Analysis

Has “genocide” taken place in Gaza?

The term “genocide” was initially coined in 1944 by Raphaël Lemkin, a Polish lawyer, in his book Axis Rule in Occupied Europe. Lemkin used this term to characterize actions directed at the destruction of particular groups of people in the past. In 1946, genocide was formally recognized as a crime under international law for the first time in the United Nations General Assembly.

What defines genocide?

According to the UN Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention), it comprises of any action that involves “killing members of the group,” “causing serious bodily or mental harm to members of the group,” “imposing measures intended to prevent births within the group,” and “intentionally inflicting conditions of life calculated to bring about its physical destruction in whole or in part.”

killing members of the group

As per the recent announcement from the Gaza Health Ministry, the devastating attacks by the Zionist regime have resulted in over 20,000 fatalities and approximately 53,320 injuries, primarily affecting women and children. The organization Defense for Children International — Palestine (DCIP) reports that, up to the tenth day of the attacks, children constitute more than one-fourth of the total Palestinian casualties. The most recent statistics as of December 19, 2023, show that this number has reached 7,700 child martyrs, comprising about 40% of the total victims.

Causing serious bodily harm

While the death of over 20,000 Palestinians constitutes a blatant violation of this aspect of the United Nations Genocide Convention, specifically “causing serious bodily harm,” developments in Gaza suggest that without ample humanitarian assistance, we could witness even graver tragedies. UNICEF, sounding the alarm regarding the scarcity of “sufficient safe water, food and sanitation” in Gaza, underscores the potential for “child deaths due to disease” to surpass “those killed in bombardments.”

 

Two days after Operation Al-Aqsa Storm, Yoav Gallant, the Minister of War for the Zionist regime, declared in a statement that was largely carried out, “We are putting a complete siege on Gaza … No electricity, no food, no water, no gas — it’s all closed.”

The emergence of various diseases among 1.9 million Palestinian refugees in the aftermath of the Zionist regime's attacks has led to an increase in skin diseases and rashes, jaundice, scabies, and more. Earlier, Human Rights Watch (HRW) organizations and Amnesty International deemed the use of phosphorus munitions by the Zionist regime "unlawful" due to the serious risks and potential long-term harm it could inflict on civilians and non-combatants.

Causing serious mental harm

“When they shelled us with the second missile, I woke up and was surrounded by rubble. I realized that my leg had been cut off. Because there was blood, and I had no leg. I tried to move it but it wouldn’t move. My father and my mother were martyred. My brother Mohammad and my sister Dalia too. I want someone to take me abroad, to any country, to install a prosthetic leg, to be able to walk like other people. So that I can move and go out and play with my siblings.”

The heart-wrenching words from Dunia Abu Mohsen, a 12-year-old Palestinian girl killed on December 17 when an Israeli tank shell hit the maternity building of Nasser Hospital in the southern city of Khan Younis, represent only a fraction of the immense suffering endured by the people of Gaza.

The cumulative trauma of chronic violence significantly impacts children's mental health and perspectives, leaving lasting negative effects that persist into adulthood. For Palestinians, this issue is especially palpable, as many may never have had a moment in their entire lives free from the constant threat and fear of attacks by the Zionist regime.

Nearly every child in the Gaza Strip has faced profoundly distressing events and psychological harm, arising from widespread destruction, relentless attacks, displacement, and severe shortages of essential necessities for life.

One year ago, the non-governmental organization Save the Children published insights into the mental health of Palestinian children. The report revealed that four out of five children in the Gaza Strip experience depression, grief, and fear at some point in their lives. According to the 2022 study, the mental health situation has notably deteriorated since 2018, with emotional distress among children rising from 55% to 80%.

The Guardian reported just 16 days after the commencement of the Zionist regime's attacks in October 2023, quoting Fadel Abu Heen, a Palestinian psychiatrist, that Children in Gaza are developing severe trauma symptoms. These include convulsions, bed-wetting, fear, aggressive behavior, nervousness, and not leaving their parents’ sides.

Intentionally inflicting conditions of life calculated to bring about its physical destruction in whole or in part

United Nations assessments show that since the start of widespread Zionist attacks on non-combatants on October 7, almost one-fifth of the buildings in the Gaza Strip have either been destroyed or suffered severe damage.

The statistics rely on images supplied by the United Nations Satellite Centre, enabling analysts to generate maps of damaged structures. Yet, certain analysts raise concerns about these statistics, suggesting a potential issue. Specifically, there is a high likelihood that some of the estimated figures for destroyed buildings may be lower than the actual situation. This discrepancy arises from the fact that the images, for instance, categorize collapsed buildings with intact ceilings as undamaged.

As a result of the bombardment by the Zionist regime and the destruction of Palestinian homes, approximately 1.9 million people, equivalent to 85% of the population of Gaza, lack safe shelter against cold and rain and are living in very difficult conditions.

Imposing measures to prevent births within the group

The actions of the Zionist regime aim to hinder the birth and survival of newborns in Gaza. Dr. Shireen Abed, a neonatal specialist in Gaza, describes the conditions surrounding childbirth as "extremely horrible." In her view, "There’s no humanity for people." Many pregnant women in Gaza, suffering from stress and pressure due to the attacks by the Zionist regime, experience premature births, placing these preterm infants at a high risk of early mortality.

As a result of the complete siege on Gaza, the lack of fuel and energy, even within minutes, can jeopardize the lives of infants dependent on incubators.

Furthermore, attacking medical centers after cutting off the supply of fuel, electricity, and medicine is another act of destruction against infants. According to The Independent, with power outages and the malfunctioning of incubators, doctors are forced to use tin foil to keep infants warm and maintain their body temperature.

With a little reflection on what has transpired in Gaza over the past three months and the definition of genocide provided by international organizations, to which the Zionist regime and its main supporter the United States are members, it can be stated that the Zionists have extensively committed all the mentioned crimes outlined in the United Nations Genocide Convention against the people of Gaza.

According to a treaty known as the Rome Statute of the International Criminal Court, the ICC is responsible for the prosecution of individuals accused of committing the most serious crimes in the international community, including genocide.

Looking beyond the different aspects and severity of the Zionist regime's wrongdoings against Palestinians, particularly the people of Gaza, what deserves heightened focus is the importance of addressing this ongoing genocide. The Leader of the Islamic Revolution stressed the necessity of a “prosecution” against the Zionist regime, asserting, “They [the Zionist regime] choose crowded centers and strike there. … This crime is being seen by everyone in the world. They must be prosecuted. The current usurping government of the Zionist regime must definitely be prosecuted today. They must be prosecuted.”

It is evident that when independent and justice-seeking nations take necessary and impactful measures to condemn the Zionist regime for its egregious crime of genocide, the global community, too, will soon witness Israel being prosecuted as an illegitimate and condemned state for genocide. The foundation for such actions lies in justice and a profound understanding of the crimes against the Palestinians, undeniably illuminated and evident in this era. A recent noteworthy development is South Africa filing a case against the Zionist regime at the International Court of Justice (ICJ), accusing it of crimes of genocide against Palestinians in Gaza. This serves as an exemplary instance of such initiatives.