Английская Википедия:Allegations of genocide in the 2023 Israeli attack on Gaza

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Шаблон:Short description Шаблон:Pp Шаблон:Use dmy dates Шаблон:Infobox civilian attack Шаблон:Campaignbox 2023 Israel–Hamas war

The State of Israel has been accused of genocide against Palestinians in the Gaza Strip during the Israel–Hamas war.[1][2][3] Various scholars have cited statements by senior Israeli officials, which they argue demonstrate an "intent to destroy" the population of Gaza, a necessary condition for the legal threshold of genocide to be met.[2][4]

The government of South Africa has instituted proceedings against Israel at the International Court of Justice, alleging genocide.[5] In an interim ruling, the International Court of Justice found Israel was operating under plausible intent to commit genocide and ordered Israel to cease killing Palestinians.[6] The Israeli government responded by rejecting the court's finding.[7]

Шаблон:As of, over 23,000 Palestinians – one out of every 100 people in Gaza – have been killed, a majority of them civilians, including over 9,000 children, 6,200 women and 61 journalists.[8][9] It is believed that thousands of more dead bodies are under the rubble of destroyed buildings.[10][11][12]

Background

Since the 7 October attacks on Israel, Israel's response in Gaza has led to concerns that the Hamas-led attack was being used by Israel to justify genocide against Palestinians.[13]

Legal definition of genocide

The 1948 Genocide Convention defines genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group".[14][15] The acts in question include killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group.[14] Genocide is a crime of special intent ("dolus specialis"); it is carried out deliberately, with victims targeted based on real or perceived membership in a protected group.[15]

Alleged genocidal intent

Шаблон:See also In an article in Opinio Juris scholars opined that statements by Israeli officials since October 7 indicated intent to commit genocide.[16] The NGO Law for Palestine compiled more than 500 statements by Israeli political and military officials that allegedly call for genocide.Шаблон:Efn[17]

Israeli cabinet ministers

Israeli Prime Minister Benjamin Netanyahu's repeated invocation of "Amalek" during the war has been considered an intent to genocide by many critics,[18][19][20] including South Africa.[19] Netanyahu said "You must remember what Amalek has done to you, says our Holy Bible." The Bible says "Now go, attack the Amalekites and totally destroy all that belongs to them. Do not spare them; put to death men and women, children and infants."[19][20] Netanyahu called for remembering Amalek in a national address to Israelis, and then later on again in a letter to IDF soldiers and officers.[18] In addition to this, on October 7, Netanyahu said the people of Gaza would pay a "huge price", and Israel would turn parts of Gaza "into rubble".[20]

On 9 October 2023, Yoav Gallant, Israeli Minister of Defense, stated "We are fighting human animals, and we are acting accordingly",[21] a statement that was characterized as an example of dehumanization.[20] On October 10, Gallant said he had "removed every restriction" on the IDF and that "There will be no Hamas. We will eliminate it all.".[22]

Avi Dichter, Israeli Minister of Agriculture, called for the war to be "Gaza’s Nakba" on Channel 12.[23] Ariel Kallner, another Member of the Knesset from the Likud party, similarly wrote on social media that there is "one goal: Nakba! A Nakba that will overshadow the Nakba of [1948]. Nakba in Gaza and Nakba to anyone who dares to join".[24] Amihai Eliyahu, Israeli Minister of Heritage, called for dropping an atomic bomb on Gaza.[23]

Israeli energy minister Israel Katz said "All the civilian population in Gaza is ordered to leave immediately. We will win. They will not receive a drop of water or a single battery until they leave the world."[18][16]

Israeli president and members of Israeli parliament

President of Israel Isaac Herzog blamed the "entire nation" of Palestine for the 7 October attack.[2] He further said "It is not true this rhetoric about civilians being not aware, not involved. It is absolutely not true."[16]

Yitzhak Kroizer, representing the extreme-right Otzma Yehudit party in the Knesset, stated in a radio interview that the "Gaza Strip should be flattened, and for all of them there is but one sentence, and that is death."[25] Tally Gotliv of the Likud party called for the use of nuclear weapons against Gaza.[25]

