By Omer Bartov
Mr. Bartov is a professor of Holocaust and genocide studies at Brown University.
Israeli military operations have created an untenable humanitarian crisis, which will only worsen over time. But are Israel’s actions — as the nation’s opponents argue — verging on ethnic cleansing or, most explosively, genocide?
As a historian of genocide, I believe that there is no proof that genocide is currently taking place in Gaza, although it is very likely that war crimes, and even crimes against humanity, are happening. That means two important things: First, we need to define what it is that we are seeing, and second, we have the chance to stop the situation before it gets worse. We know from history that it is crucial to warn of the potential for genocide before it occurs, rather than belatedly condemn it after it has taken place. I think we still have that time.
It is clear that the daily violence being unleashed on Gaza is both unbearable and untenable. Since the Oct. 7 massacre by Hamas — itself a war crime and a crime against humanity — Israel’s military air and ground assault on Gaza has killed more than 10,500 Palestinians, according to the Gaza Health Ministry, a number that includes thousands of children. That’s well over five times as many people as the more than 1,400 people in Israel murdered by Hamas. In justifying the assault, Israeli leaders and generals have made terrifying pronouncements that indicate a genocidal intent.
Still, the collective horror of what we are watching does not mean that a genocide, according to the international legal definition of the term, is already underway. Because genocide, sometimes called “the crime of all crimes,” is perceived by many to be the most extreme of all crimes, there is often an impulse to describe any instance of mass murder and massacre as genocide. But this urge to label all atrocious events as genocide tends to obfuscate reality rather than explain it.
International humanitarian law identifies several grave crimes in armed conflict. War crimes are defined in the 1949 Geneva Conventions and subsequent protocols as serious violations of the laws and customs of war in international armed conflict against both combatants and civilians. The Rome Statute, which established the International Criminal Court, defines crimes against humanity as extermination of, or other mass crimes against, any civilian population. The crime of genocide was defined in 1948 by the United Nations as “the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.”
So in order to prove that genocide is taking place, we need to show both that there is the intent to destroy and that destructive action is taking place against a particular group. Genocide as a legal concept differs from ethnic cleansing in that the latter, which has not been recognized as its own crime under international law, aims to remove a population from a territory, often violently, whereas genocide aims at destroying that population wherever it is. In reality, any of these situations — and especially ethnic cleansing — may escalate into genocide, as happened in the Holocaust, which began with an intention to remove the Jews from German-controlled territories and transformed into the intention of their physical extermination.
My greatest concern watching the Israel-Gaza war unfold is that there is genocidal intent, which can easily tip into genocidal action. On Oct. 7, Prime Minister Benjamin Netanyahu said that Gazans would pay a “huge price” for the actions of Hamas and that the Israel Defense Forces, or I.D.F., would turn parts of Gaza’s densely populated urban centers “into rubble.” On Oct. 28, he added, citing Deuteronomy, “You must remember what Amalek did to you.” As many Israelis know, in revenge for the attack by Amalek, the Bible calls to “kill alike men and women, infants and sucklings.”
The deeply alarming language does not end there. On Oct. 9, Israel’s defense minister, Yoav Gallant, said, “We are fighting human animals and we are acting accordingly,” a statement indicating dehumanization, which has genocidal echoes. The next day, the head of the Israeli Army’s coordinator of government activities in the territories, Maj. Gen. Ghassan Alian, addressed the population of Gaza in Arabic: “Human animals must be treated as such,” he said, adding: “There will be no electricity and no water. There will only be destruction. You wanted hell, you will get hell.”
The same day, retired Maj. Gen. Giora Eiland wrote in the daily newspaper Yedioth Ahronoth, “The State of Israel has no choice but to turn Gaza into a place that is temporarily or permanently impossible to live in.” He added, “Creating a severe humanitarian crisis in Gaza is a necessary means to achieving the goal.” In another article, he wrote that “Gaza will become a place where no human being can exist.” Apparently, no army representative or politician denounced this statement.
I could quote many more.