Over 75 retired US military leaders, legal experts reject Gaza genocide allegations

More than 75 retired senior US military officers and legal experts have signed an open letter rejecting allegations that Israel committed genocide in Gaza, three years after Hamas' October 7, 2023, attack. The letter, organized by the Jewish Institute for National Security of America (JINSA), asserts the allegations are unsupported by facts and fail to meet the legal definition of genocide.

Former military commanders argue that even severe civilian casualties do not establish the specific intent required for a genocide finding. They emphasize that Israel has neither demonstrated intent to destroy the Palestinian population nor conducted its military campaign with such intent. JINSA President Michael Makovsky criticized the accusations as "obscene," stating they "distort the truth, the facts, and the law."

The letter highlights measures Israel took to protect civilians, such as advance warnings, evacuation instructions, and tactical pauses. The signatories argue that protecting civilians can result in harm even when following the laws of armed conflict. They distinguish between inflammatory political rhetoric and the IDF's conduct, condemning the former but noting that it alone cannot prove genocidal intent.

The letter warns that lowering the genocide threshold could embolden adversaries to exploit civilian harm in future conflicts, potentially tarnishing the reputation of US forces. They urge those making genocide allegations to adhere to the Genocide Convention's legal requirements and differentiate between civilian suffering from warfare, potential legal violations, and the distinct crime of genocide.