Amnesty International is now the first major international human rights organization to accuse Israel of genocide in Gaza. However, it’s an accusation that lawyers consider one of the most difficult to prosecute.
Doing so requires proof the defendants committed the acts with intent to destroy a group, in whole or in part.
Israel and the United States both deny that Israel’s actions constitute genocide. Israel initially launched its offensive after the Hamas attacks on Oct. 7, 2023, when fighters killed nearly 1,200 people in Israel.
Amnesty International published a nearly 300-page report detailing the evidence it reviewed before making the accusation. It’s based on nine months of reporting and research, including interviews with more than 200 people on the ground. They say Israel did not provide substantive answers to letters the organization sent over the span of nearly a year.
Amnesty International reviewed 15 Israeli air strikes on civilian targets that killed more than 300 people. They found no evidence Israel was aiming to achieve any military goal with those strikes. Amnesty International said that “they are indicative of a pattern of repeated direct or indiscriminate attacks by the Israeli military in Gaza.”
The report found Israel responsible for food scarcity and the spread of diseases, including hepatitis A and polio, in Gaza, concluding that it proved intent on destroying the Palestinians.
They based their conclusion on Israel’s attacks on civilian infrastructure in Gaza, its repeated orders forcing hundreds of thousands of people out of the areas where they live, and the Israeli government blocking aid from moving into and across Gaza.
Amnesty International cites statements from some of Israel’s top officials as proof of intent on Israel’s part. That includes Israel’s Prime Minister Benjamin Netanyahu and Finance Minister Bezalel Smotrich calling Palestinians the people of Amalek, a reference to a Biblical story the report says soldiers and settlers would understand as a call for the destruction of Palestinians in Gaza.
In a post on LinkedIn, Amnesty International’s Deputy Secretary General Kathryn Tomlinson acknowledged there would be criticism of their report.
“We will be challenged, we will be criticized, [and] we will be called anti-Semitic. It’s hard to describe as genocidal a state formed following another genocide. I hope us speaking out will create spaces for others to do so,” Tomlinson said.
Criticism also came from within the organization. A report by The Times of Israel says the Israeli chapter of Amnesty International broke with its parent group. Amnesty Israel said that while they’re worried Israel has perpetrated “serious crimes” in Gaza, a majority of its members find the report doesn’t do enough to prove the claim of genocide.
An Israeli government spokesperson laid out their reasons for disagreeing with the Amnesty International report. Those include Hamas and Iran’s history of calling for the destruction of Israel and the aid that Israel has allowed into Gaza.
“’Genocide,’ they cry about Israel. They distort reality and downplay the clear intent of Hamas to annihilate Israel. Just listen to what Hamas and Iran say,” Israeli government spokesperson David Mencer said.
“Amnesty’s claims lack credible, verifiable evidence and omits Israel’s humanitarian measures. 1,166,000 tonnes of aid have gone into Gaza since the start of this war,” Mencer added, before later saying “Amnesty manipulates international law to falsely portray legitimate self-defense as genocide.”
The report also came up in the U.S. during a State Department press briefing on Thursday, Dec. 5.
“We disagree with the conclusions of such a report. We have said previously and continue to find that the allegations of genocide are unfounded,” said State Department Spokesperson Vedant Patel.
“And we continue to stress at every turn that there is a moral and strategic priority for Israel to comply with international humanitarian law. And that is something we’re going to continue to raise with partners in the region and directly with Israel.”
The International Court of Justice is still weighing a genocide claim South Africa filed against Israel last year.
Separately, the International Criminal Court issued arrest warrants last month for Netanyahu and former Defense Minister Yoav Gallant on war crimes and crimes against humanity charges.
The ICC can bring charges of genocide but is not currently charging any Israeli officials with doing so.
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