Gaza genocide

Allegations of Israeli genocide in Gaza
Part of the Israel–Hamas war and Israeli occupation of the Palestinian territories
Men with body bags, Gaza Strip, October 2023
Location	Gaza Strip
Date	7 October 2023 (2023-10-07) – present
Target	Palestinians
Attack type	Collective punishment, airstrikes, famine, ethnic cleansing, forced displacement, mass murder, others
Deaths	At least 30,320 killed
Victims	Destruction of approximately 70% of homes and 50% of buildings in Gaza 500,000+ experiencing starvation 1,900,000+ internally displaced persons
Motive	Response to attack on Israel Zionism Anti-Arab racism Anti-Palestinianism Settler colonialism
Accused	Israel Benjamin Netanyahu and the Israeli war cabinet Israel Defense Forces, under the leadership of Yoav Gallant

The State of Israel has been accused of genocide against Palestinians in the Gaza Strip during the Israel–Hamas war. Various scholars have cited statements by senior Israeli officials, which they argue demonstrate an "intent to destroy" the population of Gaza, a necessary condition for the legal threshold of genocide to be met.

The government of South Africa has instituted proceedings, South Africa v. Israel, against Israel at the International Court of Justice, alleging genocide. In an interim ruling, the International Court of Justice found Israel was operating under plausible intent to commit genocide and ordered Israel to observe its obligations under the Genocide Convention by taking all measures within its power to prevent the commission of acts of genocide, to prevent and punish incitement to genocide, and to allow basic humanitarian services into Gaza. The Israeli government rejected the court's finding and called the ICJ "antisemitic".

Between 7 October 2023 and 1 February 2024, Israeli forces had killed over 27,000 Palestinians – one out of every 85 people in Gaza – averaging 230 killings a day. A majority of victims were civilians, including over 19,000 women and children, and 85 journalists. It is believed that thousands of more dead bodies are under the rubble of destroyed buildings. While by November 2023, 202 healthcare workers had been killed.

Background

See also: Palestinian genocide accusation, Israeli-occupied territories, Israel and apartheid, and Blockade of the Gaza Strip

On 7 October 2023, Hamas led an [2023 Hamas-led attack on Israel|attack into Israel]] from Gaza, resulting in at least 1,139 deaths. Israel's response, including its invasion of the Gaza Strip, has led to concerns that the Hamas-led attack was being used by Israel to justify genocide against Palestinians.

Legal definition of genocide

The 1948 Genocide Convention defines genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". The acts in question include killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Genocide is a crime of special intent ("dolus specialis"); it is carried out deliberately, with victims targeted based on real or perceived membership in a protected group.

Victims

A EuroMed Rights report released on 18 November 2023, which labels Israel's actions in Gaza as a genocide, reported that 15,271 Palestinians in Gaza had been killed, 32,310 Palestinians had been injured, and an estimated 41,500 were unaccounted for. Multiple news and academic outlets have subsequently reported on updated figures, with at least 20,000 Palestinians having been killed in Gaza by December 2023, an estimated 70% of whom were women and children. Per the Gaza Health Ministry and Government Information Office by 3 January 2024, over 22,300 people had been confirmed dead. About 7,000 people are missing, likely buried under the rubble. Within the first 3 weeks of the assault on Gaza, more children had been killed than in all other conflicts since 2019 combined. Over 52,000 people had been wounded by December 2023.

Since the beginning of the 2023 Israel–Hamas war, nearly 2 million people have been displaced within the Gaza Strip.

Alleged genocidal intent

See also: Genocidal intent

In an article in Opinio Juris scholars opined that statements by Israeli officials since October 7 indicated intent to commit genocide. The NGO Law for Palestine compiled more than 500 statements by Israeli political and military officials that allegedly call for genocide. Genocide scholar Mark Levene in discussing the genocidal actions and intent from 7 October, noted the increasing rhetoric of genocide and ethnic cleansing under the preceding Netanyahu governments.

Israeli cabinet ministers

"Davidster" (Star of David) by Dick Stins is a Holocaust memorial in The Hague. The text at the side (in Dutch and Hebrew) is from Deuteronomy 25:17, 19 – "Remember what Amalek has done to you ... do not forget."

Since 7 October 2023 a variety of official and semi-official sources and outlets have engaged in rhetoric suggestive of genocidal intent.

On 9 October 2023, Yoav Gallant, Israeli Minister of Defense, stated "We are fighting human animals, and we are acting accordingly", a statement that was characterized as an example of dehumanization. On October 10, Gallant said he had "removed every restriction" and was reported by the Associated Press as having added "Gaza won't return to what it was before. We will eliminate everything." The Associated Press, the New York Times, The Guardian and NPR all issued corrections to the translated quote, restoring a second sentence which had been omitted in earlier reporting, making the quotation "Gaza won't return to what it was before. There will be no Hamas. We will eliminate everything."

Avi Dichter, Israeli Minister of Agriculture, called for the war to be "Gaza's Nakba" on Channel 12. Ariel Kallner, another Member of the Knesset from the Likud party, similarly wrote on social media that there is "one goal: Nakba! A Nakba that will overshadow the Nakba of [1948]. Nakba in Gaza and Nakba to anyone who dares to join". Amihai Eliyahu, Israeli Minister of Heritage, called for dropping an atomic bomb on Gaza.

Israeli energy minister Israel Katz said "All the civilian population in Gaza is ordered to leave immediately. We will win. They will not receive a drop of water or a single battery until they leave the world."

Israeli president and members of Israeli parliament

President of Israel Isaac Herzog blamed the "entire nation" of Palestine for the 7 October attack. He further said "It is not true this rhetoric about civilians being not aware, not involved. It is absolutely not true."

