Abstract

Between the two legal concepts of «genocide» and «crime against humanity», the «invention» of two galitian lawyers, both from Leopoli, Raphael Lemkin («genocide») and Hersch Lauterpacht («crimes against humanity»), there is only a difference from genus to species. Genocide can be considered in fact an aggravating circumstance of crimes against humanity, consisting in the specific intent to destroy a religious, ethnic, national, racial group, «as such». The International Court in The Hague stated – on a simply provisional basis – that the charge of genocide, against Israel, is «plausible», and asked Israel to take some essential measures in order to avoid or mitigate the effects of such «plausible» genocide. Considering that the charge requires a specific intent to destroy a group «as such», the crucial question arises, whether Israeli actions in Gaza, directly or indirectly, were aimed at suppressing the Palestinian population «as such», or were only pursued as an accepted «collateral damage» in the fight against Hamas.