Two prominent Israeli human rights organizations, B’Tselem and Physicians for Human Rights, have made an explosive charge against the Israeli government, accusing it of committing genocide. Needless to say, the accusation affects the world profoundly given the historical experience of Jews. National Public Radio puts the charge in context:
“The rights groups, while prominent and respected internationally, are considered in Israel to be on the political fringe, and their views are not representative of the vast majority of Israelis. But having the allegation of genocide come from Israeli voices shatters a taboo in a society that has been reticent to criticize Israel’s conduct in Gaza.”
The Genocide Convention was adopted in 1948 after the horrors of the Holocaust became undeniable (there was considerable evidence of genocide during World War II, but these reports were not acted upon for a variety of reasons, including prejudice against Jews). Article 2 of the Convention defines genocide as:
“In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.
Physicians for Human Rights–Israel has issued a paper justifying its charge of genocide and it is thorough and comprehensive. Its conclusion is straightforward:
“Each day, dozens die of malnutrition. Ninety-two percent of infants aged six months to two years don’t get enough to eat. At least 85 children have already starved to death. Israel has displaced 9 in 10 Gazans, destroyed or damaged 92% of homes, and left over half a million children without schools or stability. It has wiped out essential health services – including dialysis, maternal care, cancer treatment, and diabetes management.
“This is not a temporary crisis. It is a strategy to eliminate the conditions needed for life. Even if Israel stops the offensive today, the destruction it has inflicted guarantees that preventable deaths – from starvation, infection, and chronic illness – will continue for years. This is not collateral damage. This is not a side effect of war. It is the systematic creation of unlivable conditions. It is the denial of survivability. It is a genocide.”
The charge of genocide is supported by several leading scholars. The Washington Post ran an article citing many of those scholars:
“The governments that have accused Israel at the International Court of Justice of carrying out genocide believe sufficient evidence exists to show that Israel intends to make Palestinian life impossible in Gaza. In this view, they are backed by an emerging number of genocide scholars. As early as December 2023, the institute on genocide prevention that bears Lemkin’s name put out a statement warning about “the clearly genocidal language being used at virtually all levels of Israeli society,” while also condemning Hamas’s actions on Oct. 7.
“Martin Shaw — the leading sociological expert on genocide and author of the 2007 book, “What Is Genocide?” — wrote last week that many Western leaders and journalists have been determined “to avoid, at all costs, the ‘G-word’ in evaluating Israel’s actions,” partially given the sensitivities around the word, but also because they accepted Israel’s argument of self-defense against Hamas and the insistence of Israeli officials that they were trying to alleviate civilian harm.”
The Netanyahu government strongly disagrees with the characterization of genocide, arguing that Israel had the right of self-defense after the vicious attack led by Hamas in October of 2023. No one contests that Israel did have the right of self-defense, but the continued battering of the Gaza Strip and the willful withholding of food, fuel, water, and medicine has gone far beyond acts of self-defense. The death toll of recovered bodies now numbers over 60,000 and there are undoubtedly many more bodies still buried underneath the rubble.
France has announced that it will recognize a Palestinian state in September, and the United Kingdom has threatened to recognize a Palestinian state if Israel does not agree to a cease-fire. Recognition is now being considered by several states. According to The Guardian:
“France and 14 other countries have co-signed a declaration that suggests a wave of future recognitions of an independent Palestinian state, including by Canada, New Zealand and Australia, could take place in the coming months.
“The New York Call, which was published by the French foreign minister, Jean-Noël Barrot, on Wednesday, said that signatories “have already recognised, have expressed or express the willingness or the positive consideration of our countries to recognise the State of Palestine”.
“The signatories include Andorra, Australia, Canada, Finland, Luxembourg, New Zealand, Portugal and San Marino, each of which has not yet recognised an independent Palestinian state. They also include Iceland, Ireland, Malta, Norway, Slovenia and Spain, which have. Emmanuel Macron last week said that France would recognise Palestinian statehood in the near future.”
It is not clear what effect recognition will have since the Palestinians cannot claim to have control over a clearly defined territory nor does it have any of the normal powers over that territory to claim sovereignty. But the act will grant the Palestinians a more credible voice in international organizations such as the International Court of Justice and the International Criminal Court.
The most important actor is the United States, without whose support the Netanyahu government would not be able to continue the slaughter. Despite some signs of movement from the Trump Administration in disagreeing with Netanyahu that mass starvation is occurring in the Gaza, it is extremely unlikely that the Trump Administration will withdraw its financial and diplomatic support for the genocide. But public opinion in the US is decidedly turning against unqualified support for Israel as indicated by the Gallup poll:
As a follow-up to yesterday’s post about the Amnesty International report on genocide in the Gaza Strip, I call to your attention a website created by Israeli historian, Lee Mordechai, an associate professor at the Hebrew University of Jerusalem. It is entitled “Bearing Witness to the Israel-Gaza War.”
In his preface to the report, Mordechai says:
“The enormous amount of evidence I have seen, much of it referenced later in this document, has been enough for me to believe that Israel is committing genocide against the Palestinian population in Gaza. I explain why I chose to use the term below. Israel’s campaign is ostensibly its reaction to the Hamas massacre of Oct. 7, 2023, in which war crimes and crimes against humanity were committed within the context of the longstanding conflict between Israelis and Palestinians that can be dated back to 1917 or 1948 (or other dates). In all cases, historical grievances and atrocities do not justify additional atrocities in the present. Therefore, I consider Israel’s response to Hamas’ actions on Oct. 7 utterly disproportionate and criminal.”
