Israel faces the serious charge of genocide in the International Court of Justice (ICJ). Given the appalling number of civilians killed in the campaign to uproot Hamas, has Israel committed genocide as defined in international law? No. Genocide is one of the few crimes in international law with a precise definition, which Israel’s conduct does not meet. This does not mean, of course, that the loss of life in Gaza does not violate international law in other respects.
Alan, I found our comments enlightening, particularly that a judgement of genocide requires "intent to destroy, in whole or in part, a national, ethnic, racial or religious group." Establishing intent is crucial. Clearly Hamas' October 7 attack had destructive intent, and, as you note, qualifies as genocidal. But if, through starvation and disease, a significant fraction of the population of Gaza ends up dying, I have a hard time accepting that outcome as accidental and unintentional. "israel: We did not intend for half a million people to die -- it was an accident." Au contraire, I would judge Israel guilty, in such a case, of intent, and hence of genocide. Please correct me if my reasoning is wrong. Ed Walbridge
Alan, I found our comments enlightening, particularly that a judgement of genocide requires "intent to destroy, in whole or in part, a national, ethnic, racial or religious group." Establishing intent is crucial. Clearly Hamas' October 7 attack had destructive intent, and, as you note, qualifies as genocidal. But if, through starvation and disease, a significant fraction of the population of Gaza ends up dying, I have a hard time accepting that outcome as accidental and unintentional. "israel: We did not intend for half a million people to die -- it was an accident." Au contraire, I would judge Israel guilty, in such a case, of intent, and hence of genocide. Please correct me if my reasoning is wrong. Ed Walbridge