Is Israel committing genocide? Here is what the UN Genocide Convention has to say

The Israeli retaliation in Gaza has come under immense international condemnation and has raised questions about whether it their actions constitute genocide, based on the 1948 United Nations convention. Here's a quick look at the convention's applicability to the situation.

What is the UN Genocide Convention?

The United Nations (UN) Convention on the Prevention and Punishment of the Crime of Genocide, also known as the UN Genocide Convention, was adopted in 1948.

• The convention entered into force on January 12, 1951. As of 2022, there were 152 state parties. 
• It was one of the first UN conventions to address humanitarian issues and was adopted in response to the atrocities committed during World War II. 

What constitutes genocide?

The UN Convention on the Prevention and Punishment of the Crime of Genocide defines genocide as any of the following acts committed with the intent to destroy a national, ethnic, racial, or religious group, in whole or in part:

• Killing members of the group
• Causing serious bodily or mental harm to members of the group
• Imposing living conditions intended to destroy the group
• The convention also specifies that the crime of genocide may be committed in time of peace or in time of war. 
• To constitute genocide, there must be a proven intent on the part of perpetrators to physically destroy a national, ethnical, racial or religious group. 

What is dolus specialis?

In the context of genocide, dolus specialis or "specific intent" means that the perpetrator clearly seeks to destroy a particular group, in whole or in part. It's this special intent that makes the crime of genocide unique. 

Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis).

• The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. 
• The special intent requirement also distinguishes genocide from other international crimes, including other discrimination-based crimes such as the crime of persecution. 

How has Israel acted so far?

The Israel-Hamas war has now entered its 25th day, with the Gazan death toll exceeding 8,300.

With PM Benjamin Netanyahu's recent rejection of a ceasefire, conditions for Gazana have deteriorated rapidly, with hospitals struggling due to power shortages and limited supplies.

Most recently, the Israeli army announced the commencement of a "second phase of the war," with troops and armored vehicles advancing further into Gaza following over three weeks of relentless bombardments, resulting in thousands of Palestinian casualties and a dire humanitarian crisis.

Crimes against Gaza

The Israeli Defense Minister Yoav Gallant made a declaration on October 9th following the initial Hamas attack, stating, 

This dehumanizing rhetoric seems to serve the purpose of justifying the extensive destruction of Palestinian lives. The absolutist notion of "evil" blurs the line between Hamas militants and innocent Gazan civilians while obscuring the broader context of colonization and occupation.

• The Israeli Air Force has reported dropping over 6,000 bombs on Gaza which is nearly as many bombs as the US dropped on all of Afghanistan during its record-breaking years of war. 
• Human Rights Watch has verified the use of phosphorous bombs, which can set fire to both bodies and buildings, with flames that cannot be extinguished by water. 
• A reported 3,195 children have been killed in Gaza during Israel’s military campaign over the past three weeks, surpassing the annual number of children killed in armed conflict globally in each of the past four years, according to Save the Children.

• Israel has escalated its 16-year siege of Gaza, already the longest in modern history and in clear violation of international humanitarian law, to what Gallant terms a "complete siege." 
• Some have called for turning "Gaza into another Dresden", while others have used genocidal language such as "erasing" and "flattening" the strip. 

Biblical justification

Israeli PM Netanyahu invoked the theory of 'Amalek' from the Hebrew Bible to justify the conflict with Hamas. This theory is based on the biblical command to "utterly destroy all that they have" in the context of Amalek, including men, women, infants, animals, and property.