Genocide and Crimes Against Humanity in Gaza: A Violation of International Law?

6 Pages Posted: 30 Jan 2024 Last revised: 28 Jan 2025

See all articles by Hemendra Pal

Hemendra Pal

Independent; ALTREICH THINKTANK (AT) [India and Georgia]

Date Written: December 25, 2023

Abstract

The conflict in Gaza in late 2023 has triggered international concern about potential violations of international law, including accusations of genocide and crimes against humanity. This report explores these allegations, utilizing established protocols and recent events to provide a comprehensive understanding of the ethical and legal dilemmas surrounding the conflict.

One major accusation revolves around intentional and systematic killings of civilians, which is a key characteristic of genocide. The high number of Palestinian casualties, including children, raises questions about Israel's targeting practices and adherence to the principles of distinction and proportionality in armed conflict. Forced displacement and destruction of homes and infrastructure are also alleged acts of genocide. The widespread destruction in Gaza, coupled with the threat of forced displacement, violates UN protocols and causes serious harm to the population.

Differentiating between war crimes and genocide can be challenging, but investigations by the International Criminal Court are crucial in determining intent. Additionally, the intentional targeting of innocent civilians, particularly children, constitutes a serious violation of international law and raises concerns about war crimes and potential genocide.

The actions of Israel in Gaza also violate broader human rights, such as the right to life, health, water, and sanitation, as well as the psychological well-being of civilians, especially children. Killing pregnant mothers is seen as an indicator of genocidal intent, further fueling concerns about Israeli targeting practices.

Denial of basic amenities and attacks on refugee shelters compound the suffering of Palestinians and may constitute war crimes and crimes against humanity. The systematic nature of civilian casualties and infrastructure destruction necessitates investigation by the International Criminal Court to determine the potential presence of crimes against humanity.

This report presents a neutral and analytical analysis of the situation, prioritizing human rights concerns and calling for international action based on legal frameworks. It emphasizes the need for a ceasefire, independent investigations, and accountability for the perpetrators of human rights violations. Upholding international law and human rights principles is essential for achieving peace in the region.

Keywords: International Law, International Human Rights, War Crimes and Genocide, Crime against Humanity, Genocide in Gaza

JEL Classification: K14, K33, K41, L38, F22, N40, D74

Suggested Citation

Pal, Hemendra, Genocide and Crimes Against Humanity in Gaza: A Violation of International Law? (December 25, 2023). Available at SSRN: https://ssrn.com/abstract=4686314 or http://dx.doi.org/10.2139/ssrn.4686314

ALTREICH THINKTANK (AT) [India and Georgia] ( email )

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