The Lawfare Podcast Lawfare Archive: Is Complying with the Law of War a Defense to Genocide?
Aug 3, 2025
In this engaging discussion, Gabor Rona, a Professor of Practice at Cardozo Law specializing in international humanitarian law, and Natalie Orpett, Executive Editor at Lawfare with expertise in national security law, dissect the complex intersection of armed conflict laws and the Genocide Convention. They explore whether legal compliance can defend against genocide accusations, particularly in light of Israel's actions in Gaza. The conversation delves into the nuances of military necessity, the role of AI in accountability, and the pressing implications for future legal accountability in wartime conduct.
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Episode notes
IHL Compliance Isn't Genocide Defense
- International humanitarian law (IHL) compliance does not automatically exclude genocide violations.
- These are separate legal frameworks, and conformity with one does not negate possible violation of the other.
Genocide Requires Specific Intent
- Genocide requires specific intent to destroy a national, ethnic, racial, or religious group.
- Acts themselves are not enough; intent to partially or wholly destroy the group is essential.
IHL Principles Are Fuzzy,Lenient
- IHL sets principles like distinction, proportionality, and precaution, but lacks precise metrics for application.
- This imprecision tolerates some civilian harm while balancing military necessity and protection.
