Unified Group of Over 150 Attorneys Accuse Committing Crimes in Gaza
In a significant development, over 150 international law specialists have publicly expressed their view that Israel has committed and continues to commit war crimes and crimes against humanity in Gaza since October 7, 2023. This view, supported by notable figures such as UN special rapporteurs on the right to food and health, accuses Israel of intentionally imposing famine and causing irreparable harm to Palestinian civilians through bombardments and blockade measures.
The open letter, published in response to an article in Le Monde titled "'Genocide in Gaza': Why the question divides jurists", was initiated by two professors at the University of Paris-Pantheon-Assas, Olivier de Frouville and Julian Fernandez. The signatories, from 15 countries including France, Belgium, and the UK, enumerate eight findings on which they agree.
One of the key findings is that Israel cannot claim the right to legitimate defense when it began bombing the Gaza Strip, as the attack came from within an occupied territory that Israel does not recognize as a distinct state. The signatories also assert that even if Israel had a right to legitimate defense, it must be proportional and carried out within a legal framework.
The letter further states that Israel has committed numerous grave violations of international human rights law and international humanitarian law, which may also be qualified as war crimes and crimes against humanity. Professor Pavot, one of the signatories, specified that what could still be doubted a few weeks ago, and what can no longer be doubted today, is the genocidal intention of the Israeli government.
This genocidal intention, according to the signatories, has crystallized based on several acts such as the blockade of aid and food destined for Gaza, and the Israeli project of a "humanitarian city" to group and confine the population of Gaza. To secure a conviction for genocide, it is necessary to demonstrate before the International Court of Justice the "intention" to commit this "crime of crimes".
This claim contests Israel’s official position, which denies genocidal intent and argues that it is acting in accordance with international law. Israel and some analysts argue that humanitarian aid is being hindered not by Israeli actions but allegedly by Hamas for political and military control reasons. They also claim that Israel investigates and prosecutes violations among its forces.
However, the severe humanitarian consequences are well-documented. Over 60,000 Palestinians have been killed, massive injuries have been reported, and acute shortages of essential food, water, and medical supplies in Gaza have contributed to what many international organizations describe as a humanitarian disaster. The situation has been described by UN and human rights officials as amounting to collective punishment with genocidal elements.
The open letter serves as a reminder to all states, including Canada, that they have the obligation not to provide aid or assistance to a state that commits genocide, war crimes, or crimes against humanity, and to cooperate to put an end to them.
Meanwhile, in a separate development, the Trump government's conviction for contempt of court in a case of deportations of migrants to El Salvador has been overturned.
[1] UN Special Rapporteur on the right to food, Michael Fakhri, statement on Israel's actions in Gaza (2023) [2] Israeli government response to the open letter (2023) [3] Report of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) on the humanitarian situation in Gaza (2023) [4] Amnesty International report on the humanitarian crisis in Gaza (2023)
- The open letter, authored by international law specialists, asserts that Israel's actions in Gaza since October 7, 2023, may be classified as war crimes and crimes against humanity due to their grave violations of international human rights law and humanitarian law.
- In the letter, the signatories argue that the Israeli government's actions, such as the blockade of aid and the establishment of a "humanitarian city" in Gaza, could indicate a genocidal intention, a claim that contradicts Israel's official position.