Yitzhak Kroizer, representing the extreme-right Otzma Yehudit party in the Knesset, stated in a radio interview that the "Gaza Strip should be flattened, and for all of them there is but one sentence, and that is death." Tally Gotliv of the Likud party called for the use of nuclear weapons against Gaza.

Invocations of 'Amalek'

Israeli Prime Minister Benjamin Netanyahu's repeated invocation of "Amalek" during the war has been considered evidence of genocidal intent by many critics, including South Africa. In a speech on 28 October 2023, Netanyahu said (in Hebrew) "You must remember what Amalek has done to you, says our Holy Bible," quoting from Deuteronomy 25:17 in the Hebrew Bible. The phrase "Remember what Amalek did to you" is used in Holocaust memorials, including Yad Vashem and the Hague Jewish Monument. Netanyahu later made another allusion to the verse in a letter to IDF soldiers and officers.

Critics have connected Netanyahu's allusion to Amalek with 1 Samuel 15:3: "Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass." Noah Lanard of Mother Jones describes verses discussing Amalek as among the most violent in the Bible and that they have a long history of being used by Jews on the far-right, such as Baruch Goldstein, to justify killing Palestinians. Amalek was "the foe that God ordered the ancient Israelites to genocide", and scholars have described the verse as an instance of 'divinely mandated genocide'. However, Yair Rosenberg of The Atlantic argues that the verse from Deuteronomy which Netanyahu cites refers to the need to remember an attack against the Jewish people and that connecting Netanyahu's remarks to Samuel is inaccurate, comparing the interpretation to tying the term jihad exclusively with Islamic terrorism. In addition to this, on October 7, Netanyahu said the people of Gaza would pay a "huge price", and Israel would turn parts of Gaza "into rubble".

Other Israeli officials

Major General Ghassan Alian, Coordinator of Government Activities in the Territories, stated: "There will be no electricity and no water (in Gaza), there will only be destruction. You wanted hell, you will get hell".

IDF Major general Giora Eiland wrote "Gaza will become a place where no human being can exist". He added "Creating a severe humanitarian crisis in Gaza is a necessary means to achieving the goal." Israeli historian Omer Bartov writes that no Israeli politician nor anyone in the IDF denounced this statement.

The spokesperson for the Israeli army said, in regards to Israel's bombing of Gaza, "the emphasis is on damage not accuracy". This statement was interpreted by legal scholars as intention of destruction.

The mayor of the Israeli town of Metula said the Gaza Strip should be "flattened completely, just like Auschwitz today."

In an interview far-right politician and former Knesset member Moshe Feiglin stated "There is one and only solution, which is to completely destroy Gaza before invading it. I mean destruction like what happened in Dresden and Hiroshima, without nuclear weapons". With Minister of Economy Nir Barkat later stating "I don’t remember Britain or the United States at the tail end of the Second World War bombing Dresden, thinking about the residents." The Bombing of Dresden has also been invoked by academics, non-Israeli politicians, and news organisations in justifying Israel's bombing of Gaza.

Alleged genocidal actions

See also: War crimes in the Israel–Hamas war § By the Israeli government, Gaza humanitarian crisis (2023–present), and Gaza Strip famine

Ambulance operated by the Palestine Red Crescent Society in Khan Yunis, Gaza Strip, after it was heavily damaged by an Israeli military airstrike.

Since 7 October 2023, the IDF has been accused of the extrajudicial killing of Palestinian unarmed detainees, doctors, and workers, making threats of mutilation, death, arson, rape, and torturing Palestinians detained without legal charges. It has also been accused of using excessive force against dozens of schools and hospitals, theft, the cruel and unnecessary desecration and mutilation of deceased Palestinians, and making no, or an inadequate distinction between Hamas forces and civilians. During the fighting, Channel 14 kept a count of every Palestinian killed, labelling all Palestinian casualties as terrorists, while Shimon Riklin, a Channel 14 journalist and anchor, publicly advocated Israel committing more war crimes.

On 26 February Human Rights Watch and Amnesty International both released statements declaring Israel had failed to comply with the International Court of Justice's 26 January ruling to prevent genocide by blocking aid from entry into Gaza. In both statements they reference the 16-year long blockade of Gaza which has intensified since 9 October. From December the World Food Program and the United Nations have reported more than half of the population of Gaza was "starving" and more than nine in ten were not eating everyday and 48% suffering from "extreme hunger". Palestinian Foreign Minister Riyad al-Maliki, who is part of the Palestinian Authority, said Israel was using starvation as a weapon, saying "they are starving because of Israel's deliberate use of starvation as a weapon of war against the people it occupied". An Israeli official responded that the charge was "blood-libellous" and "delusional". Human Rights Watch similarly found that Israel was using starvation as a weapon of war by deliberately denying access to food and water. On 16 January 2024, UN experts accused Israel of "destroying Gaza's food system and using food as a weapon against the Palestinian people".

The law professor and United Nations special rapporteur on the right to food, Michael Fakhri, said that Israel is "culpable" of genocide, as according to Fakhri, firstly "Israel has announced its intention to destroy the Palestinian people, in whole or in part, simply for being Palestinian", and secondly Israel was denying food to Palestinians by halting humanitarian aid and "intentionally" destroying "small-scale fishing vessels, greenhouses and orchards in Gaza […] We have never seen a civilian population made to go so hungry so quickly and so completely, that is the consensus among starvation experts. Israel is not just targeting civilians, it is trying to damn the future of the Palestinian people by harming their children." Since the ICJ ruling there has been a 40% drop in the number of aid trucks being allowed into Gaza by Israel. In an Israel Democracy Institute survey of 510 Israeli citizens in early February, 68% of survey respondents supported preventing all international aid from entering Gaza.

Mark Levene and Elyse Semerdjian locate the mass destruction of infrastructure within Israel's Dahiya doctrine that has been implemented against Gaza since 2006, with Levene labelling it as urbicide and a tool of genocide.

