Israel and Hamas Accused of Grave International Crimes Amid Gaza Conflict
As of March 5, 2025, Israel’s war on Gaza has resulted in the deaths of at least 48,440 Palestinians, with both Israel and Hamas now facing serious international criminal accusations.
The conflict escalated on October 7, 2023, when Israeli Prime Minister Benjamin Netanyahu declared war following a Hamas attack on southern Israel, which killed 1,195 people and led to the capture of 250 others. A ceasefire was eventually declared on January 19.
In 2024, Israel was accused of violating the Genocide Convention by the International Court of Justice (ICJ). The International Criminal Court (ICC) has issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant. However, arrest warrants for Hamas leaders, including military chief Mohamed Deif, leader Yahya Sinwar, and political head Ismail Haniyeh, were withdrawn after all three were killed during the conflict.
International bodies, including courts, rights organizations, and UN experts, have alleged that the conflict has led to genocide, crimes against humanity, and war crimes.
What Are International Crimes?
International criminal law, grounded in the 1998 Rome Statute, identifies four major crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These crimes are regarded as “the most serious concerns to the international community.” Scholars often collectively refer to the first three as “core international crimes” or “atrocity crimes.”
Distinguishing Between International Crimes:
- Genocide: Intentional destruction of a national, ethnic, racial, or religious group.
- Crimes against humanity: Acts targeting civilians as part of a larger plan or campaign.
- War crimes: Violations of the laws of war, including the protection of non-combatants.
- The crime of aggression: Use of force by one state against another.
When Were International Crimes Defined?
The concept of international crimes evolved over time, influenced by conflicts. War crimes were first formally recognized with the Lieber Code during the American Civil War (1863), which prohibited acts of torture and cruelty, and set rules for treating civilians and prisoners.
The term “genocide” was coined in 1944 by Polish-Jewish lawyer Raphael Lemkin in response to the atrocities of the Holocaust.
While treaties exist for war crimes and genocide, there are currently no international treaties specifically addressing crimes against humanity or the crime of aggression. However, the International Law Commission is working on a draft convention for crimes against humanity.
- Is Ethnic Cleansing the Same as Genocide?
- No, ethnic cleansing and genocide are distinct. Ethnic cleansing involves the forced displacement of a population, while genocide is the systematic attempt to destroy a group. This distinction has gained attention amid Israel’s efforts to remove Palestinians from Gaza. In February 2025, former US President Donald Trump faced condemnation for supporting a plan that would displace Palestinians, drawing accusations of endorsing ethnic cleansing.
