logo
What is genocide and is it happening in Gaza?

What is genocide and is it happening in Gaza?

Yahoo05-06-2025

Rights groups, lawyers and some governments are describing the Gaza war as "genocide" and calling for a ceasefire but Israel, created in the aftermath of the Nazi Holocaust of Jews, vehemently rejects the explosive term.
Israel says it is seeking to wipe out Gaza's Islamist rulers and free its hostages still held in the occupied Palestinian coastal strip since the Hamas militant attack in Israel on October 7, 2023.
But Israel's devastating war on Gaza -- largely populated by descendants of Palestinian refugees who were expelled from or fled what became Israeli land in 1948 -- has killed tens of thousands of civilians and sparked growing global outrage.
The accusation against Israel of genocide has been made with increasing force from quarters ranging from "Schindler's List" star Ralph Fiennes to Amnesty International and some Israeli historians.
What does the legal term really mean and who can decide whether it applies?
What is 'genocide'?
The word genocide -- derived from the Greek word "genos", for race or tribe, and "cide", from the Latin for "to kill" -- was coined in 1944 by Raphael Lemkin.
Lemkin, a Polish Jew who had fled to the United States, used it to describe the crimes committed by Nazi Germany during the Holocaust.
It was used for the first time within a legal framework by an international military tribunal at Nuremberg to try Nazi leaders for their crimes in 1945.
However, those accused were eventually convicted on charges of crimes against humanity.
It has been recognised within international law since 1948 and the advent of the UN Genocide Convention.
That text defines genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group".
These five acts 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.
Regardless of the definition, the qualification of "genocide" has been hugely sensitive over the decades.
What is happening in Gaza?
Israel's military offensive on Gaza since October 2023 has killed 54,677 people, mostly civilians, according to the health ministry in the occupied Palestinian territory.
The United Nations has said the territory's entire population of more than two million people is at risk of famine, even if Israel said last month it was partially easing the complete blockade on aid it imposed on Gaza on March 2.
Despite international calls for an end to the war, a ceasefire agreement between Israel and Hamas remains elusive.
The latest war started after Hamas fighters attacked Israel on October 7, 2023.
The attack resulted in the deaths of 1,218 people, mostly civilians, according to an AFP tally based on official Israeli figures.
Of the 251 hostages seized, 55 remain in Gaza, including 32 the Israeli military says are dead.
Who speaks of 'genocide' in Gaza?
In December 2023, South Africa brought a case to the International Court of Justice (ICJ), the United Nations' highest judicial organ, alleging that Israel's Gaza offensive breached the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide.
Israel denies the accusation.
In rulings in January, March and May 2024, the ICJ told Israel to do everything possible to "prevent" acts of genocide during its military operations in Gaza, including by providing urgently needed humanitarian aid to prevent famine.
While no court has so far ruled the ongoing conflict is a genocide, human rights groups and international law experts -- including several who are Israeli -- have used the term to describe it.
Amnesty International has accused Israel of carrying out a "live-streamed genocide" in Gaza, while Human Rights Watch has alleged it is responsible for "acts of genocide".
A UN committee in November found Israel's warfare in Gaza was "consistent with the characteristics of genocide".
And a UN investigation concluded in March that Israel carried out "genocidal acts" in Gaza through the destruction of the strip's main IVF clinic and other reproductive healthcare facilities.
Omer Bartov, an Israeli scholar of the Holocaust, wrote in August last year that "Israel was engaged in systematic war crimes, crimes against humanity and genocidal actions".
Fellow Israeli historians Amos Goldberg and Daniel Blatman in January co-wrote an article in which they said: "Israel is indeed committing genocide in Gaza."
Western governments have largely refrained from using the word, with France's President Emmanuel Macron saying it was not up to a "political leader to use to term but up to historians to do so when the time comes".
