UN Report Links Israeli Conduct in Gaza to Genocide Convention Violations
Expert says findings will bolster South Africa's International Court of Justice case against Israel
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A United Nations report has concluded that Israel's military actions in Gaza from October 7 through July may constitute genocide under international law, according to an international law expert who analyzed the findings during an ABC News Australia interview Wednesday.
Professor Donald Rothwell of the Australian National University said the report represents "the first report that we've really seen from a quite eminent United Nations body comprised of three very well respected jurists" examining whether Israeli conduct meets the legal definition of genocide under the Genocide Convention.
"The report quite systematically and thoroughly assesses the two key elements, that is whether or not Israel is engaging in genocidal conduct and whether also Israel's conduct is consistent with genocidal intent," Rothwell told ABC News Australia.
The report directly examines statements and actions by Israeli political leaders, including Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, to assess genocidal intent—a critical legal component that has proven difficult to establish in previous international proceedings.
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ICJ Case Implications
The findings are expected to significantly strengthen South Africa's genocide case against Israel currently before the International Court of Justice, Rothwell said. South Africa and Israel are currently submitting written arguments to the court in the ongoing proceedings.
"South Africa, I'm sure, and others who are seeking to intervene in that case will actively rely upon this report, not only because of its breadth and depth, but also because of the eminence of the contributors to the report," Rothwell said.
The professor noted the report will serve as part of the evidentiary foundation for South Africa's case, though he cautioned that a hearing may still be "a few years away."
Israel has rejected the UN report's findings, though the document is not legally binding like an ICJ ruling would be.
Genocidal Conduct vs. Intent
Rothwell explained that while evidence of potentially genocidal conduct has been visible through media coverage of Israeli military operations, proving genocidal intent requires examining the political motivations of Israeli leadership.
"In terms of conduct, it's not that difficult. We can actually see genocidal conduct on our television screens on a regular basis in terms of the way in which the Israeli military has consistently attacked Gazan citizens," he said. "But in terms of genocidal intent, that very much goes to the political intent as perpetrated by Israeli's political leaders."
This analysis of intent marks a significant development from earlier ICJ proceedings, when "the International Court of Justice was looking at that issue early last year, it was unable to do so," according to Rothwell.
Obligations for Signatory Nations
The report directly addresses the responsibilities of countries that signed the Genocide Convention, including Australia, to take preventive action when genocide allegations arise.
"This report directly addresses the obligations of countries like Australia in terms of responding to this report because Australia is a party to the Genocide Convention and one of the obligations Australia has is to prevent genocide," Rothwell said.
The UN document specifically recommends that signatory nations consider implementing arms embargoes against Israel as part of their obligation to prevent genocide.
"The report directly states that state parties to the Genocide Convention should seek to prevent genocide and it directly addresses the question of arms embargoes being placed upon Israel," the professor said.
International Legal Framework
The Genocide Convention, adopted by the United Nations in 1948, defines genocide as acts committed with intent to destroy a national, ethnic, racial or religious group. Proving genocide requires demonstrating both that prohibited acts occurred and that perpetrators intended to destroy the targeted group.
The current conflict began after Hamas-led attacks on Israel on October 7, which killed approximately 1,200 Israelis and resulted in about 240 hostages being taken into Gaza. Israel's subsequent military response has resulted in thousands of Palestinian casualties, according to Gaza health authorities.
While the UN report carries significant moral and political weight, it does not have the same legal force as an ICJ ruling. However, legal experts expect it to influence both the ongoing ICJ proceedings and potential actions by individual nations.
The timing of the report's release comes as international pressure mounts on Israel over its conduct in Gaza, with several countries already implementing various forms of restrictions on military cooperation and arms sales.
Countries that are parties to the Genocide Convention now face pressure to demonstrate they are fulfilling their obligation to prevent genocide, potentially through diplomatic, economic or military measures.
The ICJ case filed by South Africa seeks a court declaration that Israel is violating the Genocide Convention and an order requiring Israel to cease its military operations in Gaza. A final ruling could take several years, but the court has the authority to issue interim measures requiring immediate action.
The UN report's findings represent the most comprehensive international legal analysis to date of whether Israel's actions in Gaza constitute genocide under international law, providing a framework that other judicial bodies and governments are likely to reference in future proceedings.
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