From "Never Again" to "Once More": The Obligation of States Parties to the Genocide Convention to Prevent Genocide in Gaza

Abstract

After the shocking experience of the Holocaust during the Second World War, a new crime has been added to international law and domestic legislations: genocide. The Convention on the Prevention and Punishment of the Crime of Genocide was adopted with the aim of preventing the recurrence of such atrocities. It is worrying that, despite the obligations of States Parties codified in it, including the obligation to prevent the commission of genocide, a number of genocides have been committed in recent decades. Since the launch of the Israeli attack on Gaza in October 2023, many experts first warned of the possibility of a new genocide, and later claimed that a genocide was already under way. The Republic of South Africa took the issue of a possible genocide to the International Court of Justice, which on 26 January 2024 recognised a prima facie case of a violation of the Genocide Convention. Since then, the Court has adopted several packages of provisional measures aimed at preventing genocide, which have failed to change the situation in Gaza, with that situation becoming increasingly serious over time and having now reached a level of destruction that is almost unimaginable. This is mainly due to the fact that Israel, the country against which the measures are directed, is not implementing them. What is problematic, however, is not only Israel's manifest disregard for international law, but also the passivity of the international community, particularly in terms of the duty to prevent genocide. This paper seeks to address these issues by focusing on the obligations of States Parties to the Genocide Convention. By referring to the Court's past jurisprudence, the authors identify how the numerous warnings by experts and the Court's findings on the possibility of genocide affect the obligation of prevention in question, and what measures States Parties to the Genocide Convention should take in this regard.