this post was submitted on 18 Oct 2024
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[–] tortillaPeanuts@lemmy.world 0 points 1 week ago (1 children)

Why didn't you include all of article II in your criteria?

Here's the beginning:

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religions group, as such:

The intent and type of group being targeted are also part of the criteria.

In this case it would be Israel intending to destroy, in whole or in part, Palestinians. Which South Africa is trying to prove in court using statements that Israeli politicians have made and the actions of the IDF.

The intent is the most difficult element to determine. To constitute genocide, there must be a proven intent on the part of perpetrators to physically destroy a national, ethnical, racial or religious group. Archive of UN.org

[–] jordanlund@lemmy.world 13 points 1 week ago (1 children)

When Israeli snipers are shooting little kids in the head, that is not hard to prove.

https://www.theguardian.com/world/2024/apr/02/gaza-palestinian-children-killed-idf-israel-war

"“One child, I could see there was a shot to the head. They were doing CPR on this five- or six-year-old girl who obviously died,” said Gupta.

“There was another little girl about the same age. I saw a bullet entry wound on her head. Her father was there, crying and asking me, ‘Can you save her? She’s my only child.’”

Gupta said that a third young child also had a shot to the head and was sent for a CT scan.

“The neurosurgeon looked and said, ‘There’s no hope.’ You could see the bullet had gone through the head. I don’t know how old he was, but young,” she said.

. . .

"The doctor said he treated five children he believes were shot by snipers because the placing of the bullets suggested they were not hit randomly but targeted.

“They were mostly shot in the thorax, the chest area, some in the abdomen. There was one boy shot in the face. As a result he had a shattered jaw. There were two children who had been shot in the chest, young, under the age of 10, who did not survive. Two others, one shot in the abdomen, did survive. They were still recovering in the hospital when I left,” he said.

Ahmad noted the children were often shot by “one large-calibre bullet” which could produce devastating wounds."

. . .

"“This is not a normal war. The war in Ukraine has killed 500 kids in two years and the war in Gaza has killed over 10,000 in less than five months. We have seen wars before but this is something that is a dark stain on our shared humanity.”"

[–] xor@lemmy.blahaj.zone 1 points 1 week ago (1 children)

That's deeply upsetting, but still not the same as proving systematic intent to commit genocide

[–] Keeponstalin@lemmy.world 4 points 1 week ago* (last edited 1 week ago) (1 children)

Israel has certainly shown enough intent to prove it themselves

Genocide

On 26 January 2024, the ICJ said that it was plausible that Israel had breached the Genocide Convention. As an emergency measure, it ordered Israel ensure that its army refrained from genocidal acts against Palestinians.

The ICJ reported, as part of its decisions in March and May, that the situation in Gaza had deteriorated and that Israel had failed to abide by its order in January.

So, when we look at the actions taken, the dropping of thousands and thousands of bombs in a couple of days, including phosphorus bombs, as we heard, on one of the most densely populated areas around the world, together with these proclamations of intent, this indeed constitutes genocidal killing, which is the first act, according to the convention, of genocide. And Israel, I must say, is also perpetrating act number two and three — that is, causing serious bodily or mental harm, and creating condition designed to bring about the destruction of the group by cutting off water, food, supply of energy, bombing hospitals, ordering the fast evictions of hospitals, which the World Health Organization has declared to be, quote, “a death sentence.” So, we’re seeing the combination of genocidal acts with special intent. This is indeed a textbook case of genocide.

More than 800 scholars of international law and genocide have signed a public statement arguing that the Israeli military may be committing genocidal acts against Palestinians in the Gaza Strip as the total siege and relentless airstrikes continue to inflict devastation on the occupied territory.

An independent United Nations expert warned Monday that "Israel's genocidal violence risks leaking out of Gaza and into the occupied Palestinian territory as a whole" as Western governments, corporations, and other institutions keep up their support for the Israeli military, which stands accused of grave war crimes in the Gaza Strip and West Bank.

Our documentation encompasses over 500 incitements of violence and genocidal incitement, appearing in the forms of social media posts, television interviews, and official statements from Israeli politicians, army personnel, journalists, and other influential personalities.

Others: AP News, Time, Reuters, Vox, CBC

Deliberate Attacks on Civilians

Israel deliberately targets civilian areas. From in general with the Dahiya Doctrine to multiple systems deployed in Gaza to do so:

Israel also targets Israeli Soldiers and Civilians to prevent them being leveraged as hostages, known as the Hannibal Directive. Which was also used on Oct 7th.

[–] xor@lemmy.blahaj.zone 1 points 1 week ago

Yes, to be clear, I'm not trying to argue that they aren't committing genocide, just that the initial copy-paste comment leaves out the most important part of doing so, because that's the bit that's actually challenging to prove