17]

ZIE NOOT 10

[18]

ARTIKEL ASTRID ESSED IN CIVIS MUNDI/”

ZWEEDSE FOTOGRAAF WINT WORLD PRESS PHOTO 2012
MISDADEN ISRAELISCHE POLITIEK IN BEELD GEBRACHT”

ZIE OOK

[15]

ZIE NOOT 1

[16]

ARTIKEL 33, 4E CONVENTIE VAN GENEVE, VERBIEDT COLLECTIEVE

STRAFFEN

  Individual responsibility, collective penalties, pillage, reprisals

ART. 33. — No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited.

[14]

 Het Israëlische leger heeft opnieuw zware aanvallen uitgevoerd in de Gazastrook. De aanvallen vormen de grootste schending van het staakt-het-vuren sinds het twee maanden geleden is ingegaan.”

[13]

”De Amerikaanse president Trump vindt dat er een nieuwe plek buiten Gaza gebouwd moet worden voor Palestijnen. Trump zei dat het gebied totaal is verwoest en herhaalde zijn oproep aan Jordanië, Egypte en andere landen om Gazanen op te nemen. Dat deed hij niet voor het eerst, maar dit keer zei hij dat er wat hem betreft geen tijdelijke opvangplek wordt gebouwd in die landen, maar een permanente plek.”

NOS

TRUMP WIL PALESTIJNEN VOORGOED WEG HEBBEN UIT GAZA EN HET GEBIED OVERNEMEN

5 FEBRUARI 2025

[11]

ZIE NOOT 6

[12]

ARTIKEL 7, STATUUT VAN ROME, KWALIFICEERT

ETNISCHE ZUIVERINGEN ALS MISDADEN TEGEN

DE MENSELIJKHEID

ZIE

ROME STATUTE

Article 7 Crimes against humanity

  1. For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

….

….

(d) Deportation or forcible transfer of population;

[10]

According to the 1977 Protocol II, “objects indispensable to the survival of the civilian population” are protected and attacks against them are prohibited.^[3]

The Rome Statute of the International Criminal Court includes starvation as a war crime when committed within an international armed conflict.

WIKIPEDIA

STARVATION (CRIME)

https://en.wikipedia.org/wiki/Starvation_(crime)#:~:text=According%20to%20the%201977%20Protocol,within%20an%20international%20armed%20conflict.

ARTICLE 14,  PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II), OF 8 JUNE 1977

Article 14 — Protection of objects indispensable to the survival of the civilian population Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas

for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works.

https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.35_AP-II-EN.pdf

HET STATUUT VAN ROME KWALIFICEERT UITHONGERING

ALS OORLOGSMISDAAD

ZIE

Article 8

War crimes

ROME STATUTE

https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf

Article 8 War crimes

1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

2. For the purpose of this Statute, “war crimes” means:

….

…..

xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

[9]

Volgens artikel 8, Statuut van Rome, is

het nemen van gijzelaars [taking of hostages] een

oorlogsmisdaad

ARTICLE 8, STATUTE OF ROME

Article 8

 War crimes 1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes. 2. For the purpose of this Statute, “war crimes” means:

(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(i) Wilful killing;

  (ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;

(viii) Taking of hostages.

….

…..

(ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

[8]

The Chamber found that the alleged conduct of Mr Netanyahu and Mr Gallant concerned the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza. It therefore concerned the relationship between two parties to an international armed conflict, as well as the relationship between an occupying power and the population in occupied territory. For these reasons, with regards to war crimes, the Chamber found it appropriate to issue the arrest warrants pursuant to the law of international armed conflict. The Chamber also found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.

ZIE VOOR GEHELE TEKST, NOOT 7

[7]

ZIE NOOT 6

INTERNATIONAL CRIMINAL COURT [ICC]

Situation in the State of Palestine: ICC Pre-Trial Chamber I rejects the State of Israel’s challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant

21 NOVEMBER 2024

Today, on 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (‘Court’), in its composition for the Situation in the State of Palestine, unanimously issued two decisions rejecting challenges by the State of Israel (‘Israel’) brought under articles 18 and 19 of the Rome Statute (the ‘Statute’). It also issued warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant.

