Amnesty International has issued a new report accusing the state of Israel with the crime of genocide in its actions against the Palestinian people in the Gaza Strip. The crime of genocide is the most serious crime in international law and an accusation of genocide needs to meet extremely specific and demanding criteria of both actions and intent. Amnesty International is a well-respected human rights organization with a record of accomplishment that deserves respect.
It is a long, incredibly detailed report with evidence from a variety of credible sources. The report begins with an acknowledgement of what needs to be proven in order to support an accusation of genocide:
“To make a determination on genocide, Amnesty International first examined whether Palestinians in Gaza constitute part of a protected group under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), that is a national, ethnical, racial or religious group. It then focused on three out of the five prohibited acts under the Genocide Convention: ‘killing members of the group’; ‘causing serious bodily or mental harm to members of the group’; and ‘deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part’. It finally examined whether Israel committed these acts with the specific ‘intent to destroy, in whole or in part, [the] group, as such’.”
The report then goes through each of these criteria and documents specific cases through eyewitness testimonies. I was unaware of several of these cases, even though I have tried to be as well-informed as I can on this conflict. Much of the evidence, largely from satellite imagery, suggests destruction in Gaza which can hardly be described as precision accuracy. And the degree of forced displacement is staggering. Given the scale of destruction in such a small area, it would be difficult to deny that the degree of “harm” inflicted on the population in the Gaza satisfies the first two criteria of the Convention.
The significantly more difficult question to answer is whether Israel intends to “destroy, in while or in part, [the] group, as such”. People have intentions; governments have intention; it is questionable whether “states” have intentions. In today’s US Department of State Press Briefing, members of the press questioned the matter of intent:
“QUESTION: Because now we have Amnesty International. Before that, we had Human Rights Watch. We have all the UN organizations, all the human rights organizations probably throughout the world, B’Tselem, the Israeli human rights organization, every other organization saying that Israel is committing genocide. And depends – I mean it says – I know that genocide depends a great deal on intent, and it says – it bases its conclusion on statement time and time and time again by Israeli commanders, by Israeli officials, by certainly the president of Israel, by many, many other people that said they are committing genocide. I mean, we see that they have killed 44, 45 thousand people, 17,000 children. It deprives it food from going in, it deprives anesthesia from going on. CNN reported yesterday that Israel disallowed anesthesia from going into Gaza.
What is it going to take for you – for the United States of America that really holds the moral high ground on these issues, on human rights issues – to say what is happening is genocide? Because you are – what we see today, what we witness in northern Gaza is basically starvation by intent.
MR PATEL: Said, that’s an opinion. And you’re certainly welcome and you are entitled to it, as are all the organizations that you listed. They are entitled to make their own analysis of the situation and come to their own conclusions. What I can say as a spokesperson of the U.S. Government and as a spokesperson of this administration is that the findings of – the accusations of genocide, we continue to believe those to be unfounded. That does not change and that does not change the prioritization and the stress and the emphasis that we are placing on ensuring that there is appropriate access to humanitarian assistance, ensuring that every possible measure is taken to protect civilians, ensuring that we’re doing everything possible to bring this war to an end.
QUESTION: So —
MR PATEL: People, organizations, groups are entitled to draw their own conclusions. The U.S. conclusion is that these allegations of genocide are unfounded. There are and there continue to exist a number of avenues within the U.S. Government in which we are looking at what’s happening on the ground, where those assessments continue to be ongoing. But I don’t have any update to provide as it relates to that.
I sincerely doubt that there are many Israelis who wish to see the Palestinian people exterminated, even after the atrocities of 7 October. But does the government of Israel wish to see the Palestinian people exterminated? According to Amnesty:
“The offensive on Rafah was launched a week after Minister of Finance Bezalel Smotrich, a member of Israel’s security cabinet, explicitly called for the city’s destruction by referring to a well-known Biblical story of absolute vengeance in which an entire nation – the people of Amalek – is ordered to be destroyed: “There are no jobs half done. Rafah, Deir al-Balah, Nuseirat, destruction! Blot out the memory of [the people of] Amalek from under heaven,” he said at a public event on 29 April 2024. In fact, Minister of Finance Smotrich and Minister of National Security Ben-Gvir, who also made some of the most explicit calls for the destruction of Palestinians in Gaza, threatened to quit the government coalition if Prime Minister Netanyahu abandoned plans to attack Rafah. Minister of Finance Smotrich’s statement came months after Prime Minister Netanyahu first referred to the story of the total destruction of the people of Amalek in the first week of Israel’s ground offensive in late October and early November 2023. He used it to garner support for what was, at the time, a new and highly destructive phase of the conflict. As Israel’s highest office-holder, who oversaw the offensive on Gaza, Prime Minister Netanyahu would have most certainly known that his words would be understood by soldiers, particularly those affiliated with the settler movement and religious nationalist parties led by the two ministers, as calls for the destruction of Palestinians in Gaza.”
The Israeli Government has explicitly rejected the report. The US has not rejected the report, but has rather found it to be “unfounded”. There really is no way to determine what the intent of the destruction on the people and land of Gaza was or is. But the future will give us an answer. If the Palestinian people cannot repopulate the land because of Israeli occupation or sovereignty, then the intent to remove the Palestinian people will become clear. If the world wants to know what Israel’s intentions truly are, then the world should demand that Israel clearly state that the Palestinian people will be able to return and to live in the Gaza Strip as part of their own homeland, Palestine.
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