In articles published in November in the Lancet, and February 2024 in the journal BMJ Global Health, multiple doctors detailed how in their professional opinions the targeting of Gazan health infrastructure and medical personnel, coupled with the open genocidal rhetoric of various Israeli politicians amounts to genocide, this assessment has also been support by legal scholars. The healthcare system of Gaza faced several humanitarian crises as a result Israel's assault on Gaza. Due to Israel's siege, hospitals faced a lack of, and by 23 October, Gaza hospitals began shutting down as they ran out of fuel. When hospitals lost power completely, multiple premature babies in NICUs died. Numerous medical staffers have been killed by Israeli airstrikes, and ambulances, health institutions, medical headquarters, and multiple hospitals have been destroyed. Medecins Sans Frontieres said scores of ambulances and medical facilities were damaged or destroyed. By late-October, the Gaza Health Ministry stated that the healthcare system had "totally collapsed".

Academic and legal discourse

See also: Palestinian genocide accusation § Academic discourse, and § Legal discourse

There is currently some disagreement among scholars as to whether Israel's actions can be described as a genocide against the Palestinians.

On 13 October, Israeli historian Raz Segal described the intensified blockade of Gaza, which included the denial of water and food to the civilian population, as a "textbook case of genocide" and connected it to the Nakba, the expulsion of Palestinians during the establishment of Israel in 1948. With other academics also detailing Israel's attacks on infrastructure, food, and water as being genocidal in nature.

On 13 October, journalist Eric Levitz of The Intelligencer argued that governmental administrations of the United States, such as the Biden administration, have given approval to Israeli war crimes against Palestinians in the Israel–Hamas war, and that no military solution can achieve Israel's security goals short of ethnic cleansing and genocide. Ernesto Verdeja, a professor at the University of Notre Dame, told Time on 14 November, that Israel's actions in Gaza were gravitating towards a "genocidal campaign", noting that "the response when you have a security crisis…can be one of ceasefire, negotiation, or it can be genocide." These sentiments were later supported by genocide scholar Mark Levene applying A. Dirk Moses' analysis that "absolute securitization lends itself to collective targeting of human groups, more precisely civilians, regardless of issues of ethnos or genos."

On 19 October 2023, 100 civil society organizations and six genocide scholars sent a letter to Karim Khan, Prosecutor of the International Criminal Court, calling on him to issue arrest warrants to Israeli officials for cases already before the prosecutor; to investigate the new crimes committed in the Palestinian territories, including incitement to genocide, since 7 October; to issue a preventative statement against war crimes; and to remind all states of their obligations under international law. The letter noted that Israeli officials, in their statements, had indicated "clear intent to commit war crimes, crimes against humanity and incitement to commit genocide, using dehumanizing language to describe Palestinians." The six specialist genocide scholars that signed the document were Raz Segal, Barry Trachtenberg, Robert McNeil, Damien Short, Taner Akçam and Victoria Sanford. Segal called the war a "textbook case of genocide." The same day, lawyers at the Center for Constitutional Rights stated that Israel's tactics were "calculated to destroy the Palestinian population in Gaza", and warned the Biden administration that "U.S. officials can be held responsible for their failure to prevent Israel's unfolding genocide, as well as for their complicity, by encouraging it and materially supporting it."

On 9 November 2023, 47 scholars in the fields of history, law, and criminology published an open letter describing Israel's Gaza offensive as genocide. Published by the International State Crime Initiative based at Queen Mary University of London, the scholars wrote that "the Israeli state is employing its extensive and advanced military capacity to inflict violence on Palestinian peoples on such a scale that it is accurate to frame it as the annihilation phase of genocide." A number of prominent Israelis, represented by human rights lawyer Michael Sfard, sent an 11-page open letter to Israel's attorney general and state prosecutor, detailing examples of "the discourse of annihilation, expulsion and revenge". The signatories alleged that the Israeli judiciary was ignoring incitement to genocide in Gaza. On 10 November 2023, Israeli Holocaust scholar Omer Bartov stated in a New York Times opinion piece: "My greatest concern watching the Israel-Gaza war unfold is that there is genocidal intent, which can easily tip into genocidal action."

On 13 November 2023, David Simon, director for genocide studies at Yale University, stated that it was possible that a court could find the IDF guilty of committing an act of genocide, but added that "it's certainly not textbook in that connecting the intent to destroy ethnic group as such is difficult." Yale's Ben Kiernan opined that events did "not meet the very high threshold that is required to meet the legal definition of genocide." Adam Jones, author of a textbook on genocide, took the view that beyond killing civilians en masse, Israel appeared to be inflicting "conditions of life calculated to bring about [the targeted group's] physical destruction," thus violating the Genocide Convention; other scholars such as Dov Waxman said that while there was a "risk of genocidal actions" in Gaza, claims it was already happening were "stretching the concept too far, emptying it of any meaning." Martin Shaw on the other hand argued that the term "genocide" was under-deployed as states wished "to avoid the responsibilities to 'prevent and punish'" imposed by the convention; moreover, he argued, there was "a special aversion to investigating its implications for Israel's conduct. Western states continue to protect it out of a misplaced belief that Jews, having been prime historical victims of genocide, cannot also be its perpetrators."

Victoria Sanford, professor of City University of New York, compared events in Gaza to the 1960–1996 killing and disappearance of 200,000 Mayans in Guatemala, today known as the Guatemalan genocide. Norman Finkelstein has argued that Israeli Prime Minister Benjamin Netanyahu's description of the Palestinians as "Amalek" was a call for genocide; he accused Israel of engaging in a "genocidal war". On 15 October, TWAILR published a statement signed by over 800 legal scholars expressing "alarm about the possibility of the crime of genocide being perpetrated by Israeli forces against Palestinians in the Gaza Strip" and calling on UN bodies, including the UN Office on Genocide Prevention and the Responsibility to Protect, as well as the Office of the Prosecutor of the International Criminal Court to "immediately intervene, to carry out the necessary investigations, and invoke the necessary warning procedures to protect the Palestinian population from genocide."