Decisions on requests by the State of Israel

The Chamber ruled on two requests submitted by the Israel on 26 September 2024. In the first request, Israel challenged the Court’s jurisdiction over the Situation in the State of Palestine in general, and over Israeli nationals more specifically, on the basis of article 19(2) of the Statute. In the second request, Israel requested that the Chamber order the Prosecution to provide a new notification of the initiation of an investigation to its authorities under article 18(1) of the Statute. Israel also requested the Chamber to halt any proceedings before the Court in the relevant situation, including the consideration of the applications for warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant, submitted by the Prosecution on 20 May 2024.

As to the first challenge, the Chamber noted that the acceptance by Israel of the Court’s jurisdiction is not required, as the Court can exercise its jurisdiction on the basis of territorial jurisdiction of Palestine, as determined by Pre-Trial Chamber I in a previous composition. Furthermore, the Chamber considered that pursuant to article 19(1) of the Statute, States are not entitled to challenge the Court’s jurisdiction under article 19(2) prior to the issuance of a warrant of arrest. Thus Israel’s challenge is premature. This is without prejudice to any future possible challenges to the Court’s jurisdiction and/or admissibility of any particular case.

Decision on Israel’s challenge to the jurisdiction of the Court pursuant to article 19(2) of the Rome Statute

The Chamber also rejected Israel’s request under article 18(1) of the Statute. The Chamber recalled that the Prosecution notified Israel of the initiation of an investigation in 2021. At that time, despite a clarification request by the Prosecution, Israel elected not to pursue any request for deferral of the investigation. Further, the Chamber considered that the parameters of the investigation in the situation have remained the same and, as a consequence, no new notification to the State of Israel was required. In light of this, the judges found that there was no reason to halt the consideration of the applications for warrants of arrest.

Decision on Israel’s request for an order to the Prosecution to give an Article 18(1) notice

Warrants of arrest

The Chamber issued warrants of arrest for two individuals, Mr Benjamin Netanyahu and Mr Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest.

The arrest warrants are classified as ‘secret’, in order to protect witnesses and to safeguard the conduct of the investigations. However, the Chamber decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing. Moreover, the Chamber considers it to be in the interest of victims and their families that they are made aware of the warrants’ existence.

At the outset, the Chamber considered that the alleged conduct of Mr Netanyahu and Mr Gallant falls within the jurisdiction of the Court. The Chamber recalled that, in a previous composition, it already decided that the Court’s jurisdiction in the situation extended to Gaza and the West Bank, including East Jerusalem. Furthermore, the Chamber declined to use its discretionary proprio motu powers to determine the admissibility of the two cases at this stage. This is without prejudice to any determination as to the jurisdiction and admissibility of the cases at a later stage.

With regard to the crimes, the Chamber found reasonable grounds to believe that Mr Netanyahu, born on 21 October 1949, Prime Minister of Israel at the time of the relevant conduct, and Mr Gallant, born on 8 November 1958, Minister of Defence of Israel at the time of the alleged conduct, each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.

The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.

Alleged crimes

The Chamber found reasonable grounds to believe that during the relevant time, international humanitarian law related to international armed conflict between Israel and Palestine applied. This is because they are two High Contracting Parties to the 1949 Geneva Conventions and because Israel occupies at least parts of Palestine. The Chamber also found that the law related to non-international armed conflict applied to the fighting between Israel and Hamas. The Chamber found that the alleged conduct of Mr Netanyahu and Mr Gallant concerned the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza. It therefore concerned the relationship between two parties to an international armed conflict, as well as the relationship between an occupying power and the population in occupied territory. For these reasons, with regards to war crimes, the Chamber found it appropriate to issue the arrest warrants pursuant to the law of international armed conflict. The Chamber also found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.

The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024. This finding is based on the role of Mr Netanyahu and Mr Gallant in impeding humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means at its disposal. The Chamber found that their conduct led to the disruption of the ability of humanitarian organisations to provide food and other essential goods to the population in need in Gaza. The aforementioned restrictions together with cutting off electricity and reducing fuel supply also had a severe impact on the availability of water in Gaza and the ability of hospitals to provide medical care.