Other Israeli officials

Major General Ghassan Alian, Coordinator of Government Activities in the Territories, stated: "There will be no electricity and no water (in Gaza), there will only be destruction. You wanted hell, you will get hell".[21]

IDF Major general Giora Eiland wrote "Gaza will become a place where no human being can exist".[20] He added "Creating a severe humanitarian crisis in Gaza is a necessary means to achieving the goal."[20] Israeli historian Omer Bartov writes that no Israeli politician nor anyone in the IDF denounced this statement.[20]

The spokesperson for the Israeli army said, in regards to Israel's bombing of Gaza, "the emphasis is on damage not accuracy". This statement was interpreted by legal scholars as intention of destruction.[16]

The mayor of the Israeli town of Metula said the Gaza Strip should be "flattened completely, just like Auschwitz today."[26]

Academic and legal discourse

There is currently disagreement among scholars as to whether Israel's actions can be described as a genocide against the Palestinians.[2][27]

Ernesto Verdeja, a professor at the University of Notre Dame, told Time on 14 November, that Israel's actions in Gaza were gravitating towards a "genocidal campaign", noting that "the response when you have a security crisis…can be one of ceasefire, negotiation, or it can be genocide."[2] Victoria Sanford, professor of City University of New York, compared events in Gaza to the 1960–1996 killing and disappearance of 200,000 Mayans in Guatemala, today known as the Guatemalan genocide.[2] Norman Finkelstein has argued that Israeli Prime Minister Benjamin Netanyahu's description of the Palestinians as "Amalek" was a call for genocide;[28] he accused Israel of engaging in a "genocidal war".[29] On 15 October, TWAILR published a statement signed by over 800 legal scholars expressing "alarm about the possibility of the crime of genocide being perpetrated by Israeli forces against Palestinians in the Gaza Strip" and calling on UN bodies, including the UN Office on Genocide Prevention and the Responsibility to Protect, as well as the Office of the Prosecutor of the International Criminal Court to "immediately intervene, to carry out the necessary investigations, and invoke the necessary warning procedures to protect the Palestinian population from genocide."[30][31][32]

On 19 October 2023, 100 civil society organizations and six genocide scholars sent a letter to Karim Khan, Prosecutor of the International Criminal Court, calling on him to issue arrest warrants to Israeli officials for cases already before the prosecutor; to investigate the new crimes committed in the Palestinian territories, including incitement to genocide, since 7 October; to issue a preventative statement against war crimes; and to remind all states of their obligations under international law. The letter noted that Israeli officials, in their statements, had indicated "clear intent to commit war crimes, crimes against humanity and incitement to commit genocide, using dehumanizing language to describe Palestinians." The six specialist genocide scholars that signed the document were Raz Segal, Barry Trachtenberg, Robert McNeil, Damien Short, Taner Akçam and Victoria Sanford.[33] Segal called the war a "textbook case of genocide."[2] The same day, lawyers at the Center for Constitutional Rights stated that Israel's tactics were "calculated to destroy the Palestinian population in Gaza", and warned the Biden administration that "U.S. officials can be held responsible for their failure to prevent Israel’s unfolding genocide, as well as for their complicity, by encouraging it and materially supporting it."[34]

On 9 November 2023, 47 scholars in the fields of history, law, and criminology published an open letter describing Israel's Gaza offensive as genocide.[4] Published by the International State Crime Initiative based at Queen Mary University of London, the scholars wrote that "the Israeli state is employing its extensive and advanced military capacity to inflict violence on Palestinian peoples on such a scale that it is accurate to frame it as the annihilation phase of genocide."[4] A number of prominent Israelis, represented by human rights lawyer Michael Sfard, sent an 11-page open letter to Israel's attorney general and state prosecutor, detailing examples of "the discourse of annihilation, expulsion and revenge".[25] The signatories alleged that the Israeli judiciary was ignoring incitement to genocide in Gaza.[25] On 10 November 2023, Israeli Holocaust scholar Omer Bartov stated in a New York Times opinion piece: "My greatest concern watching the Israel-Gaza war unfold is that there is genocidal intent, which can easily tip into genocidal action."[35]

