Professor Henry Srebrnik

Professor Henry Srebrnik

Wednesday, November 04, 2026

What Constitutes Genocide, and is Israel Guilty?

 By Henry Srebrnik, Jewish Post, Winnipeg

Genocide is a grave and exceptional violation of international law, defined and prohibited by the Genocide Convention of 1948. But maybe Raphael Lemkin did us no favour in coining the word during the Holocaust. It is now used by antisemites against Israel.

Raphael Lemkin was a Polish-Jewish jurist who escaped from Europe when the Nazis occupied Poland. He moved to Washington, DC, in the summer of 1942, and went on to document Nazi atrocities in his 1944 book, Axis Rule in Occupied Europe. In this text, he introduced the word “genocide,” the destruction of a nation or of an ethnic group. This new word is made from the ancient Greek word genos (race, ethnicity or tribe) and the Latin cide (killing).

But it’s not that cut and dried. Even before the antisemites accused Israel of genocide in Gaza, as a way of ridding themselves of any residual guilt about the destruction of European Jewry, the word had become little more than a term used by states and “human rights” groups who for one reason or another want to punish their adversaries.

Most of the time they really are talking about “ethnic cleansing,” pogroms, massacres and war crimes. By such criteria, every participant in World War II committed “genocide.” The mass killings of civilians in Hiroshima and Dresden in 1945 would today qualify. But these were acts against even far worse perpetrators of what we now call genocide, designed to speedily end the war.

What about the American war in Vietnam, and of course the almost numberless conflicts across Africa? The wars that dismembered Yugoslavia involved terrible massacres, particularly in Bosnia-Herzegovina and Kosovo, but did they really meet the criterion for genocide? The numbers killed needn’t be huge. About 8,000 Bosniak Muslims were murdered in Srebrenica by Bosnian Serb militias in 1995 during the Bosnian war. In the Western Hemisphere it would -- and lately does -- refer to the cultural and also physical extinction of pre-contact peoples from the Arctic down to Patagonia.

Are ideological attempts to kill groups of identifiable people within a state -- the Holodomor in Ukraine, but also elsewhere in Stalin’s USSR -- genocide? What about the Khmer Rouge in Cambodia? Should we call this an “auto-genocide,” since it was perpetrated by the nation’s own mad Maoist regime? Was China’s Cultural Revolution a genocide? Millions probably died. Rwanda is an interesting case -- obviously a mass murder by one class-cum-ethnic group against another, a giant pogrom involving intertwined peoples, but where the victims have now turned the tables.

Actually, there have been very few ideologically intentional attempts to destroy a powerless and helpless people, in whole or in part. Only a few qualify by that definition, the Holocaust being an obvious one, as well as the Turkish mass murders of Armenians in World War I. The allegations that Israel committed this crime do not meet the established definition and standards of genocide, are unsupported by established facts, nor do they stand up to common sense scrutiny.

A finding of genocide requires evidence of acts that are intended to destroy a national, ethnic, racial, or religious group, in whole or in part. Israel has neither intended to, nor destroyed, Palestinians as a group in Gaza. Israel’s accusers allege genocide mostly because of the supposed number of civilians killed in Gaza. Such claims are rife with flaws. Genocide is not a quantitative crime; there is no specific number of civilian casualties that constitutes genocide.

Israel set a high bar for how to conduct urban warfare against an enemy who will stop at nothing, including the death of its own civilians. What kind of genocide is it when the population of Gaza is larger today than it was three years ago? And how could it be that Israel is trying to kill innocents when the ratio of civilian-to-combatant casualties is lower than that of other urban wars fought in even less-difficult conditions?

Dave Rich, an Associate Research Fellow at the Pears Institute for the Study of Anti-Semitism, writes extensively about the intersection of anti-Israel activism, far-left politics, and modern antisemitism. He observes that people respond to the genocide charge through facts and data: Israel’s supporters take the charge of genocide on its face, as an evidence-based allegation of a crime, and try to construct the case for the defence. But there is no defence, because the charge is not made on that basis, or for that purpose, he states. 

The term “genocide,” he notes in “From Be’eri to Bondi: Global Antisemitism After October 7, published in Fathom, October 2026, has shed its legal meaning and become a political label, whose antithesis is “resistance.” These two terms represent two states of being: in a colonial setting, either you are engaging in genocide or you are resisting it. There is no middle ground. “Israel is condemned as genocidal, not by observation, but through logical deduction: Israel is colonial, therefore by definition it is genocidal. It cannot be otherwise. And Gaza represents resistance against the entire Western colonial and capitalist power structure.”

Maia Zelkha, editor-in-chief of Yad Mizrah, a Sephardi and Mizrahi cultural magazine, also contends that the left employs the word “genocide” as an ideological weapon. “Before Israel had even launched its ground invasion of Gaza, and before there was any evidentiary record of Israel’s military campaign,” she writes, in her article “Genocide and Its Jurors,” in Quillette, Sept. 24, 2026, many leftist groups “were already describing Israel’s response as genocide.”

On Oct. 8, just a day after Hamas’s massacre and kidnappings, thousands of demonstrators gathered in New York’s Times Square in an “All Out for Palestine” rally to support “Palestinian resistance.” Within days, other organizations were issuing statements describing Israel’s unfolding military response as genocide, situated within a pre-existing theory of Israel as a colonial project that had produced genocidal dehumanisation. Prominent academics, human-rights organisations, activists, journalists, and public intellectuals described Israel’s conduct as genocidal.

Although the conviction that Israel is committing genocide against the Palestinians is not new, it has garnered ever more strength since the beginning of this war. In March 2024, the UN special rapporteur on the Palestinian territories, Francesca Albanese, published a report alleging that the Israeli war in Gaza constituted a genocide. In December of the same year, both Amnesty International and Human Rights Watch did the same. Then in July 2025 came both Physicians for Human Rights and B’Tselem, followed almost immediately by the International Association of Genocide Scholars. A resolution from the latter organization requires a two-thirds vote of its members, academics in the field of genocide studies, to pass. One would be hard-pressed to find a more reputable source for the libel.

On Sept. 16, 2025, a UN Commission of Inquiry concluded that Israel was committing genocide in Gaza; other prominent left-wing organisations and scholars have reached the same conclusion. And finally, on Oct. 9, the Norwegian Nobel Committee announced that it awarded the Nobel Peace Prize for 2026 to South African judge Navanethem “Navi” Pillay, who led the 2025 UN commission that found Israel guilty of genocide against the Palestinians while completely ignoring many of the world’s worst human rights abusers, including, of course, Hamas. Pillay’s commission found that Hamas and other Palestinian armed groups committed war crimes. Yet it accused Israel of genocide. This is a staggering moral inversion. And now the award of the Nobel; this appears to be the greatest possible legitimization of the now-established consensus about Israel’s war in Gaza. The icing on the cake!

But remember this: When a jihadist terrorist organization like Hamas applauds a Nobel Peace Prize, the moral judgment of the Nobel Peace Prize Committee should rightly be called into question.