The Chamber also noted that decisions allowing or increasing humanitarian assistance into Gaza were often conditional. They were not made to fulfil Israel’s obligations under international humanitarian law or to ensure that the civilian population in Gaza would be adequately supplied with goods in need. In fact, they were a response to the pressure of the international community or requests by the United States of America. In any event, the increases in humanitarian assistance were not sufficient to improve the population’s access to essential goods.

Furthermore, the Chamber found reasonable grounds to believe that no clear military need or other justification under international humanitarian law could be identified for the restrictions placed on access for humanitarian relief operations. Despite warnings and appeals made by, inter alia, the UN Security Council, UN Secretary General, States, and governmental and civil society organisations about the humanitarian situation in Gaza, only minimal humanitarian assistance was authorised. In this regard, the Chamber considered the prolonged period of deprivation and Mr Netanyahu’s statement connecting the halt in the essential goods and humanitarian aid with the goals of war.

The Chamber therefore found reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility for the war crime of starvation as a method of warfare.

The Chamber found that there are reasonable grounds to believe that the lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children due to malnutrition and dehydration. On the basis of material presented by the Prosecution covering the period until 20 May 2024, the Chamber could not determine that all elements of the crime against humanity of extermination were met. However, the Chamber did find that there are reasonable grounds to believe that the crime against humanity of murder was committed in relation to these victims.

In addition, by intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anaesthetics and anaesthesia machines, the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment. Doctors were forced to operate on wounded persons and carry out amputations, including on children, without anaesthetics, and/or were forced to use inadequate and unsafe means to sedate patients, causing these persons extreme pain and suffering. This amounts to the crime against humanity of other inhumane acts.

The Chamber also found reasonable grounds to believe that the abovementioned conduct deprived a significant portion of the civilian population in Gaza of their fundamental rights, including the rights to life and health, and that the population was targeted based on political and/or national grounds. It therefore found that the crime against humanity of persecution was committed.

Finally, the Chamber assessed that there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza. In this regard, the Chamber found that the material provided by the Prosecution only allowed it to make findings on two incidents that qualified as attacks that were intentionally directed against civilians. Reasonable grounds to believe exist that Mr Netanyahu and Mr Gallant, despite having measures available to them to prevent or repress the commission of crimes or ensure the submittal of the matter to the competent authorities, failed to do so.

Background

On 1 January 2015, The State of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting jurisdiction of the Court since 13 June 2014.

On 2 January 2015, The State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for The State of Palestine on 1 April 2015.

On 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, The State of Palestine referred to the Prosecutor the Situation since 13 June 2014, with no end date.

On 3 March 2021, the Prosecutor announced the opening of the investigation into the Situation in the State of Palestine. This followed Pre-Trial Chamber I’s decision on 5 February 2021 that the Court could exercise its criminal jurisdiction in the Situation and, by majority, that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem.

On 17 November 2023, the Office of the Prosecutor received a further referral of the Situation in the State of Palestine, from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, and on 18 January 2024, the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine.

---

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int

You can also follow the Court’s activities on Twitter, Facebook, Tumblr, YouTube, Instagram and Flickr

[6]

ZIE OOK NOOT 2

WIKIPEDIA

BLOCKADE OF THE GAZA STRIP

https://en.wikipedia.org/wiki/Blockade_of_the_Gaza_Strip

RAPPORT BTSELEM

BTSELEM.ORG

OUR GENOCIDE

JULY 2025

https://www.btselem.org/sites/default/files/publications/202507_our_genocide_eng.pdf

BTSELEM.ORG

OUR GENOCIDE

https://www.btselem.org/publications/202507_our_genocide

Since October 2023, Israel has shifted its policy toward the Palestinians. Its military onslaught on Gaza, underway for more than 21 months, has included mass killing, both directly and through creating unlivable conditions, serious bodily or mental harm to an entire population, decimation of basic infrastructure throughout the Strip, and forcible displacement on a huge scale, with ethnic cleansing added to the list of official war objectives.