On 13 November 2023, David Simon, director for genocide studies at Yale University, stated that it was possible that a court could find the IDF guilty of committing an act of genocide, but added that "it's certainly not textbook in that connecting the intent to destroy ethnic group as such is difficult."[2] Yale's Ben Kiernan opined that events did "not meet the very high threshold that is required to meet the legal definition of genocide."[2] Adam Jones, author of a textbook on genocide, took the view that beyond killing civilians en masse, Israel appeared to be inflicting "conditions of life calculated to bring about [the targeted group’s] physical destruction," thus violating the Genocide Convention; other scholars such as Dov Waxman said that while there was a "risk of genocidal actions" in Gaza, claims it was already happening were "stretching the concept too far, emptying it of any meaning."[36] Martin Shaw on the other hand argued that the term "genocide" was under-deployed as states wished "to avoid the responsibilities to 'prevent and punish'" imposed by the convention; moreover, he argued, there was "a special aversion to investigating its implications for Israel’s conduct. Western states continue to protect it out of a misplaced belief that Jews, having been prime historical victims of genocide, cannot also be its perpetrators."[37][38]

Historians Norman J. W. Goda and Jeffrey C. Herf rejected the accusation in November 2023, criticizing historians Omer Bartov and Raz Segal for the views they expressed.[39]

Statements by NGOs and intergovernmental organizations

On 1 November, the Defence for Children International accused the United States of complicity with Israel's "crime of genocide."[40]

On 2 November 2023, a group of UN special rapporteurs stated, "We remain convinced that the Palestinian people are at grave risk of genocide."[41][31] On 4 November, Pedro Arrojo, UN Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation, said that based on article 7 of the Rome Statute, which counts "deprivation of access to food or medicine, among others" as a form of extermination, "even if there is no clear intention, the data show that the war is heading towards genocide".[42] Three Palestinian rights groups Al-Haq, Al Mezan, and the Palestinian Centre for Human Rights have filed a lawsuit with the International Criminal Court (ICC), urging the body to investigate Israel for "apartheid" as well as "genocide" and issue arrest warrants for Israeli leaders.[43]

On 16 November, A group of United Nations experts said there was "evidence of increasing genocidal incitement" against Palestinians.[44][45] Jewish Voice for Peace stated: "The Israeli government has declared a genocidal war on the people of Gaza. As an organization that works for a future where Palestinians and Israelis and all people live in equality and freedom, we call on all people of conscience to stop imminent genocide of Palestinians."[46] On 13 December, FIDH stated Israel's actions in Gaza constituted an unfolding genocide.[47]

Euro-Mediterranean Human Rights Monitor documented evidence of execution committed by Israeli Defense Forces.[48] It submitted the evidence and documentation to the International Criminal Court and the United Nations special rapporteur.[48]

In response to a Times of Israel report on 3 January 2024 that the Israeli government was in talks with the Congolese government to take Palestinian refugees from Gaza,[49] UN special rapporteur Balakrishnan Rajagopal stated, "Forcible transfer of Gazan population is an act of genocide".[50]

Legal proceedings

International Criminal Court

In 2021, the Pretrial Chamber I of the International Criminal Court confirmed that the court had jurisdiction in its investigation in Palestine.[51] On 12 October 2023, the Prosecutor of the International Criminal Court, Karim Ahmad Khan, confirmed that war crimes committed by Israeli nationals in Gaza were within the investigation's jurisdiction.[52]

Center for Constitutional Rights lawsuit

On 13 November 2023, the Center for Constitutional Rights filed a lawsuit against U.S. President Joe Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin.[53][54] Genocide expert William Schabas supported the lawsuit with a declaration saying he believed there was a "serious risk of genocide" and the U.S. was "in breach of its obligation, under both the 1948 Genocide Convention to which it is a party as well as customary international law, to use its position of influence with the government of Israel and to take the best measures within its power to prevent the crime taking place."[55]

