2 Thus saith the Lord of hosts, I remember that which Amalek did to Israel, how he laid wait for him in the way, when he came up from Egypt.
3 Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass.
7 And Saul smote the Amalekites from Havilah until thou comest to Shur, that is over against Egypt.
9 But Saul and the people spared Agag, and the best of the sheep, and of the oxen, and of the fatlings, and the lambs, and all that was good, and would not utterly destroy them: but every thing that was vile and refuse, that they destroyed utterly.
18 And the Lord sent thee on a journey, and said, Go and utterly destroy the sinners the Amalekites, and fight against them until they be consumed.
19 Wherefore then didst thou not obey the voice of the Lord, but didst fly upon the spoil, and didst evil in the sight of the Lord?
23 For rebellion is as the sin of witchcraft, and stubbornness is as iniquity and idolatry. Because thou hast rejected the word of the Lord, he hath also rejected thee from being king.
1 Samuel 15, King James Version (KJV)
Iron Swords - Law - Genocide
The term Genocide was coined in 1943 by Polish lawyer Raphael Lemkin, who witnessed the massacres carried out by the Nazis during the Holocaust and spent his life campaigning to have the word codified as an international crime. It mixes the Greek prefix “genos”, meaning race or family, and the Latin suffix “cide”, meaning killing.
Genocide was first recognised as a crime under international law in 1946 by the UN and was later codified in the Genocide Convention of 1948. Like crimes against humanity, it can be committed through various acts, including murder, serious bodily or mental harm and the forcible transfer of children.
But for those acts to be considered a genocide, they must be committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. What took place during the Holocaust is considered a genocide against the Jewish people. The atrocities that took place in Rwanda and Armenia are also considered genocides.
Genocide can take place in the context of an armed conflict as well as in peacetime, though the latter is less common. Once again, intent is the most difficult element to prosecute and is what makes this crime so unique.
Referring to the situation in Palestine as genocide is a characterization that some individuals and groups use to emphasize the suffering of the Palestinian people and the significant loss of life and hardship they've endured due to the conflict, including during military confrontations, occupation, and the blockade of Gaza. They argue that certain policies and actions of the Israeli government toward Palestinians are deliberately destructive and oppressive.
The US State Department said on 14 November 2024 that there is no basis for a special UN committee's accusation that Israel is committing genocide in Gaza. The special UN committee considered that Israel's practices during the Gaza war "consistent with the characteristics of genocide."
"This is something we disagree with unequivocally," State Department spokesman Vedant Patel told reporters. "We believe that such formulations and such accusations are absolutely without merit."
The report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, which covers the period from Hamas's attack on Israel on October 7 last year until July, noted "large numbers of civilian casualties and deliberately imposed life-threatening conditions for Palestinians." The committee, which has been investigating Israeli practices affecting rights in the Palestinian territories for decades, said Israel "used starvation as a method of warfare and to impose collective punishment on Palestinians."
"Through its blockade of Gaza, obstruction of humanitarian aid, targeted attacks and killing of civilians and aid workers, Israel is deliberately causing death, starvation and serious injury," she said. Israel has been at war with Hamas in the Gaza Strip since the movement launched an unprecedented attack on Israel in October 2023.
Amnesty International's research has found sufficient basis to conclude that Israel has committed and is continuing to commit genocide against Palestinians in the occupied Gaza Strip, the organization said in a landmark new report published December 5, 2024. The report, 'You Feel Like You Are Subhuman': Israel's Genocide Against Palestinians in Gaza, documents how, during its military offensive launched in the wake of the deadly Hamas-led attacks in southern Israel on 7 October 2023, Israel has unleashed hell and destruction on Palestinians in Gaza brazenly, continuously and with total impunity.
"Amnesty International's report demonstrates that Israel has carried out acts prohibited under the Genocide Convention, with the specific intent to destroy Palestinians in Gaza. These acts include killings, causing serious bodily or mental harm and deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction. Month after month, Israel has treated Palestinians in Gaza as a subhuman group unworthy of human rights and dignity, demonstrating its intent to physically destroy them," said Agnès Callamard, Secretary General of Amnesty International. "Our damning findings must serve as a wake-up call to the international community: this is genocide. It must stop now.
"States that continue to transfer arms to Israel at this time must know they are violating their obligation to prevent genocide and are at risk of becoming complicit in genocide. All states with influence over Israel, particularly key arms suppliers like the USA and Germany, but also other EU member states, the UK and others, must act now to bring Israel's atrocities against Palestinians in Gaza to an immediate end."
