2024-12-05, Amnesty International reports Israel has committed genocide during the defence against the Hamas terrorists in Gaza. They mention Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide to prove that. But the definition of genocide starts with Article 1.
The “Convention on the Prevention and Punishment of the Crime of Genocide of 09 December 1948” says in Article I The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
But it is not a time of war, Israel has to deal with the Hamas terrorism, not a war. The main difference between war and terrorism are the targets. War is military of a country against the military of another country. Terrorism works by attacking civilian targets, killing civilians and making civilians react. That is what Hamas does.
The Octobre 7 2023 massacre by Hamas clearly is terrorism. Today terrorist group Hamas still contains more than hundred hostages. Israel therefore will defend the country and its civilians against the Hamas terrorism.
The International Court of Justice (ICJ) ordered January 26, 2024, Israel to refrain from any acts that could fall under the Genocide Convention and to ensure its troops commit no genocidal acts in Gaza. But as mentioned above, The International Court of Justice cannot act according the Convention on the Prevention and Punishment of the Crime of Genocide because the Hamas actions started on October 7, 2023 were an act of terrorism, not an act of war. Any country shall have the right to defend itself against terrorism.