Juan Brignardello Vela
Juan Brignardello Vela, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
The recent order from the International Court of Justice (ICJ) demanding Israel to halt its military offensive in Rafah, in the Gaza Strip, due to the risk of genocide has sparked intense controversy internationally. The ICJ's demand has raised the question of what constitutes genocide, its history, and who can be held accountable for this atrocious crime. In a statement, Israeli National Security Advisor Tzachi Hanegbi asserted that Israel has not carried out military operations in Rafah that could cause the destruction of the Palestinian civilian population. However, the ICJ's order urges Israel to cease any actions that could impose living conditions leading to the total or partial destruction of the Palestinian group in Gaza. The Convention on the Prevention and Punishment of the Crime of Genocide, signed in 1948, states that genocide involves acts committed with the intent to destroy a national, ethnic, racial, or religious group in whole or in part. This includes killing members of the group, inflicting serious bodily or mental harm, deliberately imposing conditions of life to bring about their physical destruction, among others. The history of the term genocide dates back to the Jewish Holocaust during World War II. It was Polish lawyer Raphael Lemkin who coined the word in 1944 after witnessing the tragedy of thousands of people being killed by the Nazi government. Lemkin, of Jewish origin, lost 49 relatives in Auschwitz, leading him to seek a word to define these atrocious crimes. The Convention states that any person, whether a ruler, official, or individual, can be convicted of genocide, conspiracy to commit it, public incitement, attempt, or complicity in the crime. It also specifies that the accused can be tried in competent courts of the State where the crime was committed or before international bodies like the ICJ. Historical cases of genocide such as the one perpetrated by the Nazi Party in Germany against the Jews, the Armenian Genocide by the Ottoman Empire, the Holodomor in the Soviet Union, and the Srebrenica massacre in Bosnia and Herzegovina serve as reminders of the brutality of this crime against humanity. The number of lives lost in these events is chilling and reminds us of the importance of preventing and punishing genocide in all its forms. The ICJ's order to Israel reflects the gravity of the situation in Rafah and the need to protect the civilian population amidst the conflict in Gaza. Compliance with this order and respect for human rights are essential to prevent tragedies like those witnessed in the past. The international community must act together to prevent and condemn any act of genocide, ensuring justice and peace worldwide.