But Turkish President Recep Tayyip Erdogan has used it, while Brazilian President Luiz Inacio Lula da Silva has accused Israel of "premeditated genocide".
What does Israel say?
Israel alleges it is exercising its right to security and "self defence", an argument echoed by its staunch ally the United States.
Israel has dismissed accusations of genocide as "blatant lies" and Prime Minister Benjamin Netanyahu has accused the UN Human Rights Council of being "an antisemitic, corrupt, terror-supporting and irrelevant body".
He has said UN experts should instead focus on "crimes against humanity and the war crimes committed by the Hamas terrorist organisation in the worst massacre against the Jewish people since the Holocaust", referring to October 7.
The International Criminal Court (ICC) in November issued arrest warrants for Netanyahu and former Israeli defence minister Yoav Gallant over alleged crimes against humanity and war crimes in Israel's war in Gaza -- including starvation as a method of warfare.
It also issued an arrest warrant for Hamas military chief Mohammed Deif over allegations of crimes against humanity and war crimes in the October 7 attack, but the case against him was dropped in February after confirmation Israel had killed him.
ICC prosecutor Karim Khan also initially sought warrants against Hamas leaders Yahya Sinwar and Ismail Haniyeh, but dropped those applications after their deaths in Israeli attacks.
Who decides and when?
Thijs Bouwknegt, a genocide expert, said the Israeli policy in Gaza seemed to be "designed to make a civilian population either perish or leave" but a court would have to decide if it was genocide.
"It bears the hallmarks of it but we still have to wait and see whether it actually was," said the historian, who has conducted research for the ICC and observed trials over genocide in Rwanda and former Yugoslavia.
In the case of Rwanda, in which the United Nations said extremist Hutus killed some 800,000 Tutsis and moderate Hutus in 1994, it took a decade for the International Criminal Tribunal to conclude genocide had happened.
It was not until 2007 that the ICJ recognised as genocide the murder by Bosnian Serb forces of almost 8,000 Muslim men and boys in Srebrenica in 1995 during the Bosnian war.
"The threshold for genocide is nearly impossible to meet," Bouwknegt explained.
"You have to prove that there was an intent and that there was the only possible explanation for what happened."
Has there been intent?
French-Israeli lawyer Omer Shatz said "there is no doubt that war crimes, crimes against humanity are being committed" in Gaza.
But the international law expert agreed intent was more difficult to prove.
That is why, after the ICC issued an arrest warrant against Netanyahu and Gallant, he filed a report with the court in December arguing they were among eight Israeli officials responsible for "incitement to genocide in Gaza".
"If incitement is established, that establishes intent," he told AFP.
His 170-page report lists such alleged incitements, including Gallant at the start of the war saying Israel was fighting "human animals" in Gaza and far-right Finance Minister Bezalel Smotrich urging "total extermination" in the Palestinian territory.
It cites President Isaac Herzog failing to differentiate between Palestinian militants and civilians when he spoke of "an entire nation out there that is responsible" for the October 7 attack.
Mathilde Philip-Gay, an international law expert, said it was ultimately up to a judge to decide on whether the genocide label applied.
But, she warned: "International law cannot stop a war."
"The judiciary will intervene after the war. The qualification (of genocide) is very important for victims but it will come later," she said.
What now?
The 1948 Genocide Convention says signatories can call on UN organs "to take such action... for the prevention and suppression of acts of genocide".
But while it implies they should act to stop any such crime from occurring, it does not detail how.
Activists have called for an arms embargo and sanctions against Israel.
The European Union last month ordered a review of its cooperation deal with Israel and Britain halted trade talks with the government.
But the United States and Germany, two major weapons suppliers, are not likely to want to review their relationship with Israel.
cf-cl-ah/sjw/giv

