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Jurist Israeli rights groups accuse Israel of genocide in Gaza

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Dadparvar

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Nov 11, 2016
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Two of Israel’s best known human rights organizations stated on Monday that state policies and hostilities in Gaza and the West Bank amount to an ongoing genocide against the Palestinian people.

B’Tselem and Physicians for Human Rights-Israel (PHRI) published each published a report and jointly announced their findings. It is the first time that an Israel-based rights groups has labeled state action in Gaza and the West Bank as genocide. Both organizations called on Israel’s western allies “legal and moral duty” to stop Israel’s harmful conduct.

B’Tselem, which has long been vocal about Israel’s conduct in Gaza and the West Bank, unequivocally concluded that the government’s policy, in conjunction with statements by senior Israeli politicians, constitutes a coordinated action to destroy Palestinians as a group.

In its 88-page report, the group analyzed the legal elements of genocide while also viewing the phenomenon through an historical and social lens. According to international law, genocide occurs when a nation: kills of members of an ethnic, religious, racial, or national group; destroys group living conditions; forcibly displaces group members; and inflicts “social, political and cultural destruction.” The report bolstered its finding with victim and eyewitness testimony, documentation, and legal consultation.

PHRI published a health-focused report that provided a timeline of Palestinian infrastructure destruction, which has created “conditions of life calculated to bring about its destruction in whole or in part”–an element of “the act of genocide” found in the 1948 Genocide Convention. In addition, it found that the legal elements of “killing” and “causing severe bodily harm” were satisfied by Israeli action. The group argued that these acts are part of a larger pattern of systematic public dehumanization of Palestinians and delegitimization of Palestinian health care by Israeli politicians for years preceding the war.

Both reports claimed Israeli policy statements and actions in Gaza and the West Bank carry “special intent,” or dolus specialis. The term is a reference to the International Court of Justice (ICJ) and the UN Special Tribunal on Rwanda’s (ICTR) judgments, in particular the ICTR’s Akayesu judgment, where it held that:

t is possible to deduce the genocidal intent inherent in a particular act charged from the general context of the perpetration of other culpable acts systematically directed against that same group, whether these acts were committed by the same offender or by others. Other factors, such as the scale of atrocities committed, their general nature, in a region or a country, or furthermore, the fact of deliberately and systematically targeting victims on account of their membership of a particular group, while excluding the members of other groups, can enable the Chamber to infer the genocidal intent of a particular act.


Similar reasoning has been previously employed in a UN special committee report as well as a report by the UN Special Rapporteur on the Palestinian territories. Likewise, South Africa, an ongoing case before the ICJ, has argued that Israel exhibits a pattern of conduct suggesting genocidal intent toward Palestinians.

The Israeli government has manifestly rejected the contention that it intends to eradicate the Palestinian people. On Monday, a spokesperson called the human rights group’s claims “baseless,” rejecting accusations of genocidal intent, which are “key for the charge of genocide.” Instead, Israel has reportedly sent “1.9 million tons of aid, most of that being food,” which the spokesperson argued demonstrated lack of genocidal intent. Prime Minister Benjamin Netanyahu has dismissed genocide allegations as antisemitic attacks against Israelis.

Since the October 7 attack led by militant group Hamas–during which a total of 1,195 Israeli’s and foreign nationals were killed and 250 hostages were taken–the Israeli response has pushed the death toll in Gaza past 60,000 people on Monday, according to the Hamas-run health ministry.

The post Israeli rights groups accuse Israel of genocide in Gaza appeared first on JURIST - News.

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