Is Israel Committing Genocide? (archive)
I have been engaged for six decades in the human rights movement, which has endeavored to restore peace by enforcing International Humanitarian Law. Can the law bring a measure of justice to the victims of Israel’s and Hamas’s violence?
Like most of my colleagues in the international human rights movement, I use the term “genocide” sparingly. During my fifteen-year tenure at Human Rights Watch (HRW), which I cofounded in 1978, I applied the term to only one of the many great crimes that we monitored: Saddam Hussein’s slaughter of the Iraqi Kurds in 1988.
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In late December, when South Africa brought to the ICJ its accusation that Israel was committing genocide in Gaza, I did not join some of my colleagues in the international human rights movement in their support of the charge. I was deeply distressed by Israel’s bombing campaign, particularly by its frequent use in densely populated areas of 500- and 2,000-pound bombs—supplied by the United States—that were killing large numbers of civilian noncombatants. (On May 8 Biden halted the shipment of such bombs to prevent their use in Rafah.) Such weapons are clearly inappropriate for use in those circumstances. Yet I was not convinced that this constituted genocide.
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And yet, even believing this, I am now persuaded that Israel is engaged in genocide against Palestinians in Gaza. What has changed my mind is its sustained policy of obstructing the movement of humanitarian assistance into the territory. (zvýraznění přidáno)
As early as October 9 top Israeli officials declared that they intended to block the delivery of food, water, and electricity, which is essential for purifying water and cooking. Defense Minister Yoav Gallant’s words have become infamous: “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel, everything is closed. We are fighting human animals and we act accordingly.” The statement conveyed the view that has seemed to guide Israel’s approach throughout the conflict: that Gazans are collectively complicit for Hamas’s crimes on October 7.
Since then Israel has restricted the number of vehicles allowed to enter Gaza, reduced the number of entry points, and conducted time-consuming and onerous inspections; destroyed farms and greenhouses; limited the delivery of fuel needed for the transport of food and water within the enclave; killed more than two hundred Palestinian aid workers, many of them employees of the United Nations Relief and Works Agency (UNRWA), the principal aid provider in the blockaded territory before October 7; and persuaded many donors, including the United States, to stop funding UNRWA by claiming that a dozen of the agency’s 13,000 employees in Gaza were involved in the October 7 attack or have other connections to Hamas. (An investigation by former French foreign minister Catherine Colonna, released on April 22, concluded that Israel had provided no evidence to support its allegations and that UNRWA is “irreplaceable and indispensable.”) The air strikes on April 1 that destroyed all three vehicles in a World Central Kitchen convoy, killing six international aid workers and a Palestinian driver and translator, seemed a continuation of these policies. Israel’s explanation that this was the result of a “misidentification” has aroused skepticism. As a result, other humanitarian groups may be deterred from providing aid.
The cumulative effect of these measures is that many Palestinians—especially young children—are starving. In April the Gaza Health Ministry reported that twenty-eight children have died of starvation. That number could multiply many times over if reports on food insecurity are valid. On April 10 USAID Administrator Samantha Power answered “yes” when asked, at a House Foreign Affairs Committee hearing, whether famine is already occurring in Gaza. On May 3 Cindy McCain, executive director of the World Food Program, stated on NBC News that there is a “full-blown famine in northern Gaza.” Deaths from famine are only a fraction of the total fatalities reported by the ministry. As of this writing, 34,904 Palestinians have been killed, including at least 14,685 children and 9,670 women, and another 78,514 have been injured. Though some Israelis dispute these figures, they are in truth probably an undercount because they do not include those buried under the rubble.
Many of those who survive malnutrition will suffer long-term consequences such as increased susceptibility to illnesses and psychological damage. In Gaza’s north, UNICEF found in February that malnutrition among children under five had nearly doubled in a month. The obstruction of humanitarian assistance is unlikely to affect Hamas combatants directly. Even in conditions of famine, men with guns find a way to get fed. It is those who bear no responsibility for Hamas’s crimes who are suffering most.
All access to the territory is controlled by the Israel Defense Forces, which have denied entry to Israeli and Palestinian human rights organizations and to international organizations like HRW and Amnesty International. Limiting the ability of these organizations to gather information and make detailed reports on the conflict hardly insulates Israel from criticism for its abuses. That is because international observers judge the conflict in Gaza on the basis of principles and assumptions that the human rights movement has helped to establish.
[stručné dějiny humanitárního práva a lidskoprávních organizací]
Aryeh Neier
June 6, 2024 issue
The New York Review