LEGAL GLOSSARY: Understanding the terms “genocide”, “war crimes” and “crimes against humanity” in the context of the Israel-Hamas conflict
Since the start of the conflict between Israel and Hamas, the question of whether the acts committed by both sides amount to genocide, war crimes or crimes against humanity has been debated. It is essential to understand the legal meaning of these terms so that you can correctly apply them to current events.
Genocide is defined by the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the United Nations in 1948. According to this convention, genocide is the act of intentionally killing members of a national, ethnic, racial or religious, or intentionally cause serious harm to their physical or mental integrity. To qualify as genocide, it is also necessary to prove the existence of a specific intention to destroy in whole or in part the targeted group. In the context of the Israel-Hamas conflict, the charge of genocide could be difficult to prove because it would require demonstrating a specific intent to destroy the Palestinian people as a group.
War crimes are unlawful violent acts committed during armed conflict that are considered serious violations of the laws and customs of war. They may include acts such as deliberate attacks on civilians, torture, rape or inhumane treatment. To qualify as war crimes, these acts must be committed intentionally and in violation of international humanitarian law. In the context of the Israel-Hamas conflict, allegations of war crimes have been made on both sides, such as deliberate attacks on civilian infrastructure or the use of excessive force against civilians.
Crimes against humanity are serious and systematic acts committed on a large scale as part of a widespread or systematic attack against a civilian population. They include acts such as murder, torture, enforced disappearances, rape and persecution. To qualify as crimes against humanity, these acts must be committed as part of a state or organizational policy and be intentional and systematic. In the context of the Israel-Hamas conflict, accusations of crimes against humanity have been made by some international organizations and leaders, alleging acts such as indiscriminate bombing of densely populated areas or forced displacement of part of the population .
It is important to note that the legal qualification of these acts falls within the jurisdiction of international courts, such as the International Criminal Court (ICC), and that in-depth investigations are necessary to establish the individual responsibility of the perpetrators.. Furthermore, it should be emphasized that opinions on the legal characterization of acts committed in the context of the Israel-Hamas conflict may vary depending on political perspectives and geopolitical interests.
In conclusion, the legal classification of acts committed in the context of the Israel-Hamas conflict is a complex and controversial debate. The terms “genocide”, “war crimes” and “crimes against humanity” must be understood in their precise legal meaning, and the individual responsibility of the perpetrators must be established by competent courts.