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Tarnished by Oct. 7, Netanyahu's legacy may be reshaped by war with Iran
Tarnished by Oct. 7, Netanyahu's legacy may be reshaped by war with Iran

Associated Press

timean hour ago

  • Associated Press

Tarnished by Oct. 7, Netanyahu's legacy may be reshaped by war with Iran

TEL AVIV, Israel (AP) — In the days after Hamas attacked Israel on Oct. 7, 2023, Prime Minister Benjamin Netanyahu seemed a shellshocked shadow of himself. He looked diminished and downtrodden by the surprise assault that created a national emergency and caused his public support to plummet. Now, as Israel faces another unprecedented crisis in a war with Iran, Netanyahu appears rejuvenated. With the U.S. lending its support against a threat he has devoted his life to confronting, Netanyahu is demonstrating a resurgent confidence that could signal a new turning point in his lengthy political career. Even as Iranian missiles pound Israeli cities, Netanyahu, 75, has the chance to salvage his sagging political fortunes and reshape a legacy punctured by Hamas' attacks, a corruption trial and a history of divisive rule. If he succeeds, it will cement his reputation within Israel as a political wizard who can rise from the ashes. 'Netanyahu has proven that he is a phoenix,' said veteran Israeli journalist and Netanyahu biographer Mazal Mualem. Netanyahu's troubled legacy is granted a lifeline The war is far from won. Israel is still vulnerable to Iranian attacks, and whatever political boost Netanyahu gains from the latest developments could dissipate by elections scheduled for next year. He is the same polarizing leader he was yesterday. Internationally, he faces an arrest warrant for charges of war crimes in Gaza. He is widely reviled across the Arab world. And after nearly two years of regionwide conflict, many critics see him as a warmonger responsible for tens of thousands of deaths in Gaza and elsewhere in the Middle East. But domestically, where Netanyahu's eyes are always focused, his legacy has been granted a lifeline. Many Israelis are attuned to Netanyahu's campaign against Iran's nuclear program, which they view as a major threat to their country and are therefore relieved by the direct involvement of the U.S. military. 'Netanyahu is seen as a very divisive and destructive leader. He is seen as someone who talks a lot and doesn't do anything,' said Aviv Bushinsky, a former Netanyahu aide. 'Today, Netanyahu redeemed himself, big time.' In an early morning video statement after the U.S. strike on Iran's nuclear facilities, Netanyahu could barely contain a smile as he thanked President Donald Trump. He said the intervention would 'change history.' It's a stunning turnaround for an Israeli leader who critics and analysts largely wrote off in the days after Oct. 7, when he presided over the deadliest attack in Israel's history. Many hold Netanyahu personally responsible for overseeing policies that enabled Hamas to retain power in Gaza for many years and build up a formidable arsenal. Netanyahu has been buoyed occasionally since then by military successes against Hamas and the Iran-backed Hezbollah in Lebanon. But with the Gaza war dragging on with no end in sight, and dozens of Israeli hostages still in captivity, his approval ratings have remained low. The week-old assault on Iran, highlighted by Sunday's U.S. attack, grants Netanyahu a chance for salvation. Netanyahu's yearslong focus on Iran The war caps a yearslong focus — some would say obsession — by Netanyahu on Iran and its nuclear program. Since his first term as prime minister in the 1990s, and throughout his current, nearly uninterrupted 16-year rule, he has made challenging Iran's nuclear program his life's work. Netanyahu has long portrayed Iran as an existential threat — pointing not only to its nuclear program, but also its development of long-range missiles aimed at Israel and support for hostile militant groups on Israel's borders. Iran became a repeated theme in his speeches to the Israeli and international public. He famously hoisted a cartoon bomb from the dais of U.N. General Assembly as he accused Iran of developing a nuclear weapon. Iran insists the program is for civilian purposes. At the same time, Netanyahu has made no mention of Israel's own widely suspected nuclear weapons arsenal. Netanyahu took significant diplomatic risks to pursue his crusade, including with a 2015 speech to Congress that was organized by Republican lawmakers, angering the Obama administration. During the speech, he railed against a U.S.-led deal on Iran's nuclear program just as negotiators were wrapping up its details. Trump unilaterally withdrew the U.S. from the agreement during his first term. Some critics say that it was Netanyahu's laser focus on Iran, and the military and intelligence resources devoted to it, that blinded the Israeli leader and the defense establishment to the threat Hamas in Gaza. Hamas' attack is a stain on Netanyahu's legacy Hamas' attack, in which 1,200 people were killed and 251 taken hostage, blindsided Israel. Netanyahu, who likes to portray himself as a security hawk and the only true guardian of Israel, is seen by many as having promoted a failed strategy in the years preceding the Oct. 7 attack by sending huge amounts of aid into in Gaza under the misconception that Hamas was deterred. In fact, the Palestinian militant group would stage a brutal assault that would crush Israel's vaunted defenses and change the course of history. In the aftermath of Hamas' attack, Netanyahu's public support plummeted. Netanyahu shrugged off accountability for Hamas' attacks, pointing a finger at his security chiefs and rejecting demands for a public inquiry into the failures. He says he will answer tough questions about his role after the war, now in its 21st month. Any political boost from the war could fade by elections Netanyahu's work is not done. The war in Gaza grinds on, and Netanyahu still dreams of seeing a normalization deal between Israel and Arab powerhouse Saudi Arabia as part of his legacy. The question remains whether Netanyahu will rebound politically from the Iran war. Polls taken last week showed that Netanyahu would still struggle to form a coalition if elections were held today. Even if he gets a bump from Sunday's U.S. attack, it's not clear how long that might last. Bushinsky compared Netanyahu's potential political predicament to a world leader he likes to compare himself to, Winston Churchill, who, after leading the allies in triumphantly defeating the Nazis in World War II, did not get reelected in a 1945 vote in part because public priorities shifted dramatically. 'Bibi may be 'King of Israel,' Bushinsky said, using a nickname for Netanyahu popular among his supporters, 'but even a king has his limits.'

