Gaza Documentation Project

Legal Context

The Genocide Convention

The Convention on the Prevention and Punishment of the Crime of Genocide (1948) defines genocide as specific acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.

The legal definition requires both:

Determination of genocide is a legal finding made by competent courts, not by governments, media, or individuals.

International Court of Justice (ICJ)

The ICJ adjudicates disputes between states. It does not conduct criminal trials. Its role in the present case is to assess state responsibility under international law.

Provisional measures issued by the Court are not final judgments. They are binding orders intended to prevent irreparable harm while a case proceeds.

International Criminal Court (ICC)

The ICC prosecutes individuals for crimes such as war crimes, crimes against humanity, and genocide.

Arrest warrant applications or investigations do not constitute findings of guilt. Criminal responsibility is determined only after judicial proceedings.

UN Security Council and General Assembly

UN bodies may pass resolutions, demand ceasefires, or call for humanitarian access. These are political and diplomatic instruments rather than judicial rulings.

Distinction Between Legal Determinations and Public Claims

Public discourse often uses legal terminology informally. This archive distinguishes between:

Only judicial bodies can make binding legal determinations.

Status of Ongoing Proceedings

Cases relating to Gaza remain active and evolving. Final determinations may take years due to evidentiary review, jurisdictional challenges, and procedural stages.