THE HAGUE: A growing number of experts, including those commissioned by a UN body, have said Israelâs offensive in the Gaza Strip amounts to genocide, deepening Israelâs isolation and risking untold damage to the countryâs standing even among allies.
The accusation is vehemently denied by Israel, which was established in part as a refuge for Jews after the Holocaust. Others have rejected it or said only a court can make that determination.
Even so, global outrage over Israelâs wartime conduct has mounted in recent months, as images of starving children emerged, adding to the humanitarian catastrophe of a 23-month war that has killed tens of thousands of Palestinians and laid waste to much of Gaza.
A current offensive in the territoryâs largest city further raised concern, with some of Israelâs European allies condemning it.
But the genocide accusation goes further, raising the question of whether a state forged in the aftermath of the crime is now committing it.
Israeli leaders brand the argument as veiled antisemitism, saying the country abides by international law and urges Gazaâs civilians to evacuate ahead of major military operations. They say Hamasâ Oct. 7, 2023, attack that sparked the war was itself a genocidal act.
In that attack, Hamas-led militants killed some 1,200 people, mostly civilians, and abducted 251. Forty-eight hostages remain in Gaza, around 20 of whom Israel believes are alive.
Israelâs ensuing operation has reduced much of Gaza to rubble and led to famine in parts. Israeli leaders have also expressed support for the mass relocation of Palestinians from Gaza, a move Palestinians and others say would amount to forcible expulsion.
Gazaâs Health Ministry says over 65,000 Palestinians have been killed. The ministry â part of the Hamas-run government and staffed by medical professionals â doesnât say how many were civilians or combatants, but says women and children make up around half.
The definition of genocide
Genocide was codified in a 1948 convention drawn up after the horrors of the Holocaust that defines it as acts âcommitted with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.â
According to the convention, genocidal acts include: killing; causing serious bodily or mental harm; and deliberately inflicting conditions of life calculated to bring about the groupâs physical destruction in whole or in part.
Experts and rights groups increasingly use the genocide label
In a report last week, a team of independent experts commissioned by the UN Human Rights Council concluded the war has become an attempt by Israel to destroy the Palestinian population in Gaza and constitutes genocide.
The group, which doesnât speak for the UN, said its determination was based on a pattern of behavior, including Israelâs âtotal siegeâ of Gaza, killing or wounding vast numbers of Palestinians, and the destruction of health and educational facilities. Israel says Hamas uses such facilities for military purposes. It lifted a complete 2 1/2 month blockade in May.
Many of the worldâs leading experts on genocide have reached the same conclusion, with at least two dozen using the term publicly in the past year. Among them is Omer Bartov, a professor of Holocaust and genocide studies at Brown University.
Early in the war, Bartov, who grew up in Israel and served in its military, argued Israelâs actions didnât amount to genocide.
He changed his mind when Israel took over the city of Rafah, driving out most of its population. He now considers Israelâs actions âa genocidal operation.â
Spanish Prime Minister Pedro SĂĄnchez called Israelâs conduct genocide this month. âThis is not self-defense, itâs not even an attack â itâs the extermination of a defenseless people,â he said.
Two Israeli rights groups have also said itâs genocide. While the groups are respected internationally, their views are not representative of the vast majority of Israelis.
In December, Amnesty International used the term, citing similar findings as the UN-commissioned experts. âLooking at the broader picture of Israelâs military campaign and the cumulative impact of its policies and acts, genocidal intent is the only reasonable conclusion,â it said.
Two weeks later, Human Rights Watch accused Israel of intentionally depriving Gaza of water, saying that amounted to âan act of genocide.â
Others do not see genocide â or say itâs for a court to decide
Israel â where the Holocaust plays a critical role in national identity â casts such allegations as an assault on its very legitimacy. It says Hamas â which doesnât accept Israelâs right to exist â is prolonging the war by not surrendering and releasing the hostages.
The Foreign Ministry dismissed the report by the UN-commissioned experts as âdistorted and false.â
Prime Minister Benjamin Netanyahu has said that Israel could have committed genocide âin one afternoonâ if it wanted, implying it has acted with restraint. Experts say thereâs no numerical threshold for the crime.
Responding to a question in August, US President Donald Trump, whose country is Israelâs staunchest backer, said he didnât think heâd seen evidence to support the accusation.
The Elie Wiesel Foundation, established by the Nobel laureate and Holocaust survivor, also rejected the characterization.
âIsraelâs actions in Gaza do not constitute genocide â they are legitimate acts of self-defense against an organization that seeks Israelâs destruction,â it said in a statement.
Norman Goda, a professor of Holocaust studies at the University of Florida, sees the use of the word as part of âa long-standing effort to delegitimize Israel,â saying the accusations are âlaced with antisemitic tropes.â
UN Secretary-General AntĂłnio Guterres and others say itâs not for politicians or scholars to make the determination.
âWe have always been clear that that is a decision for international courts,â then-British Foreign Secretary David Lammy told Sky News in May.
The European Union has made a similar argument, as has the Auschwitz memorial, dedicated to the victims at the largest Nazi concentration camp, most of them Jews.
The top UN court has been asked to rule
In late 2023, South Africa accused Israel of genocide at the UNâs top court, the International Court of Justice. About a dozen countries have joined the case. A final ruling could take years.
To prove its case, South Africa must establish intent.
Lawyers for the country have already pointed to comments by Israeli leaders, including then-Defense Minister Yoav Gallant saying Israel was âfighting human animals,â and Deputy Knesset Speaker Nissim Vaturi saying that Israelis shared the goal of âerasing the Gaza Strip from the face of the Earth.â
Israeli leaders have downplayed the comments and argued they were taken out of context or directed at Hamas.
Even if it rules for South Africa, the court has no way to stop any genocide or punish perpetrators. Only the UN Security Council can do that â including through sanctions or authorizing military action. The US has a long history of using its veto power there to block resolutions against Israel.
The International Criminal Court, meanwhile, has issued arrest warrants for Netanyahu and Gallant, but neither faces genocide charges. They are accused of using starvation as a method of warfare, allegations they deny.
Israel faces increasing pressure
Israel faces increasing pressure, even from countries not calling its actions genocide. There have been calls for exclusion in the cultural and sports sectors, and protests in several European cities.
The European Commissionâs president, Ursula von der Leyen, one of Israelâs staunchest backers, has called for partially suspending trade ties with the country. Germany and the UK, both strong supporters of Israel, have suspended or restricted some military exports.
Goda, the academic who doesnât think Israel is committing genocide, acknowledged the term has ramifications beyond the legal realm.
ââGenocideâ is a legal term, but it also carries a very heavy political and cultural weight,â he said. âA country committing genocide can never outrun the legacy of that crime.â