Both South Africa and the Center for Constitutional Rights are basing their cases on the Genocide Convention — the treaty that defines the crime of genocide under international law. This definition has two requirements for determining that a state is committing a genocide: The state must demonstrate the intent to destroy a group of people. There must be physical acts committed which put this intent into action. Israel’s months-long assault on Gaza clearly meets both of these legal requirements of genocide. Intent The Genocide Convention was drafted in the aftermath of the Nazi Holocaust, in the face of a particular kind of horror: not just mass killing, but mass killing with the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” Intent is often understood by scholars as the most difficult component of the genocide definition to prove in court. However, Israeli government officials have repeatedly made their intent to commit genocide remarkably evident. Both their rhetoric and actions illustrate that they are targeting and bombing Palestinians in Gaza for the sole reason that they are Palestinians in Gaza. On October 12, Israeli President Isaac Herzog said: “It’s an entire nation out there that is responsible. It’s not true this rhetoric about civilians not aware not involved. It’s absolutely not true. … and we will fight until we break their backbone.” Israel has now carried out over three months of “indiscriminate” bombing in Gaza, targeting churches, mosques, hospitals, schools, U.N. facilities, refugee camps, homes, and the very roads on which Palestinians were fleeing Israeli bombing. Nowhere in Gaza is safe from the Israeli onslaught.