Lammy says Middle East needs ‘diplomatic solution' after US talks
Lammy says Middle East needs ‘diplomatic solution' after US talks

Yahoo

timean hour ago

  • Yahoo

Lammy says Middle East needs ‘diplomatic solution' after US talks

Foreign Secretary David Lammy has reiterated the need for 'regional stability' in the Middle East following talks with US officials, as Israel continued to strike Iranian targets on Monday. His remarks came after a meeting between US President Donald Trump and Prime Minister Sir Keir Starmer, held in the wake of US airstrikes on three Iranian nuclear sites. Mr Lammy also spoke with secretary of state Marco Rubio. 'Important discussion with @SecRubio this evening on the situation in the Middle East,' Mr Lammy wrote in a post on X. Important discussion with @SecRubio this evening on the situation in the Middle East. We will continue to work with our allies to protect our people, secure regional stability and drive forward a diplomatic solution. — David Lammy (@DavidLammy) June 22, 2025 'We will continue to work with our allies to protect our people, secure regional stability and drive forward a diplomatic solution.' In a Monday post on Truth Social, Mr Trump claimed the US strikes caused 'monumental' damage, although US officials have said they are still assessing the situation. 'The biggest damage took place far below ground level. Bullseye!!!' he wrote. Over the weekend, the US attacked Fordo, Isfahan and Natanz which are linked to Iran's nuclear programme. The Tehran regime has insisted its nuclear programme is peaceful, but its uranium enrichment process has gone far beyond what is required for power stations. Israeli military officials confirmed late on Sunday they had struck infrastructure sites in Tehran and in the west of Iran. Explosions could be heard in the city of Bushehr on Sunday, home to Iran's only nuclear power plant. Israel confirmed it had struck missile launchers in the city, as well as a command centre where missiles were being stored. Iranian media reported defence systems were firing in Tehran in the early hours of Monday morning, but Iran is yet to comment on the latest strikes. On Sunday night, Downing Street said Sir Keir and Mr Trump agreed Tehran must not be allowed to develop a nuclear weapon and called for Iran to return to negotiations. 'The leaders discussed the situation in the Middle East and reiterated the grave risk posed by Iran's nuclear programme to international security,' Downing Street said. 'They discussed the actions taken by the United States last night to reduce the threat and agreed that Iran must never be allowed to develop a nuclear weapon. 'They discussed the need for Iran to return to the negotiating table as soon as possible and to make progress on a lasting settlement. 'They agreed to stay in close contact in the coming days.' Other countries endorsed the US strikes, with Australian foreign minister Penny Wong giving the White House her full backing on Monday. 'We support action to prevent Iran getting a nuclear weapon and that is what this is,' she said. In the hours after Mr Trump's phone call with Sir Keir, he again posted on Truth Social, saying: 'It's not politically correct to use the term, 'Regime Change,' but if the current Iranian Regime is unable to MAKE IRAN GREAT AGAIN, why wouldn't there be a Regime change??? MIGA!!!' The social media post marked a reversal from previous statements on regime change, including an earlier press conference from defence secretary Pete Hegseth, about the bombing on the three nuclear sites. Iran is yet to confirm how much damage was done in the US-led attack.

