Amnesty International accuses Israel of committing genocide against Gaza’s residents in a forthcoming report, citing severe damage to infrastructure and high civilian casualties, particularly among women and children. The organization claims Israel’s actions align with the UN Genocide Convention’s criteria. Israeli officials reject these allegations, and legal experts question the intent behind the actions. While the International Criminal Court has issued arrest warrants for Israeli leaders, Amnesty plans to release its report while also addressing Hamas’s actions during the October 7 attack.
Amnesty International’s Allegations Against Israel
In a forthcoming report, Amnesty International charges Israel with genocide against the residents of the Gaza Strip. But can the intent to commit such an act be substantiated?
Titled ‘Israel’s genocide against the Palestinians in Gaza,’ the report has been shared with the ARD Studio in Tel Aviv. The human rights organization asserts that Israel’s actions meet the criteria for genocide as defined by the UN Genocide Convention, claiming that the nation has systematically undermined the living conditions of Gazans. Among the key points cited in the report is the extensive damage to critical infrastructure.
The Impact on Gaza’s Civilian Population
The United Nations reports that approximately two-thirds of all structures in the Gaza Strip have sustained damage or been completely destroyed, with nearly 70% of the casualties comprising women and children. Additionally, evacuation orders have forced about 90% of the population to relocate. The blockade has further hindered the importation and distribution of essential aid supplies within the region.
In response to South Africa’s fourth urgent application regarding these claims, Israeli officials have voiced strong opposition.
Yuval Shany, an international law expert at the Hebrew University in Jerusalem, notes, “Numerous civilians have lost their lives, and significant property destruction has occurred, potentially falling under aspects of the genocide convention. However, the pivotal issue remains whether there was an intent to commit genocide.”
Amnesty International interprets intent from comments made by government and military officials. For instance, former Defense Minister Yoav Gallant stated to troops on October 10, 2023: “No compromises! Gaza will not revert to its former state; Hamas will be eradicated. Destroy everything.” A colonel on Israeli Channel 14 remarked, “This will turn into wasteland; they will no longer be able to reside here.” Furthermore, a soldier expressed in an Instagram video, “We must obliterate Gaza entirely and transform it into beaches and football fields—into a land that belongs to us.”
South Africa’s accusations against Israel have now led to potential court proceedings. What are the implications of these developments?
Understanding the Legal Framework
Amnesty International also posits that even if Israel’s actions are deemed negligent, with a high civilian casualty rate in the conflict against Hamas, this could be indicative of genocidal intent.
Neglecting to protect the civilian population may constitute a crime against humanity; however, Shany argues that this alone does not fulfill the requirements for the genocide convention. He questions whether the statements made by officials are adequate proof of genocide. Nonetheless, the convention also prohibits incitement to genocide, and “the remarks from prominent politicians could be construed in that light,” he adds.
The allegations also touch upon supposed war crimes committed during the ongoing conflict in Gaza.
The Israeli government has not yet issued a response to these accusations. It defends its military actions by asserting that Hamas militants are utilizing civilian structures as shields. The International Court of Justice will ultimately determine if these actions legally constitute genocide.
Additionally, the International Criminal Court has issued arrest warrants against Israel’s Prime Minister Benjamin Netanyahu and former Defense Minister Gallant, citing charges of crimes against humanity and war crimes, to which Israel has filed an appeal.
Amnesty International is withholding comments on the genocide allegations until the report’s official release. The organization is also preparing another report addressing the actions of the terrorist group Hamas during the attack on Israel that occurred on October 7 of the previous year.