Testing Human Rights in Gaza under the Genocide Convention

The humanitarian crisis and violations of international law committed during Israel’s attacks on Gaza after Hamas’ Operation al-Aqsa Flood on October 7, 2023, have led to accusations against Tel Aviv within the scope of the Convention on the Prevention and Punishment of the Crime of Genocide. In various reports prepared by independent experts within the United Nations, it has been stated that Israel’s actions contain strong evidence of genocide in Palestine and prove the existence of genocidal intent. On December 29, 2023, South Africa filed an application against Israel with the International Court of Justice (ICJ), alleging that Israel had violated its obligations under the Genocide Convention toward Palestinians in the Gaza Strip, and requested interim measures to end the attacks and provide humanitarian assistance. The insistence on the non-implementation of binding interim measures issued by the ICJ and Israel’s continued attacks despite the ceasefire call into question the effectiveness of international human rights protection mechanisms. This case before the court should be seen as an opportunity to prevent the commission of a grave crime such as genocide and to reinforce the supremacy of international law against human rights violations.