Although pro-Palestinian protesters across the globe have gathered under the banner “stop the genocide”, specialists are extremely wary of using the term to describe Israel’s strikes on Gaza. It would be unwise to use such a serious term casually. They argue that using the term "genocide" is not accurate or helpful in describing the Israeli-Palestinian conflict. They maintain that the conflict is political and territorial, involving two groups with legitimate claims and grievances, and that it does not involve an intent to annihilate an entire people. Critics of using the term "genocide" believe that it might exacerbate tensions and hinder the peace process and mutual understanding.
The international community is deeply divided on this issue, and there is no consensus within global institutions such as the United Nations on labeling the situation as genocide. Various human rights organizations and international bodies have documented and condemned human rights abuses and violations of international law committed by both Israelis and Palestinians in the context of the conflict.
In 2021, the ICC opened a formal probe into alleged war crimes in the occupied Palestinian territories during the 2014 Gaza conflict, a decision fiercely contested by Israel. Although Israel is not a member of the court’s 123 member states, the Palestinian territories and Palestinians are.
In November 2023, Israeli Prime Minister Benjamin Netanyahu urged caution among extremists in his coalition, advising them to be mindful of their words regarding the war on Gaza. This plea followed a series of contentious public remarks by hard-liners hinting at the annexation of Gaza and the expulsion of Palestinians. These comments, including Agriculture Minister Avi Dichter's characterization of the war as "Gaza’s Nakba," have complicated Israel's defense before the International Court of Justice (ICJ).
The ill-judged remarks had serious repercussions on Israel's standing with Western allies, which is already uneasy about the war's course and civilian casualties as it touches their self-proclaimed image. These statements made it challenging to deflect calls from Western nations to alleviate the plight of Gaza's civilians, potentially straining support for the aggression on Gaza.
On 29 December 2023 South Africa submitted a motion to the International Court of Justice which accuses Israeli forces of violating the UN's Genocide Convention. South Africa's submission to the Hague-based court reads that the Israeli occupation forces [IOF] operations "are genocidal in character, as they are committed with the requisite specific intent... to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnic group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.”
South Africa's submission to the Hague-based court reads that the Israeli occupation forces [IOF] operations "are genocidal in character, as they are committed with the requisite specific intent to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial, and ethnical group."
South Africa seeks an urgent interim order from the ICJ, declaring "Israel" in violation of the 1948 Genocide Convention. While the full ICJ proceedings will likely extend beyond the Gaza war, Israeli officials fear the court might issue a temporary injunction akin to the one against Russia, prompting efforts to avoid such an outcome. Israel, concerned about its global image, realizes that an adverse ICJ ruling, even temporarily, would provide a significant propaganda win to the Palestinian resistance.
Disregarding an injunction could strain ties with Western allies, eroding support for "Israel's" main announced war objective — crushing the Palestinian resistance. However, adhering to an injunction and halting the military campaign might disrupt "Israel's" internal politics, potentially leading to the breakdown of Netanyahu's coalition. The coalition partners, particularly from the religious right, are already advocating for a wider conflict against the resistance in Lebanon and Palestinian factions in the occupied West Bank.
A report by Politico on 06 January 2024 detailed the challenges that the Israeli regime may face on the genocide charges that were filed against it by South Africa at The Hague. The situation is complicated by divisive internal politics, such as disagreements over providing humanitarian aid to Gaza. According to Politico's report, Israel was in the process of preparing a defense against South Africa's genocide charges, assembling a team of lawyers, and seeking international jurists for support.
The government was reaching out to Western nations for statements of support, considering Ukraine's endorsement, given its case of genocide allegations against Russia. Israel aimed to detail allegations of atrocities committed by the Palestinian resistance on October 7, emphasizing its purported right to self-defense while highlighting claims of using Gazans as human shields.
Tánaiste announced 11 December 2024 Ireland's intervention in proceedings at the ICJ. The Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, secured Government approval for Ireland to intervene in South Africa's International Court of Justice case against Israel under the Genocide Convention. Filing of the intervention will take place at the Court in The Hague later this month. The Government also approved intervention in The Gambia's case against Myanmar under the same Convention. Following the Cabinet meeting, the Tánaiste said:
"There has been a collective punishment of the Palestinian people through the intent and impact of military actions of Israel in Gaza, leaving 44,000 dead and millions of civilians displaced. By legally intervening in South Africa's case, Ireland will be asking the ICI to broaden its interpretation of what constitutes the commission of genocide by a State. "We are concerned that a very narrow interpretation of what constitutes genocide leads to a culture of impunity in which the protection of civilians is minimised. Ireland's view of the Convention is broader and prioritises the protection of civilian life-as a committed supporter of the Convention, the Government will promote that interpretation in its intervention in this case. Intervening in both cases demonstrates the consistency of Ireland's approach to the interpretation and application of the Genocide Convention."
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