By Jibril Boja
Introduction
The Israel-Palestine conflict is one of the most prolonged and contentious issues in modern geopolitics. At the heart of the recent escalation, especially in Gaza, are grave accusations leveled against the State of Israel, including violations of international law and even genocide. These allegations have drawn global attention, particularly after South Africa filed a case at the International Court of Justice (ICJ) in 2024, accusing Israel of genocidal acts against Palestinians. While the legal and political dimensions of this conflict are complex, it is essential to analyze the situation based on international legal frameworks and available evidence.
Understanding International Law in Conflict
International Humanitarian Law (IHL), especially the Geneva Conventions, regulates conduct during armed conflicts. It prohibits targeting civilians, mandates proportionality in the use of force, and forbids collective punishment. In addition, the Genocide Convention of 1948 defines genocide as actions committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
Numerous human rights organizations, including Amnesty International and Human Rights Watch, have accused Israel of violating these laws. These include allegations of indiscriminate bombing, targeting civilian infrastructure, forced displacement, and imposing blockades that deny essential supplies to Palestinian civilians, particularly in Gaza.
The Genocide Allegation
In January 2024, South Africa filed a case with the ICJ, accusing Israel of committing genocide in Gaza. The court responded by acknowledging a “plausible risk of genocide” and ordered Israel to take immediate steps to prevent any such acts. However, this was not a final ruling but a provisional measure aimed at preventing further harm while the case is ongoing.
To prove genocide, the court must find not only that atrocities were committed but also that they were carried out with the specific intent to destroy a group. This is a high legal threshold and remains to be determined in the full proceedings. Israel, for its part, denies these charges, insisting its military operations are acts of self-defense against armed groups such as Hamas, which have also committed war crimes by targeting Israeli civilians.
Broader Context of War Crimes
Beyond the genocide allegation, independent investigations and UN reports have accused both Israel and Palestinian armed factions of war crimes. These include:
Israel: Use of disproportionate force, bombing densely populated civilian areas, siege tactics, and the destruction of homes and infrastructure.
Hamas and other groups: Indiscriminate rocket attacks on Israeli civilian areas, use of human shields, and hostage-taking.
The International Criminal Court (ICC) has opened a formal investigation into potential war crimes committed by all sides, although no formal charges have yet been issued.
Conclusion
Whether or not Israel is legally guilty of genocide remains a question for the International Court of Justice to decide. However, there is substantial evidence suggesting that Israel’s military actions in Gaza and its policies in the occupied Palestinian territories violate core principles of international humanitarian law. These actions have resulted in immense civilian suffering, large-scale displacement, and a humanitarian crisis that many argue goes beyond conventional warfare.
Until the courts reach their conclusions, the international community must continue to advocate for accountability, protect civilian lives, and seek a just and lasting solution to the conflict—rooted in human rights and international law.