Sociologist Eva Illouz wrote in October that Israel's "military response … against an enemy which has violated borders and international law, … is not genocide", though in a November article she said that the actions of Israel may be war crimes, then she stated in February 2024 that multiple senior members of the Israeli government have called for genocide in response to the 7 October attacks.

In December 2023, in correspondence published in the Lancet multiple specialists in international medicine and humanitarian aid reiterated warnings of the risk of genocide, while detailing how Israel's blocking of humanitarian support and aid were leading to unnecessary deaths, and how the death rate and death toll would only continue to worsen. They called signatories to the Genocide Convention to enforce a ceasefire on Israel.

Genocide scholar Shmuel Lederman in discussing the Gaza, labels the actions of Israel as genocidal violence, but does not prescribe the term genocide, critiquing the simplification of intent in discussing the term genocide. He locates the situation of Gaza within a long and ongoing history of oppression, including mass surveillance, collective punishment, restrictions on travel and work, and settler-colonialism. He selects Illouz's discussions on Gaza alongside human rights attorney Rabea Eghbariah's determination that Israel is conducting a genocide, to highlight how even specialists using the same frame of analysis (the United Nations genocide convention), there can be disagreement.

In previous accusations of Israel committing a genocide against Palestinians, there has been strong pushback, including labelling such accusations as antisemitic and arguing that such accusations are made with the aim of delegitimising or demonising Israel. The anthropologist and sociologist Didier Fassin has detailed this pushback also occurring with accusations of genocide in regards to the Israeli operations since October 2023. Fassin highlights three rhetorical formations that seem to repeatedly occur, these are: presenting 7 October 2023 as the beginning of events, ignoring any history prior to that date; hyperbolising statements, such as declaring the events of 7 October as "a new Holocaust"; and distortion, where actions taken in Gaza are disputed and the statement of Israel having "the most moral army in the world" is frequently repeated.

In February 2024, Mark Levene detailed how at the very least Israel's actions are ethnic cleansing, in line with Israeli intelligence ministry's policy paper for a forcible and permanent transfer of all Gazans, supported by calls for such action from Netanyahu's government. While arguing that the actions of Israel and statements from Israeli politicians and government officials show that Israel is engaging in genocide.

Statements by political organizations and governments

World leaders and governments

In late 2023, various global leaders and officials voiced their perspectives on the Israel-Gaza conflict, with many labeling Israel's actions in Gaza as "genocide." Iranian Foreign Minister Hossein Amir-Abdollahian, Pakistani Foreign Minister Jalil Abbas Jilani, the Taliban, Palestinian President Mahmoud Abbas, Venezuelan President Nicolás Maduro, and the Kurdistan Communities Union were among those who condemned Israel's actions. Palestinian-American U.S. Congresswoman Rashida Tlaib accused President Biden of supporting this "genocide," leading to a resolution for censure against her by the Republican caucus, sponsored by Marjorie Taylor Greene. On 4 November, Tlaib released a video in which she directly accused President Biden of supporting "the genocide of the Palestinian people". Craig Mokhiber from the UN High Commissioner for Human Rights resigned, criticizing the organization for its response to the 2023 Israel–Hamas war. Mokhiber later stated that Israel's actions against Gaza are a "classic case of textbook genocide". A day after Colombia withdrew its ambassador from Israel, President Gustavo Petro posted on X in Spanish: "It's called genocide, they do it to remove the Palestinian people from Gaza and take it over. The head of the state who carries out this genocide is a criminal against humanity. Their allies cannot talk about democracy." Leaders from Turkey, Brazil, and Syria also condemned Israel's actions.

On 9 February 2024, Turkish Foreign Minister Hakan Fidan stated that the international community's silence on Israel's actions in Gaza were "complicity in genocide". The Qatari Ministry of Foreign Affairs called on the UN Security Council "to take urgent action to prevent the Israeli occupation forces from storming Rafah and committing genocide in" Rafah. On 17 February, Moussa Faki, the president of the African Union, stated, "Gaza is being completely annihilated and its people are deprived of all their rights. We denounce the Israeli operation, which has no parallel in the history of humanity." On 18 February, Brazilian President Luiz Inacio Lula da Silva stated, "What's happening in the Gaza Strip with the Palestinian people hasn't happened at any other moment in history. Actually, it has happened: when Hitler decided to kill the Jews." In the same comments to reporters, Lula also explicitly referred to the events in Gaza as a "genocide" as opposed to a war.

On 29 February 2024, Colombian president Gustavo Petro announced the country would cease importing Israeli arms in the wake of the Al-Rashid humanitarian aid incident; in the same comments, he characterized Israel's treatment of the Palestinians as "genocide".

Statement by civil servants

On 2 February 2024 it was reported that more than 800 civil servants from the US, UK and the European Union, including many senior officials, have signed an open letter criticising their governments' "public, diplomatic and military support" to Israel as "given without real conditions or accountability", and warning that the policies of their governments on Gaza "are contributing to grave violations of international law, war crimes and even ethnic cleansing or genocide".

Statements by NGOs and intergovernmental organizations

After Israel started its military operations against Hamas in October, both Genocide Watch and the Lemkin Institute for Genocide Prevention issued statements warning of the imminent risk of genocide. Subsequently in December the Lemkin Institute stated that they viewed the continuing actions by Israel as a genocide.

On 1 November, the Defence for Children International accused the United States of complicity with Israel's "crime of genocide."

