Who is responsible for determining whether a situation constitutes genocide?
The United Nations (UN) has been actively investigating alleged violations of international humanitarian and human rights law in the Palestinian territory, with a particular focus on Gaza. The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, mandated by the United Nations Human Rights Council in 2021, has been instrumental in this investigation.
In January 2024, the International Court of Justice (ICJ) rendered an interim judgment, holding that it is plausible that a genocide is underway or about to occur in the Palestinian territory. This judgment is significant, but the determinant nature of the decision is uncertain. Craig M. Scott, a professor of law at York University, shares this sentiment, suggesting that the final decision may be subject to interpretation.
Multiple voices within the UN, including the UN Secretary-General, António Guterres, and the UN Special Rapporteur, Francesca Albanese, have qualified Israel's actions as genocide. However, it's important to note that the International Independent Inquiry Commission's conclusion does not necessarily mean that the UN itself considers Israel to be committing genocide.
Fannie Lafontaine, a lawyer and full professor at the Faculty of Law of Laval University, and holder of the Canada Research Chair in International Criminal Justice and Fundamental Rights, has been closely following these developments. Lafontaine, who contributed to a similar inquiry commission in 2004 and 2005 that looked at Darfur and determined if there was a genocide, believes these commissions can have a significant role in the history of certain conflicts.
The interim judgment obliges states to prevent a genocide from being committed and to ensure they do not contribute to it in any way. In light of this, the UN Security Council has acted and asked the International Criminal Court to intervene.
Meanwhile, the imminent recognition of the Palestinian state by countries like France and Canada may impact the situation. Additionally, Craig M. Scott predicts that Israelis may stop voting for Netanyahu due to international pressure. However, it is unlikely that former Israeli leaders such as Benjamin Netanyahu, Yoav Gallant, or President Isaac Herzog will face immediate international legal sanctions.
These developments underscore the complex and evolving nature of the situation in Gaza, and the role of international bodies in addressing allegations of human rights violations. As the investigation continues, it will be crucial to monitor the actions of the International Court of Justice, the UN, and the international community as a whole.
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