Exposing the U.N.’s Anti-Israel Bias: The False Charge of Genocide

Anti-Israel bias continues to grow at the United Nations. Recently, hundreds of U.N. employees wrote to United Nations High Commissioner for Human Rights Volker Türk, requesting that he label Israeli actions in the Gaza Strip as genocide. The accusation is unfounded; a state that intends to commit genocide does not comply with applicable Laws of Armed Conflict in the ways that Israel has complied.

Through our European affiliate, the European Centre for Law and Justice (ECLJ), which has Special Consultative Status at the U.N., we sent a legal memo to the High Commissioner explaining to him why such labeling would be contrary to the law and facts.

[G]enocide 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:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

There is no evidence that Israel deliberately targets civilians due to their Palestinian identity, with the specific intent to destroy Palestinians as a group. This is why we continue to stand with Israel. Join us and add your name: Stand With Israel. Defend Israel.

Our memo explained:

War is a violent activity, which involves death and destruction of both enemy combatants and military facilities as well as the incidental and collateral death and destruction of non-combatants and civilian facilities [all of which is lawful]. . . . It is only intentionally targeting civilians which constitutes a crime. . . .

To say that Israel is deliberately targeting civilians is absurd. The Israeli military is the only military in the world that requires approval by a group of military lawyers, not accountable to the military chain of command, before each military strike is carried out. Every bombing and every strike go through a rigorous process of evaluation under IHL rules of distinction and proportionality. Israel does not target civilians. In fact, it takes every possible precaution to protect civilian lives. Collateral damage is a sad reality of war. Mistakes can be made on the battlefield. But neither lawful collateral damage nor mistakes constitute war crimes, much less acts of genocide.

We reminded the High Commissioner that, in determining the legality of collateral harm, one must also not disregard the party that is intentionally causing harm to civilians by using them as human shields. Hamas’ use of protected facilities and turning them into legitimate military targets is widely known.

A state that intends to destroy a civilian population group in whole or in part does not invest significant resources to help the civilian population evacuate areas of hostility. It does not secure humanitarian corridors to facilitate the evacuation of civilians from combat zones. It does not provide medical supplies to the targeted group. Israel not only is doing all of these things but also much more. Israel consistently goes above and beyond what the Laws of Armed Conflict require.

Our memo also emphasized that those accusing Israel of committing genocide base their conclusion on the number of overall casualties reported by Hamas, an internationally recognized terrorist organization that simply cannot be trusted.

Notably, the accuracy of the numbers provided by the Hamas-run ministry is questionable as even the UN reports those numbers with a disclaimer. Further, the number of casualties provided by the Hamas-run ministry does not distinguish between combatants and non-combatants or exclude lawful collateral casualties. The numbers do not account for how many of those who died were Hamas and Palestinian Islamic Jihad (PIJ) terrorists and how many were civilians. The numbers do not account for how many died as a result of Hamas’ or PIJ’s faulty rockets. The numbers do not account for how many died in the civilian facilities that Hamas had turned into legitimate military targets by operating from those facilities and forcing civilians to stay—a fact commonly known and adequately proven.

Our memo also explained that Israel is not targeting anyone because of their race, ethnicity, nationality, or religion. There is no evidence whatsoever that Israel is deliberately targeting Palestinian civilians because of their Palestinian identity. Israel is only targeting Hamas in self-defense in response to horrific criminal attacks unjustifiably perpetrated by Hamas. 

Our memo further explained:

A clear example that meets this element of the crime of genocide is October 7, 2023, when terrorists from Gaza targeted civilians specifically because they were Jewish Israelis. . . . The entire operation was intended to murder, rape, torture, and kidnap as many Israeli civilians as possible. 1,200 innocent civilian deaths were not incidental casualties during a legitimate military operation. The reason for Hamas’s attack was not self-defense. 1,200 people were attacked and killed because of their national, ethnic, racial, and religious identity, i.e., because they were Jewish Israelis, not because they were members of the Israeli military.

A cursory legal analysis of the law of genocide and the publicly known facts shows that any accusation of genocide against Israel would be ludicrous. Clearly, Israel is not targeting Palestinians because of their ethnicity. Collateral loss of innocent life on the battlefield is a sad reality of war, not a crime, much less a crime of the most heinous nature. In reality, it is Hamas and other terrorist organizations in Gaza that are proudly committing such crimes.

In short, we urged the High Commissioner not to succumb to the pressure to disregard the law but instead seek and allow justice to prevail. We emphasized that protecting civilians on both sides is a worthy cause. But it cannot be achieved by falsely accusing and vilifying the wrong party to the conflict. The ends do not justify the means. Instead of falsely accusing Israel of genocide and war crimes or rewarding the terrorist organizations with recognition of Palestinian statehood, the international community must hold Hamas, PIJ, and other terrorist organizations responsible and take measures to dismantle them.

Returning Israeli hostages and dismantling the terrorist organizations will help bring an end to the conflict and the suffering of innocent people put in harm’s way by such terrorist organizations. Take action and stand with us for Israel. Sign the petition: Stand With Israel. Defend Israel.