Israel is accused of the gravest war crimes in Gaza

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Distinguished lawyers, senior humanitarians and diplomats tell Jeremy Bowen why they are increasingly concerned about the catastrophe inside Gaza

South Africa based much of its genocide case against Israel on inflammatory language used by Israeli leaders. One example was the biblical reference Netanyahu used when Israel sent troops into Gaza, comparing Hamas to Amalek. In the Bible God commands the Israelites to destroy their persecutors, the Amalekites.

Another was Defence Minister Yoav Gallant's declaration just after the Hamas attacks when he ordered a complete siege on the Gaza Strip: "There will be no electricity, no food, no fuel, everything is closed. We are fighting human animals and we act accordingly."

Ralph Wilde, UCL professor of law, also believes there is proof of genocide. "Unfortunately, yes, and there is now no doubt legally as to that, and indeed that has been the case for some time."

He points out that an advisory opinion of the ICJ has already determined that Israel's presence in Gaza and the West Bank was illegal. Prof Wilde compares Western governments' responses to the war in Gaza to Russia's full-scale invasion of Ukraine in 2022.

"There has been no court decision as to the illegality of Russia's action in Ukraine. Nonetheless, states have found it possible already to make public proclamations determining the illegality of that action. There is nothing stopping them doing that in this case.

"And so, if they are suggesting that they are going to wait, the question to ask them is, why are you waiting for a court to tell you what you already know?"

Helena Kennedy KC is "very anxious about the casual use of the word genocide and I avoid it myself because I do think that there has to be a very high level in law, a very level of intent necessary to prove it".

"Are we saying that it's not genocide but it is crimes against humanity? You think that makes it sound okay? Terrible crimes against humanity? I think we're in the process of seeing the most grievous kind of crimes taking place.

"I do think we're on a trajectory that could very easily be towards genocide, and as a lawyer I think that there's certainly an argument that is being made strongly for that."

Baroness Kennedy says her advice to the British government if it was asked for would be, "We've got to be very careful about being complicit in grievous crimes ourselves."

Source: BBC.

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