More than 75 senior retired U.S. military leaders and legal experts signed an open letter on Wednesday rejecting allegations that Israel has committed genocide in Gaza.
The letter, organized by the Jewish Institute for National Security of America, or JINSA, was released on the third anniversary of Hamas-led terrorist attacks in southern Israel on Oct. 7, 2023. Its signatories include generals, admirals and military lawyers, including former commanders of U.S. armed forces in combat.
“Civilian deaths occurring during combat, however tragic, are insufficient, by themselves, to support a finding of genocidal intent,” the letter states, arguing that military conduct must be assessed under established laws and standards governing armed conflict.
The 1948 Genocide Convention defines genocide as certain acts committed with intent to destroy, in whole or in part, a protected national, ethnic, racial, or religious group.
The signatories argue that Israel has taken extensive measures to protect civilians in Gaza while fighting Hamas, including advance warnings, evacuation instructions, protected corridors, tactical pauses and legal reviews of targets. They also point to instances in which Israel canceled strikes because of the presence of civilians.
The letter also criticizes arguments that rely primarily on Gaza casualty figures, noting that figures provided by Hamas do not distinguish between civilians and combatants.
“This is not an argument for minimizing the suffering of civilians. It is an argument for applying the law faithfully and maintaining the distinctions that matter: between the tragic consequences of war, violations of the laws of armed conflict and the specific crime of genocide,” the letter reads.
Ireland has intervened in South Africa’s genocide case against Israel at the International Court of Justice, stating that it seeks to broaden the court’s interpretation of genocide. The ICJ has not yet ruled on the merits of South Africa’s allegations.
“The precedent established today regarding Israel will shape the conditions under which American forces fight tomorrow,” the letter states. “Protecting civilians and preserving the ability of our nation to defend itself requires us to defend the truth when the laws of war are being distorted to make false charges of genocide.”
