• 1rre
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    9 months ago

    This article misses off half of the legal definition, which is conveniently the part of the definition it’s near impossible to prove Israel’s war crimes meet.

    From the UN:

    The definition of Genocide is made up of two elements, the physical element — the acts committed; and the mental element — the intent. 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. Cultural destruction does not suffice, nor does an intention to simply disperse a group, though this may constitute a crime against humanity as set out in the Rome Statute. It is this special intent, or dolus specialis, that makes the crime of genocide so unique. To constitute genocide, it also needs to be established that the victims are deliberately targeted — not randomly — because of their real or perceived membership of one of the four groups protected under the Convention. This means that the target of destruction must be the group, as such, or even a part of it, but not its members as individuals.

    The problem (with regard to this court case) is proving the intent to destroy Gazans, rather than just ham-fistedly destroy Hamas. Israel’s actions have been undeniably abhorrent and war crimes, however they’ve been careful to stay on the “plausible but unprovable” side of nearly committing genocide, to the point that it almost seems like intention toeing of the line, however unless we get some leaks or they continue after they (hypothetically) destroy Hamas’s leadership and arms it’s nearly impossible to match the definition - unfortunately it’s far easier to do in retrospect once those things come out

    It’d be far easier to get a positive for war crimes and use that for anti-Israel propaganda than going for something which will end up with a ruling in favour of Israel which they can then adopt into their propaganda and paint themselves as innocent in all this

  • ofek256@lemm.ee
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    9 months ago

    I don’t know if the population growth graph in Gaza will agree with you on that