Myth
Israel commits genocide and ethnic cleansing of Palestinians.
Putting it in Context
By Alessandro Verdoliva
Fact:
In order for the crime of “genocide” against the extermination of an ethnic group to be established erga omnes, it is necessary for it to be accompanied by the systematic nature of both the objective and subjective elements. The mere actus reus, without such conditions of systematic character, no matter how devastating and of inhuman magnitude, does not constitute genocide equally – otherwise, every humanitarian catastrophe would automatically be considered genocide.
The subjective element consists of the explicit will, i.e., dolus specialis, to annihilate an ethnic group. However, it must be presupposed that such a definition would require the existence of a distinct Palestinian ethnic group from other Arab ethnicities, distinguished by language, culture, religion, customs – a matter that is yet to be demonstrated and not yet demonstrated. Therefore, assuming that Palestinians are an ethnically distinct group from other Arabs, there should be a set of policies and laws that aim and legitimize the government or armed forces to deliberately target civilians, solely Palestinians, with the explicit intent of annihilating them as Palestinians.
The objective element consists of actual extermination, as a consequence of the specific will (dolus specialis). However, it continues to be unexplained the existence of 2 million Arabs in Israel, perfectly citizens like everyone else. The Palestinian population, inside and outside Israel, has increased, not decreased, over the last century. If this is meant to be genocide, then it can be confidently supposed that Israelis are the worst genociders in history.
Both these elements must be systematic, they must coexist at the moment and in direct causality with the actus reus. This is fundamental because, as mentioned earlier, in the absence of such a distinction, any war would be genocide, and even any humanitarian catastrophe could be classified as genocide. For instance, if by hypothesis, American nuclear devices stationed in Ghedi were to detonate erroneously, decimating the Italian population, no matter how serious and monstrous the event, it could not be called genocide against Italians. Just as the Allied advance into Nazi Germany cannot be classified as genocide.
Raphael Lemkin, the jurist who coined the term “Genocide,” was fully aware of the devastating impact that such a crime erga omnes could bring, which is why it is a very weighty, very specific term that must be used with care and consideration. Despite the Palestinian instances over the years accustomed us to the instrumental use of international law and humanitarian law, we must always remember that at least the Genocide Convention must be protected, without making it a public mockery by questionable parties like those in South Africa.
Key Points
- Accusation of Genocide:
- Claim: Israel commits genocide against Palestinians.
- Counterarguments:
- Genocide requires intent and systematic extermination, which is not evident in Israel’s actions.
- The Palestinian population has increased over time, contrary to genocide claims.
- International law distinguishes between genocide and other forms of violence or humanitarian crises.
