Schabas: US, Germany Could Be Liable in Gaza Genocide

In an exclusive ECPS interview, genocide expert Professor William Schabas warns Gaza is a “litmus test” for international justice, with South Africa’s ICJ case against Israel the “strongest ever,” citing military actions and official statements as evidence of genocidal intent.

Third-party nations such as the US and Germany face the risk of being complicit through their aid, as Schabas points out how Netanyahu’s populist rhetoric exacerbates atrocities, thereby urging that accountability measures are essential to prevent a “two-tier” judicial system.

Professor Schabas: US, Germany, and Others Could Be Held Liable as Accomplices to Genocide in Gaza

Why it matters: The situation in Gaza puts the credibility of global institutions like the ICJ and ICC under scrutiny—if influential countries sidestep accountability, it compromises human rights globally, cementing double standards where “our adversaries commit genocide, not our allies.”

Schabas contends that this double standard undermines Europe’s moral standing on human rights issues, revealing a system that preaches to the Global South yet turns a blind eye to allies’ breaches, potentially diminishing the universality and enforcement power of international law.

Driving the news: In his evaluation during an ECPS interview, Schabas examines Gaza through the lens of international law, asserting that Israel’s actions fit the genocide criteria set by the Convention, with intent deduced from behavioral patterns and statements by leaders like Yoav Gallant regarding supply cutoffs.

  • He draws parallels to Rwanda and Namibia, noting populist incitement mobilizes atrocities.
  • Third states providing aid face liability as accomplices under Article III.
  • Western reluctance to label Gaza a genocide exposes hypocrisy, damaging their human rights moral authority.

These revelations transition into the background of Schabas’ expertise and the case’s origins.

Catch up quick: Schabas, stemming from a Holocaust survivor lineage and a leading authority on genocide, views South Africa’s ICJ case as particularly compelling, offering evidence beyond circumstantial, including explicit policy measures.

The interview places Gaza within broader discussions on populism and accountability, advocating for a reassessment of frameworks to avert atrocities amid the rise of authoritarianism, which opens up intriguing historical parallels.

The intrigue: Schabas compares Gaza to Germany’s 1904 Namibia genocide—a colonial response to rebellion—warning against simplistic analogies but noting recurring populist narratives in mass violence, including Netanyahu’s framing of Palestinians as existential threats that mobilize support for atrocities. This segues into deeper legal subtext.

Between the lines: Israel’s self-defense claim fails as Gaza’s occupation is unlawful, per ICJ—states can’t invoke defense while acting illegally, like a robber shooting police.

“You cannot claim self-defense while engaging in unlawful actions. It’s like a bank robber who fires on the police because they’re firing on him—he can’t go to court and invoke self-defense, because he is, by definition, acting unlawfully,” Schabas explained.

Western inconsistencies, pushing liberal genocide interpretations in cases like Myanmar but stricter ones for Israel allies, risk embarrassing them in court and exposing a rigged system.

“This inconsistency will likely embarrass Germany and others before the ICJ when lawyers point out that they argue one thing in one case and the opposite in another.” This flows into reactions from key voices.

What they’re saying:

  • “WOW! Prof. W. Schabas… believes the case against Israel is ‘arguably the strongest case of genocide ever brought before the Court’ and that the US & Germany risk legal liability as ‘accomplices to genocide,’” Trita Parsi tweeted, amplifying Schabas’ warnings.

These statements capture the discourse, leading to the conclusive implications.

The bottom line: Gaza demands consistent standards from ICJ and ICC to restore trust—failure risks entrenching two-tier justice, but enforcing prevention duties on enablers like the US could redefine accountability for powerful states in future conflicts, potentially reshaping global governance and urging states to prioritize law over alliances.

You May Also Like
South Loop, Chicago crime: Battle over access to evidence in case of Adam Beckerink, accused of murdering wife Caitlin Tracey

Legal Dispute Intensifies Over Evidence in South Loop Murder Case of Caitlin Tracey

CHICAGO (WLS) — The defense team for Adam Beckerink is actively working…
Trump says Israel, Iran must 'stop shooting' after airstrikes rock Tehran

Trump Urges Ceasefire Between Israel and Iran Amid Airstrikes in Tehran

On Monday, President Trump urged both Israel and Iran to halt their…
Pima County Sheriff issues alert for kidnapping suspect 7 miles from  Nancy Guthrie's home

Urgent Alert: Kidnapping Suspect Sought Near Nancy Guthrie’s Residence in Pima County

In a new twist to the investigation surrounding the disappearance of 84-year-old…
Lead Mangione detective says silencer found in case was unlike anything he'd seen in 25 years

Unprecedented Discovery: Detective Unveils Unique Silencer in Mangione Case After 25 Years of Experience

Judge allows gun, notebook as evidence in Mangione murder trial Renowned criminal…
DOJ moves to strip citizenship from 17 people accused of hiding disturbing crimes

DOJ Targets Citizenship of 17 Individuals Accused of Concealing Heinous Crimes

The Justice Department revealed on Monday its plans to strip citizenship from…
Father and twin sons, 10, shot in 'murder-suicide' at Canoga Park

Tragic Incident: Father and Twin Boys, 10, Killed in Canoga Park Shooting

A tragic incident unfolded during a family gathering, where a father and…
Rogue swimmer arrested after diving into 11-acre Central Park lake in failed attempt to escape NYPD

Rogue Swimmer’s Daring Central Park Lake Escape Thwarted by NYPD: Arrested After 11-Acre Dive

A daring swimmer trying to elude capture was apprehended by New York…
Chicago shooting: Boy, 13, charged in shooting of 4 children in Bronzeville, Chicago police say

Shocking Turn of Events: 13-Year-Old Charged in Bronzeville Mass Shooting of Four Children

CHICAGO (WLS) — A young teenager has been arrested and charged in…
Fox News True Crime Newsletter: Alex Murdaugh's money man, Charles Manson's cult, 'Smiley Face' killer theory

New Judge Assigned to Alex Murdaugh Case as Supreme Court Decision Paves Way for Retrial

Court overturns Alex Murdaugh’s murder convictions In a significant development, the South…
American Airlines flight attendant killed in tourist hot spot as investigators probe suspected boat strike

Tragic Incident: American Airlines Crew Member Dies in Popular Tourist Destination, Authorities Investigate Boat Involvement

American woman missing at sea, FBI expert weighs in on Bahamas boat…
Indiana boy Jagger Wing, 5, dies during sleepover at pal's house

Tragic Loss: 5-Year-Old Jagger Wing Passes Away During Sleepover in Indiana

In a heartbreaking turn of events, a five-year-old boy, known for his…
Penn Station slashing suspect was free despite eerily similar 2022 attack: records

Penn Station Stabbing Suspect Released Despite Similar 2022 Incident, Records Reveal

Hector Deleon, a homeless man accused of attacking five people with a…