Análise jurídica das ações de Israel após 7 de outubro de 2023 sob à luz da convenção para a prevenção e a repressão do crime de genocídio

Abstract

This thesis provides a legal analysis of Israel's actions following the attack carried out by Hamas on October 7, 2023, in light of the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The study addresses the growing international concern over the humanitarian and legal implications of these operations in the Occupied Palestinian Territories, particularly in Gaza, and seeks to evaluate whether such actions can be classified as genocide under international law. The general objective of the research is to investigate whether Israel’s actions constitute genocide according to the parameters of the 1948 Convention. The specific objectives include: (i) analyze the historical and political context of the Israeli-Palestinian conflict; (ii) discuss the principles and challenges of applying the Genocide Convention in contemporary international law; (iii) examine Israel’s military operations based on the principles of proportionality, distinction, and necessity in humanitarian law; and (iv) identify whether the actions meet the legal criteria for genocide, considering the concept of dolus specialis. The adopted methodology is qualitative, centered on a bibliographic review of primary sources, such as international treaties and judicial decisions, and secondary sources, including academic literature on genocide and humanitarian law. The descriptive and analytical approach aimed to link post-October 7 events to the applicable legal norms to assess whether Israel’s conduct violates international law. The results indicate that Israel’s actions, such as bombings in densely populated areas, severe blockades depriving the population of essential needs, and the destruction of civilian infrastructure, constitute genocidal acts according to the 1948 Convention. Evidence of genocidal intent (dolus specialis) is observed in public statements by Israeli authorities and the scale of military operations, indicating a deliberate attempt to partially destroy the Palestinian population. The research concludes that urgent international intervention and accountability for those responsible are required under international law.