Israel’s Obligations Under the Genocide Convention
I. ObligationICJ genocide case shows the world is upside-down and perverse
Israel’s war in Gaza is not a violation of its commitments as a contracting party to the 1948 Genocide Convention. It is, in fact, a fulfillment of its obligations under the treaty.
For Israel to do nothing in the face of Hamas’ actions on October 7, or to cut its actions short and somehow acquiesce to a reality where that orgy of murder, rape, torture, and abduction would recur, would be a violation of the first article of the Convention, which states:
“The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.”
The Second Article of the Convention defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.”
When Hamas Einsatzgruppen swept into southern Israel on the morning of October 7, their rampage spared no one they were able to reach. It was not a military campaign targeting only security installations or key national infrastructure or targets of political, economic, or religious symbolism. Nor was it a terrorist attack on random civilians designed to shock or pressure others.
It was an attack on every Israeli they could get to. There are no stories of people spared for any reason. Wherever Hamas forces made contact with Israelis, they killed. And if they didn’t kill, it was to kidnap. Villages on the border that weren’t scenes of fire, looting, and murder were those where Hamas forces were either repelled successfully or which they never managed to penetrate before their forces were overcome. Wherever Hamas militants could kill Israelis, they did so, making no effort to distinguish soldier from civilian, man from woman, adult from child, or even Jew from Arab.
None of this is inconsistent with the basic ideological and theological commitments of Hamas as an organization or of the larger movement of which it is only one manifestation. Its Charter evinces a pathological and conspiratorial conception of Jews and openly calls for their physical annihilation. And its spokespersons openly boast of their intention to execute more October 7-style actions in the future.
These beliefs and actions meet all the minimal requirements of the definition in Article II of the Convention. There is the intent to destroy a national group, and that group is targeted “as such.” That is, the killing of civilians who are members of the target group is not a side effect of other acts war, but the goal itself, stated in words and observable in deeds.
If a Jewish state has any purpose at all, it is to prevent this. And if the State of Israel has any obligation under the Genocide Convention, adopted in 1948, the year of Israel’s birth, and conceived largely as a response to the genocide of the Jewish people which had just concluded three years before, it is to act forcefully against it.
At this moment, Israel stands accused of violating its commitments under the Genocide Convention, not because it hasn’t acted forcefully enough against the Hamas regime which has controlled the Gaza Strip for the last 17 years, but rather because it is acting at all.
Deuteronomy 28:32 states “They are an upside-down generation... ”10 myths about UNRWA you may have mistakenly believed
While this verse refers to the warning Moses gave to the Israelite nation before he died and handed over leadership to Joshua, the concept of a world behaving in an irrational and 180-degree perverse manner is evident today.
Moses warns of an upside-down world, a concept strikingly relevant today as we witness the absurdity surrounding the accusation of genocide brought by South Africa against Israel in the International Court of Justice (ICJ). The parallels between ancient warnings and contemporary events are stark, prompting us to examine the perplexing nature of our current reality.
The claim of genocide against Israel becomes increasingly transparent as the antisemitism it really is, when one considers the deliberate steps taken by Israel to protect civilians in conflict zones. Unlike historical instances of genocide, Israel has established humanitarian corridors, allowing civilians to leave harm’s way voluntarily. This raises a fundamental question: How can it be genocide when the so-called “victims” are granted the opportunity to escape the conflict?
The antisemitism in accusing Israel of genocide
Israel’s commitment to minimizing civilian casualties goes beyond mere rhetoric. The Israeli Defense Forces (IDF) dropped millions of leaflets, providing explicit warnings to civilians before initiating military action. Such preemptive measures are unprecedented in the history of conflict, challenging the very notion of genocide.
Furthermore, Israel has put its own troops at increased risk by employing targeted strikes to avoid collateral damage. This commitment to precision strikes and the protection of innocent lives reflects the IDF’s dedication to ethical conduct in the face of adversity. Colonel Richard Kemp, former commander of British troops in Afghanistan, has even gone so far as to describe the IDF as the most moral army in the world.
The absurdity of the genocide claim becomes glaring when one considers the alternatives Israel could have pursued. If Israel harbored genocidal intentions, it could have resorted to indiscriminate bombings similar to the Allies in Dresden or employed nuclear weapons as the US did in Japan. However, Israel’s strategic decisions have consistently prioritized minimizing civilian harm, not just raising doubts about the validity of the genocide accusation but demonstrating the upside-down attitudes of the contemporary world.
Myth 8: UNRWA is the most efficient way to deliver assistance to Palestinians.
No, it certainly is not, and not just because UNRWA lets Hamas run off with lots of goods. There are far more efficient, less corrupt, and less grossly political aid agencies, some of which already are present in Gaza (and the West Bank), that can be mobilized to replace UNRWA. This includes USAID, UNICEF, and the World Food Programme. They could all do the work without succumbing to Palestinian legerdemain.
Myth 9: UNRWA can be fixed.
UNRWA needs more than an “urgent audit,” as the EU reluctantly mumbled this week, and much more than “enhanced due diligence and other oversight mechanisms,” as one unfriendly-to-Israel congressman grudgingly called for.
UNRWA needs to be abolished so that Gaza’s transition away from aid and toward economic development, and away from genocidal fantasies and toward peace building can begin quickly. It is certainly true that the current division of labor – UNRWA services above ground, Hamas terror operations below ground and from within UNRWA facilities – cannot continue.
This requires different international actors that can develop productive industry and jobs in Gaza, and that can lead the construction and operation of civilian services. International funding may still be necessary, but it should be administered by foreign governments directly and by different organizations that are subject to continuous oversight and rigorous accountability.
Myth 10: Wartime is not the right time to shutter UNRWA.
Now is the perfect time to do so. As Israel liberates Gaza from Hamas, the international community can unshackle Palestinians from UNRWA. At the same time Israel can unchain itself from destructive dependency on UNRWA and its problematic Israeli counterpart, the Coordinator of Government Activities in the Territories – COGAT.
Then the rebuilding of Gaza can advance, free from rank corruption, destructive indoctrination, the coddling of terrorism, and overall moral rot that for too long has contaminated international aid politics for Palestinians.