Historians will provide their interpretation at some point in the future. But what about legal experts? When it comes to the question of whether a genocide is underway or has been committed by Israel against Palestinians in the Gaza Strip, nearly all of them have an opinion. They have clashed in opinion pieces published in newspapers and scholarly journal articles.
The debate had already been simmering for several months, but with a single sentence, President Emmanuel Macron brought it out into the open in the French public debate. On the evening of May 13, during an interview on broadcaster TF1, journalist Gilles Bouleau abruptly asked the head of state: “Does what is currently happening in Gaza constitute genocide?” Clearly prepared and looking solemn, the president answered without hesitation: “It is not for a political leader to use those terms; that is up to historians, in due time.”
The president neither endorsed nor condemned the use of the word “genocide.” However, by deferring responsibility to historians and the passage of time, he appeared to overlook the fact that several legal proceedings are already underway, both before French courts and before relevant international bodies – the International Court of Justice (ICJ) and the International Criminal Court (ICC), both based in The Hague, Netherlands.
Genocide brought up soon after October 7, 2023
The question of genocide and Gaza is not just a matter for historians to address through archival research. Above all, it is the domain of law experts – prosecutors, investigating judges, and lawyers – who are working directly on complaints, lawsuits, and appeals that have already been filed. For instance, the French National Anti-Terrorism Prosecutor’s Office, which is responsible for investigating cases of torture, war crimes, crimes against humanity, and genocide, requested in May that a probe be opened following a complaint for “complicity in genocide” and “direct incitement to genocide.” This complaint had been filed against French-Israeli activists who obstructed the delivery of humanitarian aid to Gaza in 2023, 2024, and 2025. Only the investigation will determine whether there was complicity, and therefore a genocide, but this process could take several years.
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