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The growing number of high -ranking government officials, NGOs and scientists in the West are ready to argue that the continuing military operation of Israel in Gaza is equivalent to genocide.
Nevertheless, some lawyers were alarming about the dangers of using the term, which is considered as a “crime of crimes” without the correct definition or legal evidence.
They say that there is still no specific evidence that Israel makes genocide, as determined by the 1948 Convention on the prevention and punishment of the crime of the genocide, which is signed by Israel.
“Israel commits a military crime on the use of hunger as a military weapon, which is prohibited by international law,” said Stefan Talmon, an outstanding professor of international law at the Bonn University.
“But there is a difference between a war crime and crime of genocide.”
There is still no clear intentions of genocide
The word “genocide”, first invented by Jewish lawyer Rafael Lemkin in 1944, was defined in the 1948 contract as a set of five crimes ”, committed with the intention to destroy, completely or partially, the national, ethnic, ethnic or religious group.
These crimes include “the murder of team members, the task of serious physical or mental harm to the team members, the deliberate imposition of a life group, which, according to estimates, leads to the natural destruction of everything or partially, the imposition of measures aimed at preventing their childbirth group.
The Israeli war in Gaza began after an unexpected attack by the fighters led by Hamas on October 7, 2023 in the south of Israel, as a result of which 1,200 people were killed and taking hundreds of hostages. Fifty hostages are still holding on, although, as it is believed, less than half, as they believe.
Since then, the UN services have warned that Israeli air raids in gas, along with the siege of the region, have led to the deaths of more than 60,000 people, to force tens of thousands of people and more and more evidence of mass hunger.
In December 2023, South Africa began the procedure in the International Court (IAS) against Israel for the alleged violations of the 1948 Convention, claiming that “the actions of Israel and omissions … racial and ethnic groups.”
A year later, Amnesty International became one of the first international NGOs to conclude that “there is a sufficient amount of evidence to believe that the behavior of Israel in Gaza after October 7, 2023 is equivalent to the genocide.”
More recently, the B’Tselem, an outstanding Israeli non -governmental organization, also stated that the Israeli policy in the gas sector “in combination with the statements of senior Israeli political and military commanders on the targets of the attack” led to the conclusion that the “Israeli”.
In a separate interview, the Omer of the Holocaust Omer, the Omer of the Holocaust, told Euronews that he called the Israeli military campaign as genocide in May 2024, when the Israeli army decided to align the city in Mauza – a coastal district, almost without asylum.
But for an expert on international law and lawyer, such as Talmon, there is sufficient evidence of a clear intention to perform genocide in Israel and will be “very difficult” for South Africa or any other country to prove that Israel is engaged in genocide.
“The point is not only that you kill people as such and kill someone intentionally,” Talmon said. “You must kill a person because you want to destroy the group to which he belongs is completely or partially.”
“This does not necessarily mean that you should kill the team as a whole or partially,” continued Talmon. “We saw people’s beliefs for genocide, where only one person was killed … not 6 million people, as in the Holocaust, have genocide.”
According to him, evidence is either “immediate evidence” as a decision of the Israeli Security Council, which “explains that the Council of Ministers, in fact, wants to kill the Palestinian people.”
But ICT may also require indirect evidence by which “you can mainly conclude the conclusion of the intention to be destroyed in full or partly according to a specific scheme of action.” In addition, according to him, there should be “no other conclusion that cannot be made from this event, except for the intention of destruction.”
Example Srebrenica
Talmon pointed to genocide in the city of Srebrenza, East Bosnia, in July 1995, which led to the systematic performance of more than 8,000 Bosnia, mainly men and boys.
Despite the number of cases of genocide caused by the military and political leadership of the Serbs Bosnia for crimes in various parts of the country, TSD decided that the genocide was committed only in Srebrenitsa.
“(Bosnians) Serbs separated women and children from men and began to kill (thousands of) men of all ages, from 16 to the basic 65 or 75 years old, regardless of whether they were soldiers or whether they were civilians,” he said.
“Now, in this situation, the International Court said: what other explanation can you give for this mass murder for two days, except to destroy the Bosnian Muslims in this area and destroy them?”
“We did not have such a situation in the gas sector,” Talmon added.
Crime against humanity over genocide
According to Talmon, without undeniable, direct or indirect evidence, the intentions of the destruction of Israel may be held accountable for charges of war crimes or crimes against humanity.
According to the UN rules, the term “war crimes” refers to violations of international humanitarian law committed against civilians or hostile fighters during the international or internal armed conflict. ” A crime against humanity belongs to a number of crimes that “are committed in the context of an extensive or systematic attack on any civilian population, knowing the attack.”
“Of course, the action of Israel can also be explained in many other ways,” Talmon said. “Starting from the battle against Hamas to saving hostages, it may be out of simple cruelty, retaliation, revenge, ethnic cleaning,” he explained.
There are many other explanations for Israeli actions, so it will be very difficult to say, since the Israelis use excessive violence, lead the Palestinians south of the rural strip of gas, limit them to very specific areas, in essence, reducing food, water and water.
Despite the lack of clear evidence or compliance with high standards of genocide, Talmon came to the conclusion that such a sentence will have destructive consequences for the Israelis, many of whom are surviving or children of the Holocaust.
“If you find that Israel is engaged in genocide or that Germany has committed genocide, not only the current government, which should be considered as Génocidaire“Talmon said, using the French word for the criminal of genocide.
“All people,” he said. “The Israelis are becoming victims … The Germans became victims.”
ICT was founded in 1945 and released the authenticity of the genocide in several cases against people, and has not yet ruled a single country in genocide.
Cases of genocide before international courts are a painful enterprise, which often lasts more than ten years until the verdict is released.
Israel resolutely rejected all the accusations of the Genocide campaign in gas, in turn, stated that its actions are intended to weaken and destroy Hamas.
He also repeatedly accused the militant team of the deliberate danger of the life of the Palestinians using them as human shields, and stated that he did everything he experienced to prevent losses between civilians.