Published On: February 2nd 2026
Authored By: Divyanshi
IIMT University, Meerut
ABSTRACT
Genocide is often seen as “Earthquake” for mankind because of its unpredictable timing and its devastating consequences. Worldwide events such as those in Gaza, Israel and Hamas is facing this earthquake and millions of lives are in danger, no proper data and information of how many people died and are suffering from this because of their mentality act which is so cruel that deliberately kills people because of some materialistic things. To prevent such crimes, many legal frameworks have been developed. The Convention on the Prevention and Punishment of the Crime of Genocide (1948) was the first main response followed by the International Covenant on Civil and Political rights (1966) which strengthened human rights protection. The Rome Statute of the International Criminal Court further explained accountability and for the first time genocide was.
INTRODUCTION
The word “GENOCIDE” means “the murder of all the people of a particular race ,religion and etc’’. It is also seen as “crimes of crimes’’ to the human life. The term GENOCIDE was first coined by Raphel Lemkin , a Polish Jewish Lawyer according to him, it is the systematic destruction of groups. It reflects both mens rea (guilty mind) and actusrea (physical act) to destroy the human life with brutality to eliminate a specific community.
As of late 2025 in ,there were allegations that Israel was committing genocide against Palestinians in ,while Hamas and other Palestinian armed groups were accused of war crimes and crimes against humanity, nor genocide. It is officially defined and adopted in 1948 united convention on the prevention and punishment
TREATIES and CONVENTION
1. Convention on the prevention and punishment of the crime of genocide (1948)
- It was officially adopted in 9 December 1948 in response to the atrocities committed during world war II
- It is the first treaty that clearly explain the ‘’ GENOCIDE’’
- It mandate state to prevent the massive killing and solve their external affairs.
- It was formally enforce in 1951 and bring several changes worldwide and do things in favour of mankind.
2. International Covenant ON Civil And Political rights
- It was officially adopted on 1966, consider as human right treaty.
- This treaty made to protect the humans on both national and international level.
- It compliment the ‘’GENOCIDE’’ convention.
3. Rome Statute of the International Criminal Court
- This treaty played a very crucial role in international courts
- It prosecute ,war crimes ,terrorist.
- At international level this is the first treaty that do some important changes in human right development.
FORMS OF GENOCIDE
There are several forms of genocide are ;-
- Direct killing of group members to end a particular group
- Causing serious bodily or mental harm, such as physically disabling a community to prevent future existence,
- Forcibly transferring children from the group matches
- Imposing measures to prevent births within the group, aiming to end a specific generation.
- Deliberately contamination natural resources with chemicals to cause gradual and slow deaths.
STATE DUTY TOWARDS PREVENTION OF GENOCIDE
- State must be fair towards its citizen while preventing discrimination, ensure equality, proper law and safeguards ,there be secularism .
- State must be strict towards their law ,their technical system should be strong justice should be quick and rule of law should be followed
- Education system should be so strong that citizen should know their liabilities towards their and others state
- State should have good team of diplomats so their foreign policy should be strong
- State should be develop in sense of their laws and policies, education and secularism
GAZA AND ISRAEL LEGAL ACCOUNTABILITY
The Gaza–Israel conflict has drawn unprecedented global legal scrutiny, particularly regarding allegations of genocide. International courts and bodies — especially the International Court of Justice (ICJ) and the International Criminal Court (ICC) — are now central to determining responsibility, ensuring protection of civilians, and enforcing obligations under international humanitarian and human rights law. The situation demonstrates the challenges of applying genocide law during ongoing armed conflict
Reasons
- The conflict arises from territorial disputes, as both Israelis and Palestinians claim the same land, especially Jerusalem and historic Palestine.
- Israel’s occupation of Palestinian territories and the long-standing blockade on Gaza since 2007 create deep political and humanitarian tensions.
- There is long-standing hostility between Hamas and Israel. Hamas does not recognize Israel, and Israel considers Hamas a terrorist organization.
- Security concerns drive both sides: Israel cites rocket attacks and threats from Gaza, while Palestinians point to airstrikes, raids, and civilian suffering.
- Historical grievances from events like the 1948 displacement (Nakba), the 1967 war, settlement expansion, and repeated clashes fuel anger and mistrust.
- Internal political struggles on both sides often escalate the conflict, as leaders take hard positions to maintain power.
- Continuous human rights violations, including discrimination, occupation conditions, and civilian casualties, increase resentment and international pressure.
