By Prof Michel Chossudovsky

Global Research, July 03, 2025

Introduction

As we recall, The Republic of South Africa —referring to Article II of the Genocide Convention–, stated that the crimes committed by the State of Israel “are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group. …”.

The acts outlined by South Africa “are all attributable to [The state of] Israel, which has failed to prevent genocide and is committing genocide in manifest violation of the Genocide Convention.  … “ (emphasis added)

(See The Republic of South Africa’s 84 page document submitted to the ICJ)

Article II of the Genocide Convention reads as follows. It esssentially defines acts of genocide, all of which apply to Palestine.

Article II

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

A Part from Israel: “Who are The Actors of Genocide”.  The Role of Our Governments.

The answer to this question is addressed in Articles III and IV of the Convention on the Prevention and Punishment of the Crime of Genocide. 

It is not solely Israel which is waging the genocide. Western governments have formally endorsed Israel. They have provided financial support as well as military aid. US-NATO is a partner of Israel in this criminal endeavour.

Western governments are routinly arresting citizens who are protesting against genocide. Millions of people throughout the European Union and around the World have expressed their solidarity with Palestine

Protesters in Australia urge the government to back South Africa’s court case against Israel. (AAP Photo)

Article III: “Complicity in Genocide”

The Convention is very explicit: it defines the notion of complicity in Articles III and IV.

Article III

The following acts shall be punishable:

(a) Genocide;

(b) Conspiracy to commit genocide;

(c) Direct and public incitement to commit genocide;

(d) Attempt to commit genocide;

(e) Complicity in genocide.

Several NATO member states have collaborated directly with Israel’s IDF in military and Intelligence operations. They are complicit in the act of genocide.

Complicity is Punishable

Article IV is very explicit.

Article IV:  

“Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals”.

In this regard, heads of State and heads of government who have formally endorsed the conduct of Genocide by Israel, are categorized as “Constitutionally responsible rulers” and “public officials”. The latter are “Complicit in Genocide” under Article III section e} and can be arrested under the clauses of Article VI

Complicity in Genocide is Punishable under Article V and VI

Article V: (see below). enact

“the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III”.

Under Article VI (see below), they are liable for arrest and punishment: “tried by a competent Tribunal…” 

Article VI

“Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.”

The Above Analysis of the Genocide Convention: 

Providing the Peace Movement with the means to confront national governments and question their political legitimacy.

Legal procedures against politicians who are “complicit in genocide” (art IIIe) should be contemplated. 


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