Further in the Preface, Mordechai directly addresses the critical questions of intent:
“The evidence I have seen and discuss indicates that one of Israel’s very likely objectives is to ethnically cleanse the Gaza Strip, whether in part or in total, by removing as many Palestinians as feasibly possible. Key members in Israel’s government have made statements confirming this intent, and several of Israel’s government ministries have planned or worked to facilitate such an end, sometimes by persuading or pressuring other states. Israel has already cleared significant parts of the Gaza strip by demolition and bulldozing, also attempting to destroy the fabric of Palestinian society by deliberately targeting civilian institutions such as universities, libraries, archives, religious buildings, historical sites, farms, schools, cemeteries, museums and markets. So far more than 60% of the buildings in the Gaza Strip have been destroyed or damaged.”
He goes on:
“All the evidence I have seen indicates that Israel is systematically destroying Gaza to make it unlivable in the future. In the first week of fighting, Israel dropped 6,000 bombs on Gaza – over the annual total used by the US in Afghanistan.48 In the first three months of fighting Israel had destroyed over 10,000 buildings in the Strip – compared to some 4,700 buildings in Aleppo after three years of fighting. A coalition of aid groups stated in December that rebuilding the housing destroyed to that point will take 7 to 10 years if financing is available and will cost some $3.5 billion.49 According to a joint report by the World Bank and the UN, the cost of damage to physical structures alone was around $18.5 billion at the end of January (the cost during the 2014 Protective Edge was $1.4 billion).50 In mid May a UN official stated that rebuilding could cost around $50 billion over two decades.51 The amount of debris created by the destruction of residential areas (estimates ranged between 26 and 37 million tons in April) will take many years to remove.52 A top UN demining official claimed that simply clearing the debris could take as much as 14 years.53 An expert on the warfare-related destruction pointed out that the case of Gaza fits the term ‘domicide’, a massive violation of the right to housing and basic infrastructure in residential areas by making them inhabitable, which is itself a crime against humanity.48
“Israel is said to have dropped over 500 2,000-pound bombs within the densely populated urban area, despite the massive collateral damage these bombs cause (causing death or injury in a radius of up to 365 meters around the target). These bombs are four times heavier than the largest bombs the United States used when fighting ISIS in Mosul; the US dropped a single such 2,000-pound bomb throughout its fight with ISIS.54 After two months of fighting, Israel had already caused more destruction in Gaza than Syria in Aleppo (2012-2016), Russia in Mariupol in 2022, or (proportionally) the Allied bombing of Germany in World War II,55 as well as the fights against ISIS in Mosul (2016-7) and Raqqa (2017).56“
The report is meticulously documented and judicious in its language. It is definitely worth a careful read.
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.
I wrote about the South African case brought by South Africa to the International Court of Justice which accuses Israel of threatening genocide and requests a provisional cease-fire in the Gaza Strip. The brief states that….
“The facts relied on by South Africa in this application and to be further developed in these proceedings establish that — against a background of apartheid, expulsion, ethnic cleansing, annexation, occupation, discrimination, and the ongoing denial of the right of the Palestinian people to selfdetermination — Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide. More gravely still, Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza. Those acts include killing them, causing them serious mental and bodily harm and deliberately inflicting on them conditions of life calculated to bring about their physical destruction as a group. Repeated statements by Israeli State representatives, including at the highest levels, by the Israeli President, Prime Minister, and Minister of Defence express genocidal intent. That intent is also properly to be inferred from the nature and conduct of Israel’s military operation in Gaza, having regard inter alia to Israel’s failure to provide or ensure essential food, water, medicine, fuel, shelter and other humanitarian assistance for the besieged and blockaded Palestinian people, which has pushed them to the brink of famine.”
The brief totals 84 pages and it is a well-reasoned complaint against the state of Israel, not only in the current conflict in the Gaza, but also for its occupation of territories since the war in 1967. It is not an easy read, but it is worth the effort. The brief asks for an early decision for a cease-fire, arguing that the determination of actual genocide is a decision that will require more time but that the facts at this time demand a case-fire without that final decision. Israel argued that its actions are based upon the principle of the right of self-defense and that the South African brief “grossly distorted” the facts.
Israeli Prime Minister Netanyahu denounced the suit. According to the Public Broadcast System, News Hour:
“Israel will pursue its war against Hamas until victory and will not be stopped by anyone, including the world court, Prime Minister Benjamin Netanyahu said in a defiant speech Saturday, as the fighting in Gaza approached the 100-day mark.
“Netanyahu spoke after the International Court of Justice at The Hague held two days of hearings on South Africa’s allegations that Israel is committing genocide against Palestinians, a charge Israel has rejected as libelous and hypocritical. South Africa asked the court to order Israel to halt its blistering air and ground offensive in an interim step.
“’No one will stop us, not The Hague, not the axis of evil and not anyone else,’ Netanyahu said in televised remarks Saturday evening, referring to Iran and its allied militias.”
Even if the International Court of Justice demands a provisional cease-fire, it can only refer that demand to the UN Security Council. If the matter goes that far, it will be a decisive moment for the United States. It will have to decide whether to veto a resolution demanding a cease-fire. It does seem, however, that the Biden Administration is beginning to lose patience with Israeli policy.
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