This is compounded by mass arrests and abuse of Palestinians in Israeli prisons, which have effectively become torture camps, and tearing apart the social fabric of Gaza, including the destruction of Palestinian educational and cultural institutions. The campaign is also an assault on Palestinian identity itself, through the deliberate destruction of refugee camps and attempts to undermine the United Nations Relief and Works Agency for Palestine Refugees (UNRWA).

An examination of Israel’s policy in the Gaza Strip and its horrific outcomes, together with statements by senior Israeli politicians and military commanders about the goals of the attack, leads to the unequivocal conclusion that Israel is taking coordinated, deliberate action to destroy Palestinian society in the Gaza Strip. In other words: Israel is committing genocide against the Palestinians in the Gaza Strip. 

The term genocide refers to a socio-historical and political phenomenon involving acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group. Both morally and legally, genocide cannot be justified under any circumstance, including as an act of self-defense.

Genocide always occurs within a context: there are conditions that enable it, triggering events, and a guiding ideology. The current onslaught on the Palestinian people, including in the Gaza Strip, must be understood in the context of more than seventy years in which Israel has imposed a violent and discriminatory regime on the Palestinians, taking its most extreme form against those living in the Gaza Strip. Since the State of Israel was established, the apartheid and occupation regime has institutionalized and systematically employed mechanisms of violent control, demographic engineering, discrimination, and fragmentation of the Palestinian collective. These foundations laid by the regime are what made it possible to launch a genocidal attack on the Palestinians immediately after the Hamas-led attack on 7 October 2023.

The assault on Palestinians in Gaza cannot be separated from the escalating violence being inflicted, at varying levels and in different forms, on Palestinians living under Israeli rule in the West Bank and within Israel. The violence and destruction in these areas is intensifying over time, with no effective domestic or international mechanism acting to halt them. We warn of the clear and present danger that the genocide will not remain confined to the Gaza Strip, and that the actions and underlying mindset driving it may be extended to other areas as well. 

The recognition that the Israeli regime is committing genocide in the Gaza Strip, and the deep concern that it may expand to other areas where Palestinians live under Israeli rule, demand urgent and unequivocal action from both Israeli society and the international community, and use of every means available under international law to stop Israel’s genocide against the Palestinian people. 

END

AMNESTY INTERNATIONAL INVESTIGATION CONCLUDES ISRAEL

IS COMMITTING GENOCIDE AGAINST PALESTINIANS IN GAZA

 

5 DECEMBER 2024

https://www.amnesty.org/en/latest/news/2024/12/amnesty-international-concludes-israel-is-committing-genocide-against-palestinians-in-gaza/

Amnesty International’s research has found sufficient basis to conclude that Israel has committed and is continuing to commit genocide against Palestinians in the occupied Gaza Strip, the organization said in a landmark new report published today.

The report, ‘You Feel Like You Are Subhuman’: Israel’s Genocide Against Palestinians in Gaza, documents how, during its military offensive launched in the wake of the deadly Hamas-led attacks in southern Israel on 7 October 2023, Israel has unleashed hell and destruction on Palestinians in Gaza brazenly, continuously and with total impunity.

“Amnesty International’s report demonstrates that Israel has carried out acts prohibited under the Genocide Convention, with the specific intent to destroy Palestinians in Gaza. These acts include killings, causing serious bodily or mental harm and deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction. Month after month, Israel has treated Palestinians in Gaza as a subhuman group unworthy of human rights and dignity, demonstrating its intent to physically destroy them,” said Agnès Callamard, Secretary General of Amnesty International.

“Our damning findings must serve as a wake-up call to the international community: this is genocide. It must stop now.

“States that continue to transfer arms to Israel at this time must know they are violating their obligation to prevent genocide and are at risk of becoming complicit in genocide. All states with influence over Israel, particularly key arms suppliers like the USA and Germany, but also other EU member states, the UK and others, must act now to bring Israel’s atrocities against Palestinians in Gaza to an immediate end.”

