khamenei, Iran’s supreme leader, may also be culpable.  Regardless of the fluctuations in Iranian politics, the prospect of anti-Israel genocide remains a serious issue for American foreign policy.  Gerson is right to remind us of its urgency. (more…)