Shared Responsibility for Alleged Genocide in Gaza

A new poll found that half of US voters believe that Israel is committing genocide in Gaza. However, Israel is not committing genocide, which means acting with intent to destroy a national, ethnic, racial, or religious group. Israel is not intent on destroying the Palestinian people in Gaza. Instead, Israel is intent only on destroying Hamas, which started the war in Gaza by massacring 1,200 Israelis and abducting 250 survivors on Oct. 7, 2023.

The reason for the mistaken belief that Israel is committing genocide in Gaza is that, in a futile attempt to eliminate Hamas, Israel has unintentionally killed thousands of civilians. The reason why Israel has unavoidably killed thousands of civilians is that Hamas violates a fundamental principle of International Humanitarian Law (IHL), the principle of distinction. This principle requires warring parties to distinguish between civilians and combatants. Warring parties are obligated to separate their own military forces and equipment from civilian populations. However, Hamas has erased all distinctions between military and civilian infrastructure and people. Instead of wearing uniforms, Hamas fighters dress in civilian clothes. Hamas embeds its military infrastructure, weapons, and operatives in and under civilian facilities. Hamas stores military equipment inside and Hamas personnel function inside various civilian buildings which include hospitals, schools, and mosques.

By violating the principle of distinction, Hamas has turned selected civilian structures into lawful military targets. Of course, Israel honors its obligation to warn people to evacuate in advance of attacking a civilian facility used for military purposes. Sadly, the Israeli government has not learned that the rising death toll in Gaza will not compel Hamas to release the remaining hostages, disarm, and withdraw from the government of Gaza. To the contrary, Hamas is delighted to appear as an innocent bystander of the war in Gaza, hidden safely inside secret tunnels immune from Israeli airstrikes, holding the remaining hostages almost 700 days, and gleefully hearing Israel accused of genocide. Friends of Israel must convince the world that, by violating the principle of distinction, Hamas must share responsibility for the rising death toll in Gaza.