Over the past two months the crisis has grown particularly acute in the North Gaza governorate, where a besieged population is facing starvation, displacement and annihilation amid relentless bombardment and suffocating restrictions on life-saving humanitarian aid.

“Our research reveals that, for months, Israel has persisted in committing genocidal acts, fully aware of the irreparable harm it was inflicting on Palestinians in Gaza. It continued to do so in defiance of countless warnings about the catastrophic humanitarian situation and of legally binding decisions from the International Court of Justice (ICJ) ordering Israel to take immediate measures to enable the provision of humanitarian assistance to civilians in Gaza,” said Agnès Callamard.

“Israel has repeatedly argued that its actions in Gaza are lawful and can be justified by its military goal to eradicate Hamas. But genocidal intent can co-exist alongside military goals and does not need to be Israel’s sole intent.”

Amnesty International examined Israel’s acts in Gaza closely and in their totality, taking into account their recurrence and simultaneous occurrence, and both their immediate impact and their cumulative and mutually reinforcing consequences. The organization considered the scale and severity of the casualties and destruction over time. It also analysed public statements by officials, finding that prohibited acts were often announced or called for in the first place by high-level officials in charge of the war efforts.

“Taking into account the pre-existing context of dispossession, apartheid and unlawful military occupation in which these acts have been committed, we could find only one reasonable conclusion: Israel’s intent is the physical destruction of Palestinians in Gaza, whether in parallel with, or as a means to achieve, its military goal of destroying Hamas,” said Agnès Callamard.

“The atrocity crimes committed on 7 October 2023 by Hamas and other armed groups against Israelis and victims of other nationalities, including deliberate mass killings and hostage-taking, can never justify Israel’s genocide against Palestinians in Gaza.”

International jurisprudence recognizes that the perpetrator does not need to succeed in their attempts to destroy the protected group, either in whole or in part, for genocide to have been committed. The commission of prohibited acts with the intent to destroy the group, as such, is sufficient.

Amnesty International’s report examines in detail Israel’s violations in Gaza over nine months between 7 October 2023 and early July 2024. The organization interviewed 212 people, including Palestinian victims and witnesses, local authorities in Gaza, healthcare workers, conducted fieldwork and analysed an extensive range of visual and digital evidence, including satellite imagery. It also analysed statements by senior Israeli government and military officials, and official Israeli bodies. On multiple occasions, the organization shared its findings with the Israeli authorities but had received no substantive response at the time of publication.

Unprecedented scale and magnitude

Israel’s actions following Hamas’s deadly attacks on 7 October 2023 have brought Gaza’s population to the brink of collapse. Its brutal military offensive had killed more than 42,000 Palestinians, including over 13,300 children, and injured over 97,000 more, by 7 October 2024, many of them in direct or deliberately indiscriminate attacks, often wiping out entire multigenerational families. It has caused unprecedented destruction, which experts say occurred at a level and speed not seen in any other conflict in the 21st century, levelling entire cities and destroying critical infrastructure, agricultural land and cultural and religious sites. It thereby rendered large swathes of Gaza uninhabitable.

Mohammed, who fled with his family from Gaza City to Rafah in March 2024 and was displaced again in May 2024, described their struggle to survive in horrifying conditions:

“Here in Deir al-Balah, it’s like an apocalypse… You have to protect your children from insects, from the heat, and there is no clean water, no toilets, all while the bombing never stops. You feel like you are subhuman here.”

Israel imposed conditions of life in Gaza that created a deadly mixture of malnutrition, hunger and diseases, and exposed Palestinians to a slow, calculated death. Israel also subjected hundreds of Palestinians from Gaza to incommunicado detention, torture and other ill-treatment.

Viewed in isolation, some of the acts investigated by Amnesty International constitute serious violations of international humanitarian law or international human rights law. But in looking at the broader picture of Israel’s military campaign and the cumulative impact of its policies and acts, genocidal intent is the only reasonable conclusion.

