A/HRC/55/73 · 25 March 2024 · Anatomy of a Genocide · Evidentiary standard · Three genocidal patterns03 / 07
A/HRC/55/73. 25 March 2024. "Reasonable grounds to conclude that acts prohibited by the Genocide Convention are being committed against Palestinians in Gaza."
The report identifies three genocidal patterns: acts causing mass casualties and physical destruction across Gaza, documented through satellite imagery and mortality data; conditions of life calculated to bring about the physical destruction of the population, documented through supply chain blockade records, medical facility operational data, and humanitarian access records; and measures intended to prevent births, documented through medical records and statements by officials. Every claim cites a primary source. The methodology section states clearly which evidentiary standard is applied: reasonable grounds to believe, consistent with the Rome Statute and the jurisprudence of the International Criminal Court. UN Human Rights Council, A/HRC/55/73, ohchr.org, 25 March 2024.
The International Court of Justice, in its January 2024 provisional measures order in South Africa v. Israel, found that Palestinians in Gaza have a plausible right to be protected from genocide and that irreparable harm was plausible. Albanese's report was submitted two months later and cites that order directly. The ICJ applied a plausibility threshold. Albanese applied a reasonable grounds threshold. Both are below the standard of proof required for a final criminal determination. Both findings are on the public record and neither has been formally contested. ICJ, South Africa v. Israel, Provisional Measures Order, icj-cij.org, 26 January 2024.
Source: UN Human Rights Council, A/HRC/55/73, ohchr.org · ICJ, South Africa v. Israel, icj-cij.org, January 2024