Netanyahu stuns Israelis by describing ‘personal cost' of Iran war – postponing son's wedding
Netanyahu stuns Israelis by describing ‘personal cost' of Iran war – postponing son's wedding

Yahoo

timean hour ago

  • Yahoo

Netanyahu stuns Israelis by describing ‘personal cost' of Iran war – postponing son's wedding

Benjamin Netanyahu has evoked the spirit of London during the blitz, and pointed to his own family's sacrifice amid the blood, toil, tears and sweat of his nation: the second postponement of his son's wedding. The Israeli prime minister's remarks, solemnly delivered to the cameras against the backdrop of a missile-struck hospital building in the southern city of Beersheba, set off a howl of derision that echoed around the Hebrew-language internet, at the height of a war that Netanyahu unleashed on Friday. The stunning comments also added grist to the arguments of his critics that the PM is increasingly cut off emotionally from the daily realities of Israel and the region, after more than 17 years in office. Related: Israel's assumption US would get drawn into Iran war is being put to the test Seeking to underline his family's shared hardship with ordinary Israelis, Netanyahu adopted a Churchillian tone when pointing out that this was not the first time his son Avner's wedding had needed to be postponed, and that Avner's fiancee was also disappointed, not to mention the thwarted mother of the groom, Netanyahu's wife, Sara. 'It really reminds me of the British people during the blitz. We are going through a blitz,' Netanyahu said, referring to the wartime Nazi bombing of Britain in which 43,000 civilians died. 'There are people who were killed, families who grieved loved ones, I really appreciate that,' he went on. The Israeli authorities say 24 Israeli civilians have so far been killed. Washington-based human rights activists have estimated the Iranian civilian death toll to be 263. 'Each of us bears a personal cost, and my family has not been exempt,' Netanyahu said at the Soroka hospital, which was struck on Thursday morning by an Iranian missile, causing light injuries. 'This is the second time that my son Avner has cancelled a wedding due to missile threats. It is a personal cost for his fiancee as well, and I must say that my dear wife is a hero, and she bears a personal cost.' Avner Netanyahu's wedding was first scheduled for November but was postponed for security reasons. Then it was due to take place on Monday, despite the threat of opposition protests. Reports that the prime minister was going to take a few days off for the event may have contributed to Iran's complacency on Friday morning when its leadership was taken unawares by Israel's aerial attack. The Israeli backlash to Netanyahu's nuptial comments was instant and furious. Anat Angrest, whose son Matan has been held hostage since the Hamas attack on Israel on 7 October 2023, observed that the suffering 'didn't go unnoticed by my family either'. 'I have been in the hellish dungeons of Gaza for 622 days now,' Angrest said in a post on the social media platform X. Gilad Kariv, a Knesset member for the Democrats, called Netanyahu a 'borderless narcissist'. 'I know many families who were not forced to postpone a wedding, but who will now never celebrate the weddings that were once meant to take place,' Kariv said. He was contemptuous of Netanyahu's claim that his wife, Sara, notorious in Israel for her expensive tastes, was a hero. 'The doctors who leave home for night shifts are the heroes,' Kariv said. 'The teachers who keep our children together on Zoom and phone calls are the heroes.' Amir Tibon, an Israeli journalist, argued that public figures whose children had been killed in combat would never draw attention to the fact. 'But there are no surprises with Netanyahu,' Tibon said. 'Even in moments when a personal example is most needed, he is first and foremost concerned with himself.'

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store