War crimes, crimes against humanity, genocide: the accusations are multiplying in step with the attacks carried out against civilians by Israel and Hamas since October 7. Are these accusations founded? We take stock with the professor of humanitarian law at Laval University, Julia Grignon.
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The situation in Gaza
No fewer than 8,000 people, mostly women and children, have died in the bombings that have rocked the Gaza Strip for 23 days. The toll risks increasing considerably, as the Israeli army advances in the Palestinian enclave, supported by strikes of unprecedented scale.
Due to the lack of water, food and other basic necessities, the living conditions of Gazans continue to deteriorate, deplore humanitarian organizations on the ground. The aid is insufficient, despite the thirty trucks which were able to enter the Palestinian enclave on Sunday. The UN agency for Palestinian refugees denounces a “collective punishment” imposed by the Jewish state on the Palestinian people.
Added to this toll are 1,400 Israeli victims, in addition to some 200 hostages still held by Hamas.
Crimes that can be intertwined
Hostage-taking, killings of civilians, bombardment of civilian institutions, total siege and other collective punishments: the war taking place in Gaza is characterized by a multiplication of acts which contravene international law, Julia emphasizes from the outset Grignon.
In international law, crimes are classified into four broad categories, including war crimes, crimes against humanity and genocide.
“The category does not detract from the abominable nature and seriousness of the crimes committed,” insists the professor of humanitarian law, who adds that none of these crimes is more or less serious than the other.
If these categories can be confusing, it is in particular because the same crime can correspond to more than one definition.
“The murder of a civilian committed in the context of armed conflict is a war crime. If, in addition, it is committed as part of organized and systematic attacks on a civilian population, then it will also be a crime against humanity. If, in addition, it is a murder committed with the aim of destroying a specific group, then it can be committed as part of a genocide,” she specifies.
AFP
Image of an explosion in Gaza.
Genocide
To speak of genocide, attacks must be carried out with “the intention to destroy, in whole or in part, a national, ethnic, racial or religious group”, recalls Julia Grignon. The actions committed must be motivated by a precise desire for extermination and supported by a systemic aspect.
Genocidaires can use various techniques: the murder of members of the targeted group, the serious attack on their physical and/or mental integrity and the intentional subjection of the group to conditions which risk leading to its total or partial physical destruction, such as famine. Actions aimed at preventing births and the transfer of children to another group are also genocidal actions.
AFP
A woman and two children in front of a destroyed building in Gaza.
Once we know all this, is Israel committing genocide in Gaza? Does Hamas have genocidal intentions towards Israel’s Jews?
Experts are cautious.
It is the International Criminal Court (ICC) that has the mandate to officially qualify atrocities committed during conflicts in light of the evidence collected, mentions Julia Grignon.
“It is the judge who makes this type of qualification and genocide must be handled with great caution. We cannot talk about genocide in a nutshell,” she points out.
Last week, however, 800 academics in international law, genocide studies and conflict studies sounded the alarm. They worry that genocide could be committed in Gaza. “We do not issue this warning lightly. We recognize the weight of this crime, but the seriousness of the situation demands it,” they write.
War crime
According to the UN, a war crime is an illegal action or series of actions that intentionally violate the rules established by international law to protect civilians during armed conflict. These crimes are set out in several treaties, including the Geneva Conventions, the Hague Conventions and the Rome Statute.
War crimes can be divided into several categories. There are those targeting people who need protection, such as the wounded or civilians, those targeting humanitarian efforts or peacekeeping operations, and those targeting protected locations like hospitals and schools.
Prohibited acts of violence such as mutilation, torture or hostage-taking also constitute war crimes.
On October 10, the UN Commission of Inquiry said it was working to collect evidence of war crimes committed by Hamas and Israel.
Amnesty International is also calling for an investigation into the alleged use by Israel of white phosphorus in the town of Dhayra on October 16 in South Lebanon. In a statement released Tuesday, Amnesty International said it could be a war crime given that the attack was carried out indiscriminately and injured at least nine civilians, in addition to causing damage. The use of white phosphorus, an incendiary weapon, is restricted under international humanitarian law.
In 2021, the ICC also opened an investigation into war crimes potentially committed by Israel during the war that broke out in Gaza in 2014 and another into the colonization of the occupied Palestinian territories.
Israel is not a member of the ICC and accuses it of “anti-Semitism”.
Crimes against humanity
Unlike war crimes, crimes against humanity do not have to be committed in the context of armed conflict. They can occur in peacetime, but in the context of widespread and systematic attacks against a specific civilian population.
The treatment of women under Taliban rule is an example of a crime against humanity that is not committed in the context of armed conflict.
Crimes against humanity can take the form of slavery, apartheid, deportation of populations, sexual violence, torture, imprisonment, forced disappearances or even bombing against civilians or civilian infrastructure.
The major difference with genocides and war crimes is that they are not defined and codified in a specific international law treaty. The ICC nevertheless considers them to be among the most serious crimes.