Academic Paper: Israeli War Crimes in Gaza according to the Rome Statute of the International Criminal Court (ICC) by Prof. Paul De Waart

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3.1.1 Genocide
The ICC has only jurisdiction over persons and not over states. The IFFM found no proof that the government of Israel had the necessary genocidal. The committee, however, could not exclude that some individual soldiers may have committed genocide. Their eventual prosecution depends on the possibility to prove that a certain individual acted with genocidal special intent.

By the way, the Genocide Convention, to which Israel is a party, provides for the possibility to submit a violation of the convention to the ICC.  However, in the light of absence of clear evidence that acts of genocide have been committed, the IFFM was unable to recommend that states bring proceedings against Israel under the Genocide Convention.

3.1.2 Crimes against humanity
As for crimes against humanity, the IFFM concluded that the IDF were responsible for murder, extermination, persecution and other inhuman acts during operation Cast Lead. It also concluded that these acts of violence were committed with knowledge of the attack in the sense that the perpetrators knew the conduct was part of a widespread or systematic attack against a civilian population and that they intended to further such an attack.

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