The study of the Genocide Zionist Regime against the people of the Gaza (From 7 October 2023 to 19 January 2025)

Document Type : Original Article

Authors

1 Ph.D. Student in General international law, North of Tehran Branch, Islamic Azad University , Tehran ,Iran.

2 Assistant Prof. of General international law, Department , North of Tehran Branch, Islamic Azad University , Tehran ,Iran

Abstract
Although genocide is recognized as the most heinous crime in international criminal law, the international community has repeatedly witnessed its occurrence against the Palestinian people by the Israeli regime since 1948. Considering that the intensity of these actions increased significantly after 7 October 2023, the present study, using a descriptive–analytical method, seeks to answer two main questions: whether the killing of Palestinians in Gaza by the Israeli regime can be considered an instance of the crime of genocide, and what measures the international system has adopted to prevent impunity for such crimes. The theoretical framework of this research is based on international criminal law and the legal elements of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. It is also informed by the approach of combating impunity in international criminal justice, alongside an analytical application of realism in international relations. The findings indicate that the recent attacks—considering the large‑scale killing of civilians, destruction of vital infrastructure, widespread displacement, and the imposition of destructive living conditions on Gaza’s population—can potentially correspond with the legal elements of genocide. Nevertheless, despite the criminalization of genocide in international legal instruments, weak enforcement mechanisms and the influence of major powers within international institutions have significantly hindered effective accountability and the punishment of perpetrators.

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