Israel's war against Gasha has caused a large number of Palestinian civilians. Whether it can prove that it is deliberate and inevitable, it is difficult.
In December 2023, South Africa sued the International Court (ICJ) for extinction in the Gaza Strip race in the Gaza Strip.Prior to this, in February 2022, Ukraine sued the International Court of Russia's extinction.At this point, the Russian and Ukraine War and the Evi War have been tried by the International Court.
The International Court is a major judicial organs of the United Nations. It resolves legal disputes between countries in accordance with international law, and has issued consulting opinions on legal issues raised by the United Nations and specialized agencies.In order to trial the war crime during the disintegration of Yugoslavia, the United Nations established an international criminal court (referred to as Qiannan Court) for the former Yugoslavia issue.
The worst crime
Genocide is the most serious crime.The Convention on the Convention on the Sin of Extraordinary Race is called "in the history, and the disaster of human behavior is miserable."The Convention called it for extinction.Because racial extinction is currently the mainstream name, this article is used in use, but the original text is not changed during the convention.
In accordance with the provisions of the Convention, the extinction race refers to the deliberate or partially eliminating a nation, human beings, race or religious groups, and offend one of the following behaviors:
1. Kill the members of the group;
Second, the members of the group suffer seriously or mentally;
Three, deliberately put the group under some kind of living conditions to destroy all or local life;
Four, forced implementation methods to prevent fertility in the group;
5. Forced transfer of children from the group to another group.
The earliest racial extinction case accepted by the International Court was the 1993 Bosnia -Herzegovina vs. Yugoslav.The full name of the defendant was the Republic of Yugoslavia Alliance, which later renamed Serbia and Heishan, and eventually appeared in court by representatives of the Republic of Serbia.
During theBosnia -Herzegovina war, Serbian armed forces in Srab Reinician to massacre more than 7,000 men (that is, Muslims of Persia).Former South Court believed that one -fifth of the Persianiacs who were slaughtered by the Persianiak of Sirebrenica.Considering that most of them are officially listed as the missing person, their spouse cannot remarry and give birth, which may lead to the extinction of the family in this region (see paragraph 28 of the Cordi Case Appeal Judgment).
In 2007, the International Court of Bosniac Cases in the Bosnia and Herzegovina believed that the actions of the army members of the Bosnia -Herdered Republic (formally referred to as the Republic of the Spascan) were racial extinction;, But violated the obligation to prevent and punish racial extinction.
In popular languages, Srab Reincha's racial extinction is the internal behavior of Bosnia and Herzegovina, which has nothing to do with Serbia.This result disappointed the Persiak.At that time, the political struggle in Bosnia and Herzegovinated fiercely.The Persiake wants to weaken the Serbia Republic by judgment and even want to ban it.
The second racial extinction case accepted by the International Court was the Croatian Case in 1999.Serbia's counterclaim accused Croatia's extinction against Serbia.The court made a judgment in 2015 to reject Croatia's claims and Serbia's counterclaim requests.
It is difficult to confirm that the crime of national offenders is difficult
From the above cases, two conclusions can be obtained.First, whether the international court accepts the prosecution of racial extinction is a plan focus.There were a lot of previous litigation disputes, and it took a lot of time and resources.For details, please refer to the jurisdiction disputes of the three international cases of the Humble Works of the South League.
Second, it is difficult to confirm that the country's crime of racial extinction is difficult.There were many battles during the disintegration of Yugoslavia. Only Srab Reinica's killing behavior was identified as racial extinction, and this behavior was racial extinction between domestic nations, not between the country.
To confirm that the crime of racial extinction must meet two conditions: the person who massacre meets a certain proportion, which may lead to the extinction of the group in a certain area; the killings and other behaviors are deliberate and inevitable.Israel's war against Gasha has led to a large number of Palestinian civilians. Whether it can prove that it is deliberate and inevitable, it is difficult.
If Russia or Israel is convicted of racial extinction by the international court, it will be unprecedented and far -reaching events.The significance is very significant from the perspective of politics, military, or international law.Think about it, what kind of impact will a country be sentenced to ethnic extinction, and what will happen to the reputation of this country!Even Germany and Japan launched World War II, which were not convicted of the country.
The author is a legal scholar