Seventy-five retired senior military leaders and legal experts rejected accusations that Israel committed genocide in Gaza, arguing in an open letter released by the Jewish Institute for National Security of America that Israel’s conduct does not meet the legal definition of genocide.
The letter, issued in Washington, DC, on the third anniversary of Hamas’ October 7, 2023, attack, said genocide requires evidence of an intention to destroy a national, ethnic, racial or religious group in whole or in part. The signatories maintained that Israel neither intended to destroy nor destroyed Palestinians as a group in Gaza.
They also challenged arguments based primarily on Gaza casualty figures, saying genocide is not determined by the number of deaths. The letter questioned figures issued by Hamas, noting that they do not distinguish between civilians and combatants.
According to the signatories, civilian deaths during combat are not sufficient on their own to establish genocidal intent. Many of those signing the letter commanded US forces against enemies operating among civilian populations, they said.
The letter cited assessments by some signatories that found the Israel Defense Forces took extensive precautions to reduce civilian casualties, including advance warnings, evacuation instructions, protected corridors and tactical pauses. It said strikes were repeatedly canceled because civilians were present and that Israel Defense Forces (IDF)procedures include legal reviews of targets.
The signatories also pointed to humanitarian assistance entering Gaza, saying more than 3.5 million tons of food, 48,000 tons of medical supplies and 5,000 tons of baby food were delivered, while Israel supplied up to 15,000 cubic meters of desalinated water per day. More than half a million Gazan children were vaccinated during the war, and about 5,000 Gazans were evacuated for medical treatment abroad, according to the letter.
While condemning inflammatory statements by Israeli political officials, the signatories argued that comments by politicians outside military decision-making did not represent IDF operations.
They warned that applying genocide allegations without sufficient factual and legal grounds could encourage future adversaries to deliberately place civilians at risk and affect how American forces are able to operate in future conflicts.