In January 2024, the International Court of Justice (ICJ) issued a provisional ruling in a case brought by South Africa against Israel, alleging genocide in Gaza. The court found Palestinians have a ” plausible ” right to protection from genocide in Gaza and that Israel must take all measures to prevent a genocide from occurring.
Authors
- Melanie O’Brien
Associate Professor in International Law, The University of Western Australia
- Ben Saul
Challis Chair of International Law, Sydney Law School, University of Sydney
- Eyal Mayroz
Senior Lecturer in Peace and Conflict Studies, University of Sydney
- Paul James Paul James is a Friend of The Conversation.
Professor of Globalization and Cultural Diversity, Western Sydney University
- Shannon Bosch
Associate Professor (Law), Edith Cowan University
Since then, United Nations experts and human rights groups have concluded that Israel is committing genocide in Gaza. In recent weeks, others have done the same, including leading genocide scholars and two Israeli human rights groups .
While the ICJ case may take years to play out, we asked five Australian experts in international law and genocide studies what constitutes a genocide, what the legal standard is, and whether the evidence, in their view, shows one is occurring.
