International law specialist affirms lack of genocidal intentions in Gaza
Israel's military actions in Gaza have been the subject of intense debate, with various motives cited, including fighting against Hamas, rescuing hostages, and retaliation. However, a growing number of top officials, NGOs, and academics in the West claim that Israel's military campaign in Gaza is genocide.
This controversial label has been applied following the Israel-Hamas war that erupted in October 2023. The conflict began with a surprise attack by Hamas-led militants. Since then, there have been allegations of war crimes and crimes against humanity, but the question of genocide remains contentious.
The International Court of Justice (ICJ) has ruled that genocide was committed only in Srebrenica, not in the Gaza Strip. However, Amnesty International and other human rights groups have concluded that Israel's conduct in Gaza following October 2023 amounts to genocide.
Physicians for Human Rights Israel (PHRI) has documented systematic destruction of Gaza’s health infrastructure and deliberate targeting of Palestinians, which meet at least three acts defined under Article II of the Genocide Convention. Amnesty International, UN bodies, and legal scholars cite the extensive blockade, repeated military campaigns, high civilian death tolls, forced displacement, and destruction of civil infrastructure as evidence of genocidal intent or actions likely to bring about mass destruction of the Palestinian population in Gaza.
However, some international law experts, such as Stefan Talmon, argue that while Israel’s conduct may amount to serious war crimes, there is no confirmed evidence of the specific intent to commit genocide as defined by the 1948 Convention. The difficulty lies in proving specific intent—the deliberate intention to destroy Palestinians as a group—which is required legally to qualify an act as genocide.
The absence of clear evidence or compliance with the high standards of genocide makes it difficult to prosecute Israel for genocide. South Africa started proceedings at the International Court of Justice against Israel for alleged violations of the 1948 Convention in December 2023. However, the ICJ has yet to rule against any country for genocide.
The use of the term "genocide" without proper definition or legal proof has raised concerns among some law experts. The debate continues, with human rights organizations, international courts, and legal experts investigating and analysing Israel's actions in Gaza.
As of mid-2025, there is notable but not universally accepted evidence sufficient to prove Israel's actions in Gaza legally constitute genocide under the 1948 Convention. The issue remains under ongoing investigation and analysis.
- The debate over Israel's military actions in Gaza, particularly following the Israel-Hamas war in October 2023, has extended to general news, politics, crime and justice, and sports discussion platforms, with human rights groups like Amnesty International claiming that Israel's conduct amounts to genocide.
- Despite the International Court of Justice ruling that genocide was committed only in Srebrenica, not in the Gaza Strip, various human rights organizations and legal scholars argue that Israel's military campaigns, high civilian death tolls, forced displacement, and destruction of civil infrastructure in Gaza suggest genocidal intent or actions likely to bring about mass destruction of the Palestinian population.