On 2 November 2023, a group of UN special rapporteurs stated, "We remain convinced that the Palestinian people are at grave risk of genocide." On 4 November, Pedro Arrojo, UN Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation, said that based on article 7 of the Rome Statute, which counts "deprivation of access to food or medicine, among others" as a form of extermination, "even if there is no clear intention, the data show that the war is heading towards genocide". Three Palestinian rights groups Al-Haq, Al Mezan, and the Palestinian Centre for Human Rights have filed a lawsuit with the International Criminal Court (ICC), urging the body to investigate Israel for "apartheid" as well as "genocide" and issue arrest warrants for Israeli leaders.

On 16 November, A group of United Nations experts said there was "evidence of increasing genocidal incitement" against Palestinians. Jewish Voice for Peace stated: "The Israeli government has declared a genocidal war on the people of Gaza. As an organization that works for a future where Palestinians and Israelis and all people live in equality and freedom, we call on all people of conscience to stop imminent genocide of Palestinians." On 13 December, FIDH stated Israel's actions in Gaza constituted an unfolding genocide.

Euro-Mediterranean Human Rights Monitor documented evidence of execution committed by Israeli Defense Forces. It submitted the evidence and documentation to the International Criminal Court and the United Nations special rapporteur.

In response to a Times of Israel report on 3 January 2024 that the Israeli government was in talks with the Congolese government to take Palestinian refugees from Gaza, UN special rapporteur Balakrishnan Rajagopal stated, "Forcible transfer of Gazan population is an act of genocide".

On 9 February, ahead of Israel's announced military assault on Rafah, the head of Amnesty International, Agnes Callamard wrote, "Amnesty is reiterating that Palestinians in Gaza are at grave risk of genocide. The international community has an obligation to act to prevent genocide."

Legal proceedings

File:ICJ South Africa v. Israel (Genocide Convention).jpg

South Africa's genocide case against Israel at the ICJ, the Hague, 12 January 2024

International Criminal Court

In 2021, the Pretrial Chamber I of the International Criminal Court confirmed that the court had jurisdiction in its investigation in Palestine. On 12 October 2023, the Prosecutor of the International Criminal Court, Karim Ahmad Khan, confirmed that war crimes committed by Israeli nationals in Gaza were within the investigation's jurisdiction.

Center for Constitutional Rights lawsuit

Main article: Defense for Children International-Palestine et al v. Biden et al

On 13 November 2023, the Center for Constitutional Rights filed a lawsuit against U.S. President Joe Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin. The complaint alleged that Israel's "mass killings", targeting of civilian infrastructure and forced expulsions amounted to genocide. The CCR stated: "As Israel's closest ally and strongest supporter, being its biggest provider of military assistance by a large margin and with Israel being the largest cumulative recipient of US foreign assistance since World War II, the United States has the means available to have a deterrent effect on Israeli officials now pursuing genocidal acts against the Palestinian people in Gaza," the complaint argued. Genocide expert William Schabas supported the lawsuit with a declaration saying he believed there was a "serious risk of genocide" and the U.S. was "in breach of its obligation, under both the 1948 Genocide Convention to which it is a party as well as customary international law, to use its position of influence with the government of Israel and to take the best measures within its power to prevent the crime taking place." On 1 February 2024, a California court agreed that it was "plausible" that Israel's conduct amounted to genocide but said determining U.S. foreign policy was unfortunately outside its jurisdiction; even so it "implore[d] defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza".

A federal judge dismissed the case Defense for Children International-Palestine et al v. Biden et al on 31 January 2024, saying the Constitution prevents his court from determining foreign policy, which is reserved to the political branches of U.S. government, though he would have preferred to have issued the injunction and urged President Biden to rethink U.S. policy, writing "it is plausible that Israel's conduct amounts to genocide."

International Court of Justice application

Main article: South Africa v. Israel (Genocide Convention)

Stances of states:

  South Africa

  Countries that have supported South Africa's case

  Countries that have opposed South Africa's case

  Israel

South Africa has instituted proceedings at the International Court of Justice pursuant to the Genocide Convention, to which both Israel and South Africa are signatories, accusing Israel of committing genocide, war crimes, and crimes against humanity against Palestinians in Gaza. South Africa's president Cyril Ramaphosa compared Israel's actions to apartheid. South Africa's application was brought pursuant to Article IX of the Convention. Several human rights organizations, international organisations, and other nations have supported South Africa in their suit.

In an 84-page application filed on 29 December 2023, South Africa alleged that Israel's actions "are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group." South Africa requested that the ICJ issue a binding legal order on an interim basis (i.e., prior to a hearing on the merits of the application), requiring Israel to "immediately suspend its military operations in and against Gaza." While adjudication of the merits of the case may take years, such an order could be issued within weeks.

Balkees Jarrah, associate international justice director at Human Rights Watch, notes that the ICJ case is not a prosecution of individuals, and does not involve the International Criminal Court, which is a separate body. Jarrah stated that the case presents an opportunity to "provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people."

Israeli response

Israeli government spokesman Eylon Levy rejected the allegations "with disgust" and accused South Africa of cooperating with Hamas, describing the actions of South Africa as "blood libel", and of abetting "the modern heirs of the Nazis". On 2 January 2024, Israel decided to appear before the ICJ in response to South Africa's case, despite a prior history of ignoring international tribunals. On 13 January, Benjamin Netanyahu stated, "No one will stop us. Not The Hague, not the Axis of Evil, no one."

South Africa's actions found support from some Israeli politicians, including Ofer Cassif.

ICJ ruling

On 26 January 2024, the ICJ issued a preliminary ruling finding that the claims in South Africa's filing were "plausible" and issued an order to Israel requiring them to take all measures within their power to prevent acts of genocide, to prevent and punish incitement to genocide, and to allow basic humanitarian services into Gaza.

Occupation proceedings

In the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory including East Jerusalem, Qatar stated "Israel's genocidal war on the people of Gaza has shown that the situation in Palestine is the most pressing threat to international peace and security".

