How genocide officially became a crime –and why South Africa is accusing Israel of committing it
The IndependentFor free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. World Court Genocide Explainer The reason the genocide convention exists “is related directly to what the Third Reich attempted to do in eliminating a people, the Jewish people, not only of Germany, but of Eastern Europe, of Russia," said Mary Ellen O’Connell, a professor of law and international peace studies at Notre Dame University's Kroc Institute. The 1948 Convention on the Prevention and Punishment of the Crime of Genocide, defines the crime as acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” It lists the acts as killing; causing serious bodily or mental harm; deliberately inflicting conditions of life calculated to bring about the group's physical destruction in whole or in part; imposing measures intended to prevent births; and forcibly transferring children. In its written filings and at a public hearing earlier this month, South Africa alleged genocidal acts by Israel forces including killing Palestinians in Gaza, causing serious mental and bodily harm, and deliberately inflicting conditions meant to “bring about their physical destruction as a group.” Israel has vehemently taken issue with South Africa's claims, arguing that it is acting in self-defense against what it calls the genocidal threat to its existence posed by Hamas. Malcolm Shaw, an international law expert on Israel’s legal team, called the comments South Africa highlighted “random quotes not in conformity with government policy.” HAS THE ICJ EVER RULED BEFORE ON GENOCIDE?