• theotherverion@lemmynsfw.com
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    8 months ago

    Is it somewhere written in the ruling that Israel can be breached the genocide convention? No. Even if you compare it to other accepted genocides, this one does not fit. If we just start randomly throwing terms like “genocide” at any conflict that fits your interest, they effectively lose their meaning.

    Same situation like when extreme Zionists call you “antisemitic” for disagreeing with them.

    • Dasus@lemmy.world
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      8 months ago

      Even if you compare it to other accepted genocides, this one does not fit.

      You haven’t though, and that is the point.

      So let’s do it together, shall we?

      Let’s compare.

      What is the definition of a genocide?

      A mental element: the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”; and A physical element, which includes the following five acts, enumerated exhaustively: Killing members of the group Causing serious bodily or mental harm to members of the group Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part Imposing measures intended to prevent births within the group Forcibly transferring children of the group to another group

      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. Cultural destruction does not suffice, nor does an intention to simply disperse a group. It is this special intent, or dolus specialis, that makes the crime of genocide so unique. In addition, case law has associated intent with the existence of a State or organizational plan or policy, even if the definition of genocide in international law does not include that element.

      Importantly, the victims of genocide are deliberately targeted - not randomly – because of their real or perceived membership of one of the four groups protected under the Convention (which excludes political groups, for example). This means that the target of destruction must be the group, as such, and not its members as individuals. Genocide can also be committed against only a part of the group, as long as that part is identifiable (including within a geographically limited area) and “substantial.”

      “Killing”, “Serious bodily harm” “mental harm”

      The death toll in #Gaza has surpassed 30,000 — a large majority women and children. Over 70,000 Palestinians have been injured. >12,300 children dead. 17,000 without parents.

      https://press.un.org/en/2024/sc15600.doc.htm

      Deploring that surgeons have had no choice but to carry out amputations on children without anaesthesia, he said that medical teams have added a new acronym to their vocabulary: “WCNSF” — wounded child, no surviving family. The psychological injuries they suffered have led children as young as five to say they “would prefer to die”, he recalled, adding that — although his organization’s staff are scared and beyond exhausted — they choose to continue working despite increasing risks.

      check, check and check

      Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part

      Well Israel is deliberately blocking aid and even attacking aid convoys: https://palestine.un.org/en/259747-food-convoy-waiting-move-northern-gaza-was-hit-israeli-naval-gunfire

      So, yeah, check.

      Forcibly transferring children of the group to another group

      https://www.aljazeera.com/features/2024/2/15/he-was-nameless-orphaned-children-lose-family-identity-in-gaza

      Orphaned perhaps not close enough? Why force separation though, when the’re no-one to separate them from? But don’t worry, we got the actual separation also covered:

      https://doi.org/10.1136/bmjpo-2022-001655

      Forced separation of parents from their children at the Gaza–Israel border

      Intent? Hmm? Let’s see what the going rhetoric is around Israel these days.

      https://www.timesofisrael.com/liveblog_entry/defense-minister-announces-complete-siege-of-gaza-no-power-food-or-fuel/

      “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel, everything is closed,” Gallant says following an assessment at the IDF Southern Command in Beersheba.

      “We are fighting human animals and we are acting accordingly,” he adds.

      And I think you’ll accept that’s not a source biased in favour of Palestine, eh?

      How about the people?

      https://www.snopes.com/fact-check/israeli-demonstrator-kill-them-all-sign/

      Rating: True

      That’s probably not good enough though, as it’s not from this year, right, so it doesn’t count that some Israeli were calling for “kill them all” in 2016?

      What about

      https://english.almayadeen.net/news/politics/israeli-rabbi-calls-for-genocide-of-all-palestinians-in-gaza

      So while the ICJ has yet to give a verdict to the actual genocide bit, they have given a verdict that the genocidal rhetoric and actions are definitely happening and Israel must do everything to stop it. If it wasn’t happening, that’s not a verdict they would give.

      To pretend that it’s not happening because there’s yet to be an official verdict from the ICJ doesn’t mean that we can’t tell if there’s a genocide going on. Come on.

      Honestly, what would it take for you to admit that it’s a genocide? And not even that. You’re saying I’m “randomly throwing around” the word, as if there’s zero indication of a genocide? The sheer willfull ignorance, it’s staggering.