Consequences
- Large-scale civilian casualties, including deaths, injuries, and long-term trauma.
- Massive destruction of homes, hospitals, schools, and essential infrastructure.
- Severe humanitarian crisis due to shortages of food, water, medicine, electricity, and shelter.
- Forced displacement of millions, leading to refugee conditions and overcrowded shelters.
- Long-term psychological trauma among children and families living through bombings and violence.
- Collapse of healthcare systems, making treatment for injuries and diseases extremely difficult.
- Increased poverty, unemployment, and economic collapse due to destruction of businesses and blockade.
- Deepening political division between Israeli and Palestinian leadership, reducing chances of peace.
- Rise in regional tensions, affecting neighboring countries and global geopolitical relations.
- Spread of radicalization, hatred, and mistrust on both sides, making future reconciliation harder.
- Increased international involvement, including UN interventions, war crime investigations, and diplomatic pressure.
- Long-lasting environmental damage due to bombing, rubble, pollution, and lack of sanitation.
CASE LAW: South Africa v Israel
South Africa instituted proceedings against Israel at the International Court of Justice (ICJ) on 29 December 2023, alleging that Israel’s military operations in Gaza since 7 October 2023 violated the 1948 Genocide Convention by committing acts such as killing Palestinians, causing serious harm, inflicting destructive living conditions, and preventing births, all with specific intent to destroy Palestinians as a group. The ICJ found prima facie jurisdiction and plausibility in its 26 January 2024 order, issuing provisional measures requiring Israel to prevent genocidal acts, punish incitement, ensure humanitarian aid, and preserve evidence, with subsequent orders on 28 March, 24 May 2024, and later reinforcing aid obligations amid ongoing hostilities. Israel rejected the claims, asserting self-defense against Hamas and lack of genocidal intent, while the case proceeds to merits phase without a final genocide determination.
MYANMAR GENOCIDE
The world witnessed one of the worst atrocities on 9 October 2016—the Rohingya Genocide. It became a symbol of “no justice and no freedom” for an entire population, clearly violating basic human rights. The genocide targeted the Muslim Rohingya community solely because of their religious identity. Thousands of innocent lives suffered, yet no one has been held accountable for this heinous act.
As Abdul, a Rohingya survivor, stated: “Since we were children in Myanmar, we never had any freedom. They called me ‘nowa kalar’, a slur for Muslims, comparing us to animals.”
The Rohingya people faced mass killings, torture, arbitrary arrests, and indiscriminate attacks. Women were subjected to rape, sexual assault, and extreme violence. According to human rights reports, large numbers of Rohingyas were forced to flee, migrating from one country to another in search of safety.
Reasons
- Rohingyas were declared stateless without any legal justification. This action labelled them as “non-citizens,” denying them basic rights and protections.
- Myanmar is predominantly Buddhist, while the Rohingyas are Muslims. This religious difference played a major role in creating hostility and discrimination .
- This stereotype and religious prejudice became the reason why the Myanmar military easily succeeded in their operations against the Rohingya community.
- Social media played a big role in spreading hate speech against the Rohingya population. Due to this widespread propaganda, the military gained public support for their actions.
CONCLUSION
Genocide represents one of the most severe crimes against humanity, striking at the very foundations of human dignity, equality, and coexistence. The cases of Myanmar and Gaza demonstrate how deeply rooted discrimination, political manipulation, and unchecked military power can evolve into large-scale atrocities against vulnerable populations. These tragedies highlight that genocide is never an isolated event; it begins with hate, exclusion, and systematic denial of rights, eventually transforming into violence, displacement, and mass suffering. The international community’s response to these crises has repeatedly revealed gaps in global governance, selective intervention, and the political challenges of enforcing international law. Although mechanisms such as the Genocide Convention, the International Criminal Court, UN fact-finding missions, and universal human rights norms exist, they remain effective only when states cooperate honestly and prioritize human life over geopolitical interests.
The persistence of atrocities in Myanmar, the prolonged conflict in Gaza, and similar events across the world signal that justice is often slow, uneven, and influenced by global power dynamics. Victims continue to demand recognition, accountability, and reparations, but their calls frequently face political resistance and legal barriers. This underscores the urgent need for stronger global institutions, early-warning systems, and independent investigations that are free from political pressure. Ensuring justice requires not only punishing perpetrators but also addressing the structural causes that allow genocide and mass violence to emerge—such as inequality, discrimination, statelessness, and impunity.
