Israel Is Not Committing Genocide in Gaza. By Eitay Mack

Nov 1, 2023 2:22 pm IST

The contention that Israel is committing genocide in Gaza in retribution for the Hamas massacres of October 7 is a false claim not founded in international law. It is a dangerous distraction that is more likely to lead to even more civilian deaths in Gaza, Israel and far beyond

Eitay Mack

If the massive death toll in both Israel and the Gaza Strip was not horrendous enough, the false claim continues to be spread that Israel is committing genocide in Gaza in retribution for the massacres carried out by Hamas October 7.

Among them are antisemites who believe Jews are the ultimate evil in the world, conspiracists, “influencers” who, in addition to caring about the Palestinians, have their eye on their social media clout, pro-Palestinian activists who support the Palestinians' right to "armed resistance" and who are trying to bridge the unbridgeable gap between their supposed concern for human rights and the atrocities committed by Hamas by shifting the focus to the “bigger atrocity” of genocide.

Also along for the ride are some cynical politicians, including Turkish President Tayyip Erdogan who said Israel’s assault “amounted” to genocide as well as some human rights activists, journalists, who may have honest intentions but are simply wrong.

There’s a very high bar set for defining genocide laid out in international conventions and law. These state that it is not enough to count the dead, but one must also prove "intent to destroy" in whole or in part, a national, ethnical, racial or religious group.

That's because there is no evidence for this special intent. Civilians in Gaza were killed not because Israel specifically targets them, but because of the extensive Hamas military infrastructures that are located near, inside civilian buildings and in the tunnels beneath them.

Israel called for the temporary evacuation of the local population in the northern part of the Gaza Strip, where the majority of Hamas military infrastructures are concentrated. Meanwhile Hamas uses civilians as human shields and refrains from commenting on how many of the dead and injured are its fighters.

If Israel wants to exterminate the civilians of Gaza, why would it call on them to evacuate to the south and limit its attacks there? According to the UN, a large number of civilians already have evacuated. Of course, this has created a serious humanitarian crisis in the south. Not all want or could leave their homes, and Israel must take this into account in its decisions regarding each and every target in the north.

One "smoking gun" cited by those charging genocide is supposed to be the bombing of Al-Ahli Arab hospital in Gaza City. Although this has been largely debunked, no investigation by a western government or media outlets would likely convince most on the “Palestinian side” that this was not an Israeli attack. But this event proved it is difficult to trust Hamas' announcements without independent examination.

Unfortunately adding fuel to the genocide charge are dangerous statements by some Israeli politicians like that of the Likud lawmaker Ariel Kallner who tweeted on October 7 "Right now, one goal: Nakba! A Nakba that will overshadow the Nakba of 48.”

While such comments should be denounced, those making such statements are not in the circle of decision-making in the war, and in particular not in the special war cabinet that was formed together with the representatives of the Israeli opposition.

A key point lost in the genocide claim is that Israel has a right to defend itself within the limits set in the international conventions and law from the thousands of Hamas' missiles that have been fired continuously from within the civilian population in the Gaza Strip onto Israeli towns and cities since October 7.

Hamas and its partner terrorist organizations continue in their attempts to infiltrate Israel by air, sea and land, from both Gaza and Lebanon.

In view of the horrifying number of civilians and especially children killed in Gaza – the Hamas-run Gaza Health Ministry reports over 8,000 Palestinians killed -- it’s understandable that there are those who question Israel's adherence to international law. How does one draw the line between legitimate self-defense and a disproportionate response? That is a fair question.

And that’s also why it’s essential to note the close supervision of the US and German governments on Israel's war plans, and also Israel coordination with France, Italy, Canada and the UK - none of these countries would greenlight a genocide of the people of Gaza, despite conspiracist claims that they would.

International humanitarian law does not prevent war or prohibit absolutely harm to civilians, but sadly only regulates how it is carried out and under what circumstances this is permitted.

While the UN is paralyzed and its special rapporteurs are busy publishing statements and tweets, those Western governments are the ones also involved in mediation efforts regarding the release of the abductees and the supplying of humanitarian aid to Gaza while verifying it will not reach Hamas.

Instead of seeing this as positive and critical to put checks and balances on Netanyahu's government, which indeed includes supporters of terror, genocide and full apartheid, those on the genocide bandwagon claim Western government conspired with Israel to commit genocide against the Palestinians in Gaza.

This creates a situation where instead of all of us being focused on stopping the war through a diplomatic solution, there is instead this huge baseless distraction.

As long as it not based on facts, the genocide claim will not be useful for ending the war or the promotion of the freedom of the people in Gaza. It could also lead to deadly attacks on Israeli and Western countries citizens and embassies around the world.

It is true that international law is flawed in its protection of civilians, both in definitions and in practice. We need to make up for these flaws by upholding the morals and universal values that Hamas, its jihadist partners and also the Israeli far-right oppose –not by getting lost in the false claims of genocide.

Eitay Mack is a human rights lawyer and activist specializing in the issue of Israel’s arms trade. He is based in Jerusalem.