In its preliminary findings, international court of justice It rightly refused to accept the resolution proposed by the Republic of South Africa condemning the genocide committed by Israel.
Netanyahu’s government used excessive force in Gaza. It may be a war crime, but it is not genocide.
international tournament Genocide is defined as killing or harming “a national, ethnic, racial, or religious group itself with the intention of destroying it, in whole or in part.”
“Intent” is a key element of this definition. The perpetrator must be motivated by a desire to kill someone based solely on their identity.
Several historical events reveal the nature of genocide.
I’m worried that it will be 1.5 million. armenian The subjects may have supported Russia during World War I, and the Ottoman Empire killed between 664,000 and 1.2 million of them.
The Nazis sought to exterminate the Jews, viewing them as alien beings who were exploiting Germans through their tainted Aryan blood and economic power.
From 1938 to 1945, they committed murders. 6 million Jewswhich included about a third of the world’s entire Jewish population at the time, as well as at least two million other members of “undesirable” groups such as the disabled, homosexuals, and Roma.
From 1975 to 1979, the communist Khmer Rouge killed nearly 2 million people in what came to be known as the “War.”killing fieldof Cambodia.” They sought to replace traditional society with a “classless agricultural utopia.”
Serbian militias, encouraged by Slobodan Milosevic’s Belgrade government and supported by Bosnian Serb forces, adopted a policy of “.ethnic cleansing” to create a greater Serbia during the 1992-1995 war.
They committed murders and sexual assaults to drive Bosnian Muslims from their homes. This strategy culminated in his infamous 1995. Srebrenica massacre Approximately 8,000 men and boys.
In 1994, the Hutu government and its supporters murdered almost everyone. 800,000 A member of Rwanda’s Tutsi minority community.
Although horrifying, the attack on Gaza does not rise to the level of genocide in scale or intent.
That doesn’t mean the Israeli government isn’t cheating.
The Israeli Defense Forces’ reliance on firepower and overly lenient rules of engagement 25,000 people (1% of the total population), 10,000 Among them are children, according to the Gaza Ministry of Health.
IDF operations have left large parts of Gaza in ruins, displacing people and causing a massive refugee and humanitarian crisis.
However, the use of excessive force stems from hatred of the victims, not from genocidal intent.
If the large-scale attack on Gaza were not genocide, it could constitute a war crime, but that would be difficult to prove.
Several provisions of the Geneva Conventions and other international instruments could be used to indict the Netanyahu government, but one seems particularly applicable.
of united nations The attacker knowingly intends to “cause accidental loss of life or injury to civilians,” “damage civilian property, or cause extensive, long-term, and significant damage to the natural environment.” It said the attack would be a war crime if it were launched. “Compared to the anticipated concrete, direct, and overall military advantage, this is clearly excessive.”
But who decides what actions are “manifestly excessive” in terms of the military advantage they confer on an attacker?
With the exception of torture and inhumane treatment of prisoners of war, virtually all acts considered war crimes include military exceptions.
Prime Minister Netanyahu has repeatedly insisted that it is urgent to justify all IDF actions, no matter how excessive they may seem.
For example, he claimed to be under a tunnel. Shifa Hospital The Gaza City government has repeatedly asserted that Hamas is a legitimate target and hides among the civilian population.
Both accusations are probably true, but that does not excuse the level of force used to exterminate them. Although the IDF does not intentionally kill civilians, it is all too willing to accept their deaths as “collateral damage.”
No matter how flimsy the claim that military necessity justifies the level of use of force in Gaza, Netanyahu has made no such claims about what is being used against Palestinians in the West Bank. You can’t have an argument.
From October 7th, 367 Ninety-four Palestinians, including children, were killed in the West Bank, most by the IDF.Some suffer from vigilante violence at the hands of Israel settlerincreased after the inauguration of Prime Minister Netanyahu’s far-right government, and further intensified after the war.
The Israeli government detained Of the 8,600 Palestinians, 3,291 are held in “administrative detention” without charge or trial. By October 7, the number of people detained under this strict provision had reached 1,200.
Palestinians and Arabs in Israel are not exempt from abuse either. According to PBS News Hour report2,000 people have been detained, some for reasons more serious than posting on social media.
International law Administrative detention is permitted in extreme circumstances, but human rights activists have rightly criticized Israel’s abuses of it since before October 7.
Of course, it is highly unlikely that anyone in the IDF or the government will be held accountable for the excesses committed during the conflict.
Prime Minister Netanyahu has thumbed his nose at the United Nations, human rights groups and critics of his response to the war.
Even he Rebel The Biden administration has staunchly supported him. He plans to seize Palestinian land to create a buffer zone around Gaza and refuses to support any discussion of a Palestinian state.
That tenacity inspired progressive senators. guided by Bernie Sanders (Iconic, Vermont) has proposed a resolution calling for more aid to Israel on the condition that there is a “significant cessation of military operations” and a “commitment to broader peace negotiations toward a two-state solution.” submit.
senate rejected the motion But it shows what is the only way to change Prime Minister Netanyahu’s approach to the war. Continuing to write him a blank check sends a message that he can continue to be stubborn.
The international tribunal’s preliminary ruling contains a strong warning, calling on Israel to “take all measures within its power to prevent all acts within the scope of article 2 of this Convention. ” [on Genocide]”
If this is not followed, the court’s final decision may not be in Israel’s favor.
Tom Mokaitis is a professor of history at DePaul University and the author of the following books: “Conventional and unconventional warfare: A history of conflict in the modern world..“
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