Israel Is Committing Genocide
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Israel is Committing Genocide

1. International Laws and Regulations

Israel, through the actions of Ministers Bezalel Smotrich, Israel Katz, Yoav Gallant, and the Israel Defense Forces (IDF), is violating multiple international laws and regulations by blocking humanitarian aid into Gaza.
These violations include:

These actions collectively breach obligations to protect civilian lives during armed conflict, exposing Israel, its ministers, and the IDF to legal accountability.

2. Actus Reus and Mens Rea for Genocide

The statements and actions of these ministers, combined with the IDF’s conduct, establish both actus reus and mens rea for genocide under Article II of the UN Genocide Convention (1948) and Article 6 of the Rome Statute:

This dual fulfillment of actus reus and mens rea provides a robust legal basis for charging Israel and these officials with genocide.

3. Responsibility to Protect (R2P) Demands Action

The Responsibility to Protect (R2P), enshrined in the UN Charter (2005 World Summit Outcome, paragraphs 138-139), IHL, and international law, obligates the UN and individual states to act when a population faces genocide, war crimes, or crimes against humanity. The R2P framework mandates:

Failure to act violates the global commitment to R2P, placing the onus on the international community to safeguard Palestinian civilians.

4. ICJ Provisional Measures and UNSC/UNGA Duty

The International Court of Justice (ICJ) issued provisional measures on January 26, 2024, and subsequent orders in 2024, mandating Israel to prevent genocide in Gaza, including ensuring humanitarian aid access. Israel’s non-compliance, evidenced by the ministers’ statements and the IDF’s continued blockade, constitutes a direct violation. Under the UN Charter (Article 94(2)), the UN Security Council (UNSC) is duty-bound to enforce ICJ rulings.
However, if the U.S. veto paralyzes the UNSC, Resolution 377A(V) ("Uniting for Peace") transfers this responsibility to the UN General Assembly (UNGA).
This legal framework compels action to compel Israel’s adherence to international law.

5. UNGA’s Urgent Role Under ES-10

The UNGA must urgently reconvene under Emergency Special Session 10 (ES-10), where Resolution 377 is already in place, to recommend measures to protect Gaza’s civilians and prevent a holocaust. The escalating famine, with NGOs declaring a manmade catastrophe, mirrors historical atrocities, necessitating decisive action. The UNGA should impose sanctions on Israel, sever diplomatic ties with offending officials, and authorize a coalition of willing states to use military force if needed to ensure aid delivery and halt the genocide, fulfilling its mandate to maintain peace and protect human rights.

6. ICC Arrest Warrants for Smotrich and Katz

The International Criminal Court (ICC) issued arrest warrants for Benjamin Netanyahu and Yoav Gallant on November 21, 2024, for war crimes, including "starvation as a method of warfare". Given the identical genocidal intent and acts by Smotrich and Katz—blocking aid with intent to destroy Palestinians—the ICC must urgently issue arrest warrants for them. Their public statements and the resulting famine provide sufficient evidence under Article 6 of the Rome Statute, ensuring accountability alongside their co-conspirators.

Conclusion

The international community cannot remain idle. Israel’s violations, the ministers’ genocidal intent, and the IDF’s actions demand UNSC enforcement of ICJ measures, UNGA action under ES-10, and ICC prosecution of Smotrich and Katz to prevent a preventable catastrophe.

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