Lawsuit in Germany

In February 2024 lawyers representing Palestinians in Germany filed a criminal complaint against various senior politicians including Chancellor Olaf Scholz, foreign minister Annalena Baerbock, economic minister Robert Habeck, and finance minister Christian Lindner for "aiding and abetting" the genocide in Gaza.

Nicaragua v. Germany

Main article: Nicaragua v. Germany

On 1 March 2024, Nicaragua instituted proceedings against Germany at the ICJ under the Genocide Convention, concerning Germany's support for Israel in the Israel–Hamas war. It sought the indication of provisional measures of protection including the resumption of suspended German funding of the UNRWA and the cessation of military supplies to Israel.

Australian legal proceedings

In March 2024, Australian Prime Minister Anthony Albanese, Foreign Minister Penny Wong, Opposition Leader Peter Dutton, and others were referred to the ICC by Sydney-based firm Birchgrove Legal as accessories to genocide, war crimes, and crimes against humanity, citing the defunding of UNRWA, the provision of military aid, and "unequivocal political support" for Israel's actions during the Israel-Hamas War.

International complicity

See also: War crimes in the Israel–Hamas war § CCR lawsuit against Joe Biden

Some commentators have accused Western media and governments of supporting genocide against Palestinians, especially those of the United States of America. Among other journalists and scholars, the Canada-based sociologist M. Muhannad Ayyash has accused the United States of complicity in the alleged genocide, in this case amidst the Israel–Hamas war in which the United States has provided significant aid to Israel.

American complicity

Pro-Palestine rally in Austin, Texas, United States, 12 November 2023

On 13 October 2023, journalist Eric Levitz of The Intelligencer argued that governmental administrations of the United States, such as the Biden administration, have given approval to Israeli war crimes against Palestinians in the Israel–Hamas war On 4 January 2024, the United States government acknowledged it was not conducting formal assessments of whether Israel was violating international humanitarian law.

In November 2023, president Joe Biden was nicknamed "Genocide Joe" by critics of his support for Israel. National Security Council spokesman John Kirby, described by Israeli media outlet Ynet as "an exceptionally accomplished Israeli advocate", said "Israel's trying to defend itself against a genocidal terrorist threat. So if we're going to start using that word, fine, let's use it appropriately". On 13 November 2023, the New York-based Center for Constitutional Rights (CCR) sued Biden for allegedly failing in his duties, defined under national and international laws, to prevent Israel committing genocide in Gaza in the Israel–Hamas war.

In February 2024, the Lemkin Institute for Genocide Prevention stated the Biden Administration was complicit in alleged genocide in Gaza, stating, "None of the Biden Administration's tactics to deny genocide and avoid accountability will withstand the test of time. President Biden and key administration officials are on a path to be remembered as the principal enablers of one of the worst genocides in the 21st century". Ali Harb wrote, "US weapons have continued to flow to Israel to arm a military carrying out a suspected genocide in Gaza. At the same time, Biden is pushing to secure $14bn in additional aid for the US ally." In February 2024, following a U.S. veto of a UN ceasefire resolution, Cuban president Miguel Diaz-Canel Bermudez stated, "They are accomplices of this genocide of Israel against Palestine".

Rhetoric from politicians in the United States

In October, Florida governor Ron DeSantis said "If you look at how [people in Gaza] behave, not all of them are Hamas, but they are all anti-Semitic" and called for a "swift and lethal response." In the Florida legislature, Democratic Representative Angie Nixon was talking in support of a resolution she sponsored calling for "de-escalation" and a ceasefire to end the killing of Palestinians. At some point she said "We are at 10,000 dead Palestinians. How many will be enough?", Republican Representative Michelle Salzman replied instantly "All of them," Nixon interrupted her speech saying "One of my colleagues just said 'All of them.' Wow." This remark has been characterised as an open call for genocide by some commentators. Nixon and the Florida chapter of the Council on American-Islamic Relations called for her to be censured or to resign. CAIR-Florida Executive Director Imam Abdullah Jaber said in a statement: "This chilling call for genocide by an American lawmaker is the direct result of decades of dehumanization of the Palestinian people by advocates of Israeli apartheid and their eager enablers in government and the media." Ahmad Abuznaid, the executive director of the US Campaign for Palestinian Rights (USPCR) said that "There is a bipartisan effort to dehumanise the Palestinian people," referring especially to President Joe Biden voicing doubt over the accuracy of the Palestinian death count and attacks on Palestinian American Congresswoman Rashida Tlaib for her criticism of Israel's military offensive.

US Congressman Max Miller, speaking at Fox News stated that Palestine is "about to get eviscerated... to turn that into a parking lot." He has previously called on the Biden administration "to get out of Israel's way and to let Israel do what it needs to do best". He said there should be "no rules of engagement" during Israel's bombardment of Gaza. Miller also questioned the accuracy of the Gaza Health Ministry's claim that 10,000 people have been killed in Gaza, saying that he believes many of those killed have been "Hamas terrorists", not innocent civilians, and said the United States does not "trust an entity that puts munitions in mosques, and churches and in hospitals." Former Rep. Michele Bachmann appearing in December in The Charlie Kirk Show stated "So, it's time that Gaza ends. The two million people who live there – they are clever assassins. They need to be removed from that land. That land needs to be turned into a national park. And since they're the voluntary mercenaries for Iran, they need to be dropped on the doorstep of Iran. Let Iran deal with those people." She received a round of applause from the audience, while Kirk replied "I look at Israel and Israel says we never want another person into our country that doesn't share our values," Kirk said. "They said they don't want refugees. They don't want any of these people. I want American immigration policy to be like that." Republican Representative, Brian Mast, compared all Palestinians to Nazis in November on the House floor. While in December he said that Palestinian babies are not innocent civilians but "terrorists" who should be killed and that more infrastructure in Gaza needs to be destroyed.

