Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
- Killing members of the group;
- Causing serious bodily or mental harm to members of the group;
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
- Imposing measures intended to prevent births within the group;
- Forcibly transferring children of the group to another group
I think the issue Israel has is that members of its government have said things that, alongside their actions, give the intent element of genocide. That’ll be the sticking point, according to legal experts.
I think rhetoric from people like Smotrich also make ethnic cleansing a concern (rendering an area ethnically homogeneous by using force or intimidation to remove persons of given groups from the area).
Under the same definitions, Hamas (not the Palestinian people suffering) also could be found guilty of committing such crimes, including genocide in the legal sense, on 7/10. It appears some people believe genocide should lead to another genocide as retaliation. But then what becomes of the Palestinians if Israel is committing genocide? Are they ‘allowed’ or justified to commit a genocide in retaliation too?