Genocide is one of the four categories of crimes over which the International Criminal Court (ICC) has jurisdiction. South Africa's lawsuit against Israel is uncertain in light of precedent, but there are other international crimes into which the military operation in Gaza could fit.

The core of criminal law is to protect the fundamental assets of the individual against the excesses of power. On the other hand, the term genocide carries a risk of political manipulation that entails the risk of using it as an excuse to attack Ukraine.