International Court of Justice application

Шаблон:Main

South Africa has instituted proceedings at the International Court of Justice pursuant to the Genocide Convention, to which both Israel and South Africa are signatories, accusing Israel of committing genocide, war crimes, and crimes against humanity against Palestinians in Gaza.[56][5][57] South Africa's president Cyril Ramaphosa compared Israel's actions to apartheid.[58] South Africa's application was brought pursuant to Article IX of the Convention.[5] Several human rights organizations and other nationsШаблон:Efn have supported South Africa in their suit.[59][60]

In an 84-page application filed on 29 December 2023, South Africa alleged that Israel's actions "are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group."[5][3] South Africa requested that the ICJ issue a binding legal order on an interim basis (i.e., prior to a hearing on the merits of the application), requiring Israel to "immediately suspend its military operations in and against Gaza."[5][3] While adjudication of the merits of the case may take years, such an order could be issued within weeks.[57]

Balkees Jarrah, associate international justice director at Human Rights Watch, notes that the ICJ case is not a prosecution of individuals, and does not involve the International Criminal Court, which is a separate body.[57] Jarrah stated that the case presents an opportunity to "provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people."[57]

Israeli response

Israeli spokesman Eylon Levy rejected the allegations "with disgust"[57] and accused South Africa of cooperating with Hamas,[56] describing the actions of South Africa as "blood libel",[61] and of abetting "the modern heirs of the Nazis".[62] On 2 January 2024, Israel decided to appear before the ICJ in response to South Africa's case, despite a prior history of ignoring international tribunals.[3][63] On 13 January, Benjamin Netanyahu stated, "No one will stop us. Not The Hague, not the Axis of Evil, no one."[64]

South Africa's actions found support from some Israeli politicians, including Ofer Cassif.[65]

ICJ ruling

On 26 January 2024, the ICJ issued a preliminary ruling finding that the claims in South Africa's filing were "plausible" and issued an order to Israel requiring them to take all measures within their power to prevent acts of genocide and to allow basic humanitarian services into Gaza.[66]

Cultural discourse

Various public figures have described the situation in Gaza as a genocide, including Kid Cudi,[67] Macklemore,[68] and Summer Walker;[69] Melissa Barrera was fired from the Scream franchise for reposting an article on social media which accused Israel of genocide.[70] Time referred to Barrera's firing in the context of a "growing divide" within Hollywood regarding the war.[71] Segal's "textbook genocide" verdict has been quoted approvingly by climate activist Greta Thunberg[72] and BBC football presenter Gary Lineker.[73]

In December 2023, Olly Alexander, who will represent the United Kingdom at the Eurovision Song Contest 2024,[74] signed a letter by the LGBT association Voices4London, which accused Israel of committing genocide against the Palestinians.[75] The Israeli government and the Campaign Against Antisemitism (CAA) condemned his views and asked the BBC not to allow him to perform at the Eurovision Song Contest 2024. The BBC rejected Israel's request to cut ties with Alexander over his political views.[76]

Russian-American author, Masha Gessen, when asked if what was happening in Gaza was a genocide said, "I think there are some fine distinctions between genocide and ethnic cleansing and I think that there are valid arguments for using both terms".[77] When pressed further they stated, "it is at the very least ethnic cleansing". This was followed soon after controversy surrounding Gessen's reception of the Hannah Arendt Prize over remarks in a New Yorker article critical of Israeli actions in the strip in which Gessen compared them to an Eastern European ghetto "being liquidated" by the Nazis.[78]

See also

References

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Footnotes

Шаблон:Notelist

Works cited

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Further reading

Шаблон:Refbegin

Шаблон:Refend

Шаблон:2023 Israel–Hamas war Шаблон:Portalbar

Партнерские ресурсы
Криптовалюты
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Разное

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