Intent to destroy

To establish Israel’s specific intent to physically destroy Palestinians in Gaza, as such, Amnesty International analysed the overall pattern of Israel’s conduct in Gaza, reviewed dehumanizing and genocidal statements by Israeli government and military officials, particularly those at the highest levels, and considered the context of Israel’s system of apartheid, its inhumane blockade of Gaza and the unlawful 57-year-old military occupation of the Palestinian territory.

Before reaching its conclusion, Amnesty International examined Israel’s claims that its military lawfully targeted Hamas and other armed groups throughout Gaza, and that the resulting unprecedented destruction and denial of aid were the outcome of unlawful conduct by Hamas and other armed groups, such as locating fighters among the civilian population or the diversion of aid. The organization concluded these claims are not credible. The presence of Hamas fighters near or within a densely populated area does not absolve Israel from its obligations to take all feasible precautions to spare civilians and avoid indiscriminate or disproportionate attacks. Its research found Israel repeatedly failed to do so, committing multiple crimes under international law for which there can be no justification based on Hamas’s actions. Amnesty International also found no evidence that the diversion of aid could explain Israel’s extreme and deliberate restrictions on life-saving humanitarian aid.

In its analysis, the organization also considered alternative arguments such as ones that Israel was acting recklessly or that it simply wanted to destroy Hamas and did not care if it needed to destroy Palestinians in the process, demonstrating a callous disregard for their lives rather than genocidal intent.

However, regardless of whether Israel sees the destruction of Palestinians as instrumental to destroying Hamas or as an acceptable by-product of this goal, this view of Palestinians as disposable and not worthy of consideration is in itself evidence of genocidal intent.

Many of the unlawful acts documented by Amnesty International were preceded by officials urging their implementation. The organization reviewed 102 statements that were issued by Israeli government and military officials and others between 7 October 2023 and 30 June 2024 and dehumanized Palestinians, called for or justified genocidal acts or other crimes against them.

Of these, Amnesty International identified 22 statements made by senior officials in charge of managing the offensive that appeared to call for, or justify, genocidal acts, providing direct evidence of genocidal intent. This language was frequently replicated, including by Israeli soldiers on the ground, as evidenced by audiovisual content verified by Amnesty International showing soldiers making calls to “erase” Gaza or to make it uninhabitable, and celebrating the destruction of Palestinian homes, mosques, schools and universities.

Killing and causing serious bodily or mental harm

Amnesty International documented the genocidal acts of killing and causing serious mental and bodily harm to Palestinians in Gaza by reviewing the results of investigations it conducted into 15 air strikes between 7 October 2023 and 20 April 2024 that killed at least 334 civilians, including 141 children, and wounded hundreds of others. Amnesty International found no evidence that any of these strikes were directed at a military objective.

In one illustrative case, on 20 April 2024, an Israeli air strike destroyed the Abdelal family house in the Al-Jneinah neighbourhood in eastern Rafah, killing three generations of Palestinians, including 16 children, while they were sleeping.

While these represent just a fraction of Israel’s aerial attacks, they are indicative of a broader pattern of repeated direct attacks on civilians and civilian objects or deliberately indiscriminate attacks. The attacks were also conducted in ways designed to cause a very high number of fatalities and injuries among the civilian population.

Inflicting conditions of life calculated to bring about physical destruction

The report documents how Israel deliberately inflicted conditions of life on Palestinians in Gaza intended to lead, over time, to their destruction. These conditions were imposed through three simultaneous patterns that repeatedly compounded the effect of each other’s devastating impacts: damage to and destruction of life-sustaining infrastructure and other objects indispensable to the survival of the civilian population; the repeated use of sweeping, arbitrary and confusing mass “evacuation” orders to forcibly displace almost all of Gaza’s population; and the denial and obstruction of the delivery of essential services, humanitarian assistance and other life-saving supplies into and within Gaza.

