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
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.
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.
Melanie O'Brien is the president of the International Association of Genocide Scholars (IAGS). This piece does not represent the view of IAGS.
Ben Saul is the United Nations special rapporteur on human rights and counter-terrorism, an independent expert appointed by consensus of the member states of the United Nations Human Rights Council.
Eyal Mayroz served as a counterterrorism specialist with the Israeli Defence Forces in the 1980s.
Paul James and Shannon Bosch do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.
