President Biden told a Democratic lawmaker and members of his Cabinet after the State of the Union address that he told Israeli Prime Minister Benjamin Netanyahu that they will need to have a “come-to-Jesus meeting.”
Biden’s comments, captured on a hot mic as he spoke with Sen. Michael Bennet (D-Colo.) on the floor of the House chamber, came after Bennet congratulated the commander in chief on his speech and pressed him to keep pressure on Netanyahu over increasing humanitarian issues in Gaza.
The UN has a very specific definition of genocide under Article II (bolding mine):
https://www.un.org/en/genocideprevention/genocide.shtml
"In the present Convention, 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."
So, point for point, Israel has done ALL of this in Gaza with the exception of the final bullet point, which Russia is doing in Ukraine.
The part you’re not bolding is perhaps the most important part.
“killing members of a group” is obviously not genocide or every war in history would be considered genocide; “killing members of a group” with intent to destroy that group is what specifically elevates war into genocide.
In other words, intent, context and the details really matter here.
We already know Hamas’ intent is genocide of all Israeli Jews, as was laid out in clear worlds in their founding 1988 charter. And when people say that “Palestine should be free from the river to the sea.”, they seem to be calling for some kind of genocidal one state solution that erases Israel from the map and implies nothing good for the Israeli Jews who currently live there and whose ancestors have lived their for thousands of years. On top of that, many of Hamas’ actions on October 7th (violence targeted exclusively at civilians, rape, theft of civilian property, kidnapping, hiding behind their own civilians as a human shield, etc.) are war crimes.
Does Netenyahu’s government want genocide? It’s debatable. Some of the rhetoric of Israeli ministers has been at least inappropriate and at worst borderline genocidal. But If they only wanted to kill all Palestinians, they wouldn’t only be fighting in Gaza and they would likely have killed many more civilians indiscriminately (there are 2 million people living in Gaza after all). But more important than those are the fact that Israel seems to be following the international wartime rules of “proportionality”, and seems to be able to justify their use of force in the vast majority of cases. They do, in fact, have a right to defend themselves from terrorist threats and wage a military campaign in the hopes of eliminating those threats and saving the hostages (who have been held in captivity for almost HALF A YEAR now.) This is exactly why the International Court of Justice fell short of accusing Israel of genocide.
All that said, the war is horrible and the suffering of civilians is an unspeakable tragedy. The only real solution for peace is a two-state solution under which Israeli Jews and Palestinian Arab Muslims can coexist and live together in a land that they have shared for centuries, or really, millennia. Hamas should release the hostages and accept the ceasefire deal so that the world can move on from this ugly and tragic war.