German complicity

In October 2023, political analyst Lena Obermaier argued that Germany was complicit in Israel's war crimes against Gaza. She detailed how most of Germany's most prominent news outlets have "been silent on Israeli genocidal policies in the past" and are doing so currently. She also highlights police suppression of pro-Palestine protests throughout Germany as evidence of state complicity. In February 2024, a criminal complaint was filed in German courts accusing various senior politicians of complicity in genocide, subsequently in March, Nicaragua initiated a suit against Germany for complicity at the ICJ.

Cultural discourse

Various public figures have described the situation in Gaza as a genocide, including Kid Cudi, Macklemore, and Summer Walker. Melissa Barrera was fired from the Scream franchise for reposting an article on social media which accused Israel of genocide. Time referred to Barrera's firing in the context of a "growing divide" within Hollywood regarding the war. Raz Segal's "textbook genocide" verdict has been quoted approvingly by climate activist Greta Thunberg and BBC football presenter Gary Lineker.

In December 2023, Olly Alexander, who will represent the United Kingdom at the Eurovision Song Contest 2024, signed a letter by the LGBT association Voices4London, which accused Israel of committing genocide against the Palestinians. The Israeli government and the Campaign Against Antisemitism (CAA) condemned his views and asked the BBC not to allow him to perform at the Eurovision Song Contest 2024. The BBC rejected Israel's request to cut ties with Alexander over his political views.

Russian-American author, Masha Gessen, when asked if what was happening in Gaza was a genocide said, "I think there are some fine distinctions between genocide and ethnic cleansing and I think that there are valid arguments for using both terms". When pressed further they stated, "it is at the very least ethnic cleansing". This was followed soon after controversy surrounding Gessen's reception of the Hannah Arendt Prize over remarks in a New Yorker article critical of Israeli actions in the strip in which Gessen compared them to an Eastern European ghetto "being liquidated" by the Nazis.

Various, mainly western, media and news outlets have been accused of complicity in genocide against Gaza through media imperialism. With others situation the biases of western media outlets within a long history of downplaying the oppression of Palestinians.

See also

• Sexual and gender-based violence in 2023 Israeli attack on Gaza
• Allegations of genocide in the 2023 Hamas attack on Israel
• Israeli war crimes
• Racism in Israel
• Palestinian genocide accusation
• War crimes in the Israel–Hamas war
• Human rights violations against Palestinians by Israel
• Weaponization of antisemitism

