by Arsen Ostrovsky, John Spencer
Despite repeated accusations, Israel’s actions in Gaza do not meet the legal definition of genocide and reflect self-defense, not intent to destroy a people.
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As day follows night, recycled accusations of “genocide” are once again being directed at Israel by activists who present themselves as scholars.
This time, the charge comes from the International Association of Genocide Scholars (IAGS), a group that appears more concerned with ideology than with preserving academic standards.
Although we come from different professional backgrounds, one being a human rights lawyer and the other a military expert, we both reach the same clear conclusion. Israel is not committing genocide in the Gaza Strip.
We have each spent years working in international law and military affairs. Together, we have visited Gaza, led soldiers in combat, interviewed commanders and troops, toured aid distribution centers and reviewed military orders. Based on this experience, the claim of genocide is not only inaccurate. It distorts the truth and plays directly into the hands of Hamas.
The IAGS resolution itself demonstrates how weak the accusation is. Fewer than 20 percent of members voted for it. Anyone can join the group by paying a 30-dollar fee, and no academic qualifications are required. Some registered members use parody names, including “Mo Cookie,” “Emperor Palpatine,” and “Adolf Hitler of Gaza City.” The fact that such unserious processes can lead to a formal accusation should render the resolution meaningless. Even so, the media and public figures around the world have rushed to repeat the claim.
Nothing we have seen in Gaza meets this legal standard. The fighting is severe and tragic. However, it is a war that Israel is conducting in self-defense and in line with the laws of armed conflict. Hamas carried out the most lethal massacre of Jews since the Holocaust on October 7, 2023, and its leaders have promised to repeat the attack again and again. The group also continues to hold dozens of hostages.
Israel has never aimed to eliminate the Palestinian population. Its objective is to dismantle the military and governing structure of Hamas, to prevent future attacks, and to return the hostages safely. Israeli officials have consistently explained that the war is being fought against Hamas and not against the people of Gaza. These statements have been repeated multiple times but are often dismissed by critics without serious engagement.
Hardships of war don't equate to genocide
Since there is no evidence of genocidal intent, those making the accusation focus instead on the effects of the war. They point to civilian deaths, damaged infrastructure, and humanitarian needs. They argue that these outcomes prove genocide. But that is not how international law works. If damage and suffering were enough to establish genocide, then almost every war in history would qualify. Such reasoning empties the word of meaning.The suffering of civilians in Gaza is real. The primary cause is Hamas, which deliberately places weapons and fighters in homes, schools, hospitals and mosques. This use of civilians as shields is a direct violation of international law and it shapes the nature of combat in urban areas.
Israel, in contrast, has taken extensive measures to reduce harm to civilians. These steps include early warnings, phone calls, leaflet drops, humanitarian corridors and cancellation of air strikes when civilians are identified in the target area.
At the same time, Israel has facilitated a large volume of humanitarian assistance. More than two million tons of supplies have entered Gaza since October 7. These include food, medicine, fuel and clean water. Israeli authorities have helped vaccinate children in Gaza, deliver medical equipment, restore water systems and enable the delivery of fuel to hospitals.
All of this has taken place while Hamas continues to fire rockets, govern territory and hold hostages. No modern military conflict offers a similar example of humanitarian access under these conditions.
On the battlefield, Israel has exercised restraint. The Israel Defense Forces have used guided weapons, cancelled attacks when civilians were nearby and deployed ground forces at great risk to their own soldiers in order to avoid civilian casualties. These actions contradict any suggestion of genocidal intent.
Real genocides involve the systematic destruction of a people. These crimes occurred in Rwanda in 1994, in Srebrenica in 1995, in Darfur in the early 2000s and during the campaign of the Islamic State against the Yazidi community. Suggesting that Gaza belongs in the same category is both inaccurate and disrespectful to the victims of those atrocities.
Using the word “genocide” as a political weapon is not a harmless act. It is part of a wider campaign of legal and political warfare designed to isolate Israel and protect Hamas from scrutiny. When the most serious crime in international law is wrongly applied to Israel, it weakens trust in international institutions and provides cover for those who have actually declared their aim to destroy.
Words matter. So does law. Genocide is not a term to be used carelessly. Misusing it in this context dishonors the victims of real genocide and undermines the legal structures that exist to protect vulnerable populations around the world.
Arsen Ostrovsky is an Israeli-based human rights lawyer, CEO of the International Legal Forum, and a senior fellow at the Misgav Institute for National Security.
John Spencer is the executive director of the Urban Warfare Institute and co-author of Understanding Urban Warfare.
Arsen Ostrovsky, John Spencer
Source: https://www.jpost.com/opinion/article-866434
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