In the current South African lawsuit against Israel.
Do you have a source saying that the consensus among human rights lawyers is that it's a genocide?
Both the historians you mention are have long held strong anti-Israel views. Because whether or not this is a genocide depends on Israel's intent a lot of smart people who happen to be anti-zionist understandably come to the view that it's a genocide. However, this is different from from proving this intent in court.
@GammaLaser leftist academics diverging from mainstream opinion is hardly unprecedented - these types of people also spent decades supporting Stalin and pol pot.
@CainanKeyles because it was always a ridiculous allegation and at this point even south Africa has admitted they can't back it with evidence (they asked for "time to gather more", which was denied).
@CainanKeyles in the public „genocide“ often gets thrown together with all kind of other warcrimes. It is possible that warcrimes were committed, but genocide has specific definition that is clearly not met.
@Philip3773733 yeah I'd be really surprised if 1) no war crimes were found, and somewhat surprised if 2) this was deemed genocide
@CainanKeyles Because the Gaza death rate keeps dropping: https://data.techforpalestine.org/
@Shai are you saying if the death rate drops in a genocide it stops being a genocide?
I don't know what the ICJ will decide, but a drop in death rate after so much harm has already been done doesn't seem like a good reason. Specially when the international response likely played a role in Israel reducing their murderous campaign.
The main factor that will matter to the court in this case is whether Israel has the clear intent of eliminating the targeted group (Dolus Specialis).
The fact that the numbers are dropping as Israel has gained more control could provide evidence to Israel's case that its intent is to eliminate Hamas (unprotected group) and not the people of Gaza. In previous cases of genocides, as the army gained more control, the numbers have increased (which is what you would expect if the intent is there).
"determine that Israel committed genocide" - No.
In terms of incitement charges, they are typically separate from the act of genocide itself, right? Incitement can be a part of the process leading to genocide, but it is not the same as committing genocide, or am I wrong?
How would @Shump resolve in regards to this?
@M_HK_FA This is specifically for the crime of genocide, the way it is defined in international law. I am not aware that "genocide incitement" is a crime in international law, but it won't count anyways. I have this market for war crimes more broadly
South Africa's case is so good. Obviously israel has committed genocide in gaza. However, ICJ is funded by america and appointed by the biden administration. Biden and Blinken will be found complicit in genocide. You can't run for president if you are found complicit in genocide. The case against israel won't be allowed to be found with merit.
Biden and Blinken will be found complicit in genocide.
By who (if the IJC is apparently appointed by the Biden administration)? Do you want to start a prediction market for this?
You can't run for president if you are found complicit in genocide.
Seems this might require an atrocity crimes investigation by the US first (What if a President Committed Genocide or Other Atrocity Crimes?)
@Najawin It's tricky. How do you prove genocide? In addition to mass killing, you need to show intent. The problem is that so many media people, celebrities, ordinary people and even ministers have made dehumanizing, genocidal statements since the war started. The South African lawsuit is full of these examples. So now Israel would have to defend itself by saying things like "they didn't mean it" or "they're not the ones actually making decisions".
@Shump Oh, we know they're not the ones making decisions. That's exactly the defense. They're not in the chain of command. Hell, Bibi is barely in the chain of command at this point.