After 7 October 2023, Israel imposed a total siege on Gaza cutting off electricity, water and fuel. In the nine months reviewed for this report, Israel maintained a suffocating, unlawful blockade, tightly controlled access to energy sources, failed to facilitate meaningful humanitarian access within Gaza,  and obstructed the import and delivery of life-saving goods and humanitarian aid, particularly to areas north of Wadi Gaza. They thereby exacerbated an already existing humanitarian crisis. This, combined with the extensive damage to Gaza’s homes, hospitals, water and sanitation facilities and agricultural land, and mass forced displacement, caused catastrophic levels of hunger and led to the spread of diseases at alarming rates. The impact was especially harsh on young children and pregnant or breastfeeding women, with anticipated long-term consequences for their health.

Time and again, Israel had the chance to improve the humanitarian situation in Gaza, yet for over a year it has repeatedly refused to take steps blatantly within its power to do so, such as opening sufficient access points to Gaza or lifting tight restrictions on what could enter the Strip  or their obstruction of aid deliveries within Gaza while the situation has grown progressively worse.

Through its repeated “evacuation” orders Israel displaced nearly 1.9 million Palestinians – 90% of Gaza’s population – into ever-shrinking, unsafe pockets of land under inhumane conditions, some of them up to 10 times. These multiple waves of forced displacement left many jobless and deeply traumatized, especially since some 70% of Gaza’s residents are refugees or descendants of refugees whose towns and villages were ethnically cleansed by Israel during the 1948 Nakba.

Despite conditions quickly becoming unfit for human life, Israeli authorities refused to consider measures that would have protected displaced civilians and ensured their basic needs were met, showing that their actions were deliberate.

They refused to allow those displaced to return to their homes in northern Gaza or relocate temporarily to other parts of the Occupied Palestinian Territory or Israel, continuing to deny many Palestinians their right to return under international law to areas they were displaced from in 1948. They did so knowing that there was nowhere safe for Palestinians in Gaza to flee to.

Accountability for genocide

“The international community’s seismic, shameful failure for over a year to press Israel to end its atrocities in Gaza, by first delaying calls for a ceasefire and then continuing arms transfers, is and will remain a stain on our collective conscience,” said Agnès Callamard.

“Governments must stop pretending they are powerless to end this genocide, which was enabled by decades of impunity for Israel’s violations of international law. States need to move beyond mere expressions of regret or dismay and take strong and sustained international action, however uncomfortable a finding of genocide may be for some of Israel’s allies.

“The International Criminal Court’s (ICC) arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity issued last month offer real hope of long-overdue justice for victims. States must demonstrate their respect for the court’s decision and for universal international law principles by arresting and handing over those wanted by the ICC.

“We are calling on the Office of the Prosecutor of the International Criminal Court (ICC) to urgently consider adding genocide to the list of crimes it is investigating and for all states to use every legal avenue to bring perpetrators to justice. No one should be allowed to commit genocide and remain unpunished.”

Amnesty International is also calling for all civilian hostages to be released unconditionally and for Hamas and other Palestinian armed groups responsible for the crimes committed on 7 October to be held to account.

The organization is also calling for the UN Security Council to impose targeted sanctions against Israeli and Hamas officials most implicated in crimes under international law.

Background

On 7 October 2023 Hamas and other armed groups indiscriminately fired rockets into southern Israel and carried out deliberate mass killings and hostage-taking there, killing 1,200 people, including over 800 civilians, and abducted 223 civilians and captured 27 soldiers. The crimes perpetrated by Hamas and other armed groups during this attack will be the focus of a forthcoming Amnesty International report.

Since October 2023, Amnesty International has conducted in-depth investigations into the multiple violations and crimes under international law committed by Israeli forces, including direct attacks on civilians and civilian objects and deliberately indiscriminate attacks killing hundreds of civilians, as well as other unlawful attacks on and collective punishment of the civilian population. The organization has called on the Office of the ICC Prosecutor to expedite its investigation into the situation in the State of Palestine and is campaigning for an immediate ceasefire.

END

RAPPORT

AMNESTY INTERNATIONAL

ISRAEL/OCCUPIED PALESTINIAN TERRITORY:

”YOU FEEL YOU ARE SUBHUMAN”:

ISRAEL’S GENOCIDE AGAINST PALESTINIANS IN GAZA

5 DECEMBER 2024

https://www.amnesty.org/en/documents/mde15/8668/2024/en/