10

Loading video...

Arsen Ostrovsky and John Spencer

By Arsen Ostrovsky and John Spencer

0

Share

Newsweek is a Trust Project member

See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.


This week, Amnesty International released a 296-page report, accusing Israel of committing "genocide" in Gaza. This charge, no less than a modern-day blood libel, is just the latest attack in Amnesty's longstanding campaign of lawfare against and vilification of the State of Israel, having previously accused the Jewish state of the equally unfounded charge of apartheid.

To be sure, this report, written under the guise of international law and human rights, is utterly baseless, replete with malicious lies and gross distortions of fact, as well as wholesale fabrications of law. The crime of genocide, coined in 1944 by the Polish-Jewish jurist Raphael Lemkin to describe the systematic extermination of Jews by the Nazis, is one of the most serious accusations that can be leveled in international law. To accuse Israel of "genocide" in Gaza is a grotesque and egregious subversion and weaponization of the very term itself.

It is important to recognize that genocide is very clearly defined under Article II of the Genocide Convention of 1948, to mean "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." The commission of genocide has nothing to do with the number of civilian casualties that occur in a conflict; the key element here is the need to possess relevant "intent."

Read More

Trump Has a Lot of Leverage in the Middle East. He Should Use It to Help the Palestinians | Opinion6 min read

Trump Has a Lot of Leverage in the Middle East. He Should Use It to Help the Palestinians | Opinion

We Democratic Socialists of America Will Not Apologize. We Stand for What Is Right | Opinion4 min read

We Democratic Socialists of America Will Not Apologize. We Stand for What Is Right | Opinion

Palestinians Are Facing a New Reality With Donald Trump in Power | Opinion5 min read

Palestinians Are Facing a New Reality With Donald Trump in Power | Opinion

Whatever criticism one may have of Israeli policies or Israel Defense Forces (IDF) actions in Gaza, at no stage has Israel been seeking to destroy the people in Gaza, whether in whole, in part, or in any manner whatsoever.

Gaza

...

Israeli leaders are directing military policy in accordance with the decisions of the War Cabinet, and Prime Minister Netanyahu, the Defense Minister, and the IDF Chief of Staff have been unequivocal: The intent of the operation in Gaza following October 7 is to eliminate Hamas by destroying its military and governing capabilities and to rescue the hostages. These are both entirely legitimate military objectives under the laws of armed conflict.

That there have been civilian casualties in Gaza is tragic, but it is also the inevitable consequence of Hamas using its own people as human shields and embedding its military operations in schools, hospitals, kindergartens, and homes. Notwithstanding the complex challenge of operating in such difficult environment, the IDF has gone to extraordinary lengths, not seen in modern warfare, to abide by the principles of International humanitarian law and avoid harm to civilians in Gaza. This has included implementing historic measures to prevent civilian harm, such as advanced alerts to provide early warning and temporary evacuations, daily pauses of fighting, distributing maps to civilians, using precision weapons, as well are facilitating daily provision of aid.

Perhaps knowing it doesn't have a legal leg to stand on, Amnesty has resorted to manufacturing its own definition of genocide. Amnesty claims that the universally established and the sole accepted legal definition as outlined in the Genocide Convention of 1948 which requires the existence of intent is an "overly cramped interpretation of international jurisprudence and one that would effectively preclude a finding of genocide in the context of an armed conflict."

It's not just Israel that finds this redefinition ridiculous. In an absolutely scathing rebuke, even Amnesty's own Israel office has totally rejected Amnesty International's report, saying it was a "predetermined conclusion" based on "biased" and "artificial" analysis of the situation in Gaza and "motivated by a desire to support a popular narrative among Amnesty International's target audience."

If anyone is guilty of genocide here, it is Hamas. Not only does Hamas openly state that the destruction of Israel is its ultimate goal, as evidenced in their Charter, it acted out on those intentions on October 7, when Hamas massacred over 1,200 Israelis in a rampage that included raping, burning, mutilating, executing and abducting women and children. We've stood in the kibbutzim and communities in the south of Israel and saw first-hand the death and destruction. That is where the real attempted genocide occurred.

In an interview last year, shortly after the massacre, senior Hamas official Ghazi Hamad admitted that the terror group would repeat the October 7 massacre "again and again" until Israel was "annihilated," openly admitting the group's genocidal intentions. But Amnesty has completely disregarded this, instead absolving and whitewashing the heinous actions of Hamas.

The incoming Trump Administration should declare Amnesty a hate-group and adopt blistering sanctions against them, including withdrawing financial support and any cooperation with government agencies.

Regrettably, Amnesty International, once a storied human rights organization, has lost all credibility, becoming nothing more than a propaganda mouthpiece for the murderers and rapists of Hamas.

Arsen Ostrovsky is a human rights lawyer who serves as CEO of The International Legal Forum and senior fellow at the Misgav Institute for National Security. You can follow him on 'X' at: @Ostrov_A.

John Spencer is chair of urban warfare studies at the Modern War Institute (MWI) at West Point, codirector of MWI's Urban Warfare Project and host of the "Urban Warfare Project Podcast." He served for 25 years as an infantry soldier, which included two combat tours in Iraq. He is the author of the book" Connected Soldiers: Life, Leadership, and Social Connection in Modern War" and co-author of" Understanding Urban Warfare."

The views expressed in this article are the writers' own.

Correction 10/1: This article previously stated the CIA World FactBook claims the Gaza’s population increased in 2024. That statement has been removed.

View 0 Comments

Request Reprint & Licensing

Submit Correction

View Editorial & AI Guidelines