References

Works cited

• Antonio, Raymund (23 October 2023). "Civilians not a target: Envoy decries 'genocide' tag of Israel–Hamas war". Manila Bulletin. Archived from the original on 1 November 2023. Retrieved 1 November 2023. Israeli Ambassador to the Philippines Ilan Fluss rejected the notion that his country is committing genocide in Gaza City, where a two-week war has erupted [...] their measures were targeting Hamas members, and they were "taking all measures to avoid having civilians affected" by attacks. "We are informing civilians even before attacks: keep away from Hamas' infrastructure and Hamas' facilities," [...] Hamas attacked Israel on Oct. 7, and killed at least 1,400 people, mostly civilians.
• "Israeli offensive shifts to crowded southern Gaza, driving up death toll despite evacuation orders". AP News. 2 December 2023. Archived from the original on 16 December 2023. Retrieved 4 December 2023.
• Assi, Seraj (20 February 2024). "Lula Is Right About Israel's Genocide in Gaza". Jacobin. Archived from the original on 25 February 2024.
• Bartov, Omer (10 November 2023). "Opinion | What I Believe as a Historian of Genocide". The New York Times. ISSN 0362-4331. Archived from the original on 18 December 2023. Retrieved 16 December 2023.
• Bishara, Marwan (12 October 2023). "Israel is manufacturing a case for genocide". Al Jazeera. Archived from the original on 20 November 2023. Retrieved 12 October 2023.
• Burga, Solcyré (13 November 2023). "Is What's Happening in Gaza a Genocide? Experts Weigh In". Time. Archived from the original on 25 November 2023. Retrieved 24 November 2023.
• "Hundreds dead as war erupts after surprise Hamas attack catches Israel off guard". CBC. Associated Press. 7 October 2023. Archived from the original on 10 January 2024.
• Chacar, Henriette (10 November 2023). "Israel revises Hamas attack death toll to 'around 1,200'". Reuters. Archived from the original on 11 November 2023.
• Conley, Julia (3 January 2024b). "100+ Global Rights Groups Urge Support for South Africa's Genocide Case Against Israel at ICJ". Common Dreams. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
• Corder, Mike (2 January 2024). "South Africa's genocide case against Israel sets up a high-stakes legal battle at the UN's top court". ABC News. Archived from the original on 7 January 2024. Retrieved 3 January 2024.
• El-Affendi, Abdelwahab (18 January 2024). "The Futility of Genocide Studies After Gaza". Journal of Genocide Research: 1–7. doi:10.1080/14623528.2024.2305525.
• "Nearly 25,000 Palestinians killed during 70-day Israeli genocide in Gaza". Euro-Mediterranean Human Rights Monitor. 15 December 2023. Archived from the original on 20 December 2023. Retrieved 25 December 2023.
• Fassin, Didier (5 February 2024). "The Rhetoric of Denial: Contribution to an Archive of the Debate about Mass Violence in Gaza". Journal of Genocide Research: 1–7. doi:10.1080/14623528.2024.2308941.
• "World Court to hear Genocide Case Against Israel". Human Rights Watch. 10 January 2024. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
• Jimoh, Abdullahi (4 January 2024). "Over 100 Global Organisations Rally for South Africa's Genocide Case Against Israel at ICJ". News Central TV. Archived from the original on 6 January 2024. Retrieved 6 January 2024.
• Jones, Owen (13 January 2024). "The brutality and inhumanity of Israel's assault on Gaza is no surprise. It's just what was promised". The Guardian. Archived from the original on 22 January 2024.
• Lederman, Shmuel (29 January 2024). "Gaza as a Laboratory 2.0". Journal of Genocide Research: 1–6. doi:10.1080/14623528.2024.2309706.
• Levene, Mark (21 January 2024). "Gaza 2023: Words Matter, Lives Matter More". Journal of Genocide Research: 1–7. doi:10.1080/14623528.2024.2301866.
• Litvin, Yoav (21 December 2023). "The anatomy of Zionist genocide". Al Jazeera. Archived from the original on 24 February 2024.
• Mackenzie, James; Lubell, Maayan (29 October 2023). "Israel launches Gaza war's second phase with ground operation, Netanyahu says". Reuters. Archived from the original on 29 October 2023. Retrieved 1 November 2023. Israel has tightened its blockade on and bombarded Gaza for three weeks after the Islamist group Hamas' Oct. 7 assault killed 1,400 Israelis [...] Abbas ... said, "Our people in the Gaza Strip are facing a war of genocide and massacres committed by the Israeli occupation forces in full view of the entire world."
• "Cuba apoya la demanda de Sudáfrica ante la Corte Internacional de Justicia contra el genocidio de Israel en Palestina" [Cuba supports South Africa's lawsuit before the International Court of Justice against Israel's genocide in Palestine]. Ministry of Foreign Affairs (in Spanish). 11 January 2024. Archived from the original on 11 January 2024.
• Nichols, Michelle (11 October 2023). "Palestinian UN envoy accuses Israel of 'genocidal' campaign against Gaza". Reuters News. Archived from the original on 14 November 2023. Retrieved 13 October 2023.
• Obermaier, Lena (23 October 2023). "Germany Is Complicit in Israel's War Crimes in Gaza". Jacobin. Archived from the original on 1 March 2024.
• "South Africa's ICJ Case Against Israel Backed by Over 1,000 Organizations". The Palestine Chronicle. 10 January 2024. Archived from the original on 12 January 2024. Retrieved 13 January 2024.
• Qutami, Loubna (2023). "A Feminist Practice of Bearing Witness to Genocide". Feminist Studies. 49 (2): 531–533. doi:10.1353/fem.2023.a915923. S2CID 266441159.
• Segal, Raz; Daniele, Luigi (5 March 2024). "Gaza as Twilight of Israel Exceptionalism: Holocaust and Genocide Studies from Unprecedented Crisis to Unprecedented Change". Journal of Genocide Research. doi:10.1080/14623528.2024.232580 (inactive 7 March 2024).{{cite journal}}: CS1 maint: DOI inactive as of March 2024 (link)
• Samudzi, Zoé (18 January 2024). ""We are Fighting Nazis": Genocidal Fashionings of Gaza(ns) After 7 October". Journal of Genocide Research: 1–9. doi:10.1080/14623528.2024.2305524.
• Sathar, M. A. (December 2023). "The war on Gaza. A test of our humanity". South African Journal of Bioethics and Law. 16 (3): 82–83. doi:10.7196/SAJBL.2023.v16i3.1734.
• Sawafta, Ali; Fick, Maggie (7 December 2023). "How many Palestinians have died in Gaza? Death toll explained". Reuters. Archived from the original on 12 December 2023. Retrieved 8 December 2023.
• Segal, Raz (13 October 2023). "A Textbook Case of Genocide". Jewish Currents. Archived from the original on 25 November 2023. Retrieved 19 October 2023.
• Semerdjian, Elyse (24 January 2024). "A World Without Civilians". Journal of Genocide Research: 1–6. doi:10.1080/14623528.2024.2306714.
• Sevencan, Seda (11 January 2024). "Over 1,000 organizations unite in support of South Africa's genocide case against Israel at ICJ". Anadolu Agency. Archived from the original on 12 January 2024. Retrieved 13 January 2024.
• Shamim, Sarah (11 January 2024). "Which countries back South Africa's genocide case against Israel at ICJ?". Al Jazeera. Archived from the original on 26 January 2024. Retrieved 12 January 2024.
• Shaw, Martin (3 January 2024). "Inescapably Genocidal". Journal of Genocide Research: 1–5. doi:10.1080/14623528.2023.2300555. S2CID 266778978.
• Smith, Mitch; McCarthy, Lauren; Londoño, Ernesto; Jordan, Miriam (12 October 2023). "Palestinian Americans, Dismayed by Violence, Say Historical Context Is Being Overlooked". The New York Times. ISSN 0190-8286. Archived from the original on 12 November 2023. Retrieved 12 October 2023.
• Soni, S. (December 2023). "Gaza and international law: The global obligation to protect life and health". South African Journal of Bioethics and Law. 16 (3): 80–81. doi:10.7196/SAJBL.2023.v16i3.1764.
• Thomas, Merlyn (21 December 2023). "Israel Gaza: What Gaza's death toll says about the war". BBC News. BBC Verify. Archived from the original on 24 December 2023. Retrieved 25 December 2023.

Further reading

• Roundtable in Journal of Genocide Research:
  • Üngör, Uğur Ümit (26 January 2024). "Screaming, Silence, and Mass Violence in Israel/Palestine". Journal of Genocide Research: 1–9. doi:10.1080/14623528.2024.2309709.
  • Tanielian, Melanie S. (5 February 2024). "The Silent Slow Killer of Famine: Humanitarian Management and Permanent Security". Journal of Genocide Research: 1–9. doi:10.1080/14623528.2024.2310866.

External links

• "UN panel discussion: 2023 War on Gaza: The Responsibility to Prevent Genocide". United Nations. 12 December 2023.