Is Israel's Military Action Against Palestinians Considered Genocide? Insights from International Law
Understanding Genocide in the Context of Current Events
On February 9, 2022, a question was raised in the Rajya Sabha regarding India's ratification of the Genocide Convention (1948) established by the UN General Assembly. The response from the Modi administration confirmed that India signed the Convention on November 29, 1949, and ratified it on August 27, 1959, thereby acknowledging genocide as an international crime. The principles outlined in the Convention are integrated into general international law and are thus part of India's common law. The Indian Penal Code, along with the Criminal Procedure Code, provides effective penalties for individuals guilty of such crimes, recognizing acts that may be classified as genocide as serious offenses.
Genocide is defined as a crime under international law, applicable in both peacetime and during armed conflict. The Genocide Convention, ratified by Israel in 1950, outlines five specific acts that constitute genocide: killing members of a group, causing serious harm to them, inflicting conditions that lead to their physical destruction, preventing births within the group, and forcibly transferring children to another group. For these acts to qualify as genocide, they must be committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, which is a critical distinction from other international crimes.
Regardless of their citizenship status, Palestinians identify strongly as a distinct group, sharing political, ethnic, social, and cultural bonds. They communicate in a common language and practice similar customs, despite their diverse religions, thus qualifying as a protected group under the Genocide Convention.
Since October 2023, Israel has launched an extensive military offensive in the Gaza Strip, marked by relentless aerial and ground assaults that have devastated neighborhoods and cities, obliterating essential infrastructure, agricultural land, and culturally significant sites. This offensive has resulted in the deaths and injuries of tens of thousands of Palestinians, including many children, often through indiscriminate attacks that have decimated entire families. Over 90% of Gaza's population has been forcibly displaced multiple times, forced into increasingly smaller areas lacking basic necessities, leading to dire living conditions. The blockade on humanitarian aid and essential supplies has exacerbated the crisis, crippling water, sanitation, and healthcare systems, while many Palestinians face incommunicado detention and torture.
Numerous organizations, including Amnesty International, assert that Israel's actions towards the Palestinians amount to genocide. The intent to destroy a group, even partially, fulfills the criteria for genocide. International law does not require the complete destruction of a group for genocide to be established; rather, it focuses on the intent behind the actions. The perpetrator's aim can be both military and genocidal, indicating that genocide can serve as a means to achieve military objectives.
The situation in Gaza clearly aligns with the definition of genocide. India, having recognized this crime internationally and signed the relevant convention, must take a stand and act against the ongoing atrocities that unfold daily.