Israel don take enough action to prevent pipo statements wey fit lead to genocide?

“Burn Gaza now, notin less!” Wen di deputy speaker of Israel parliament, di Knesset, post dis comment on X for November, di platform block am and ask am to delete di post.

Nissim Vaturi do wetin dem tell am, and dem don reactivate im account since, but im no apologise.

Im comment na one of di many controversial statements wey some high-profile Israelis don make as di kontri armed forces carry out air strikes and ground operations for Gaza, in response to Hamas deadly attack on Israel on 7 October.

On di day of di attacks, im bin post: “Now we all get one common goal - erasing Gaza Strip from di face of di Earth.”

South Africa bin cite dat post, wey pipo still fit see ontop X, for dia case against Israel for International Court of Justice (ICJ), wia South Africa allege say Israel dey commit genocide against Palestinians, for Gaza war.

Israel call di case "wholly unfounded" and say e dey base on "biased and false claims".

As part of one interim judgement for January, di ICJ rule say Israel gatz prevent public statements wey dey incite genocide.

Although di court no get di power to enforce dis, Israel agree to submit one report wit details of action wey e don take to investigate and prosecute possible instances of incitement.

Di court confam say dem bin receive di report for February, but e no allow di public see wetin dey inside di report.

Some legal experts believe say Israel no dey do enough to investigate potential cases. “Israelis wey incite genocide or use genocidal rhetoric get immunity from prosecution,” Israeli human rights lawyer, Michael Sfard, tok.

Proving incitement to genocide, wey be crime under international and Israeli law dey difficult.

BBC don torchlight several pronouncements wey don occur since di ICJ order to see if dem fit break di ruling and consult legal experts for dia assessment.

And although dem direct dis judgement at Israel, we don also torchlight di language wey Hamas officials wey don make speeches about repeating dia attack of 7 October, bin use.

One pro-Palestinian human rights organisation wey be network of experts and researchers around di world wey dey monitor di conflict, Law for Palestine, don look at cases wia dem believe say Israeli officials plus oda public figures incite genocide.

Im list include some statements by Israel National Security Minister Itamar Ben-Gvir.

Ben-Gvir don dey campaign for one policy wey go encourage Palestinians to leave Gaza, and tok say make Israelis settle dia.

Im dey lead one ultranationalist party wey pipo dey widely criticise for supporting racially discriminatory, anti-Arab policies.

Israeli court bin don convict am bifor – dis na bifor im enta goment – for inciting racism and supporting terrorism.

Two days afta di ICJ ruling for January, im advocate for one policy to encourage Palestinians to leave Gaza and replace dem wit Israeli settlers. Im say dis na to avoid repeat of Hamas attack on Israel “we need to return home and control di territory [Gaza]… encourage migration and give death penalty to terrorists”, proposing say any emigration suppose dey voluntary.

“We consider di call to displace di Gaza population as part of ethnic cleansing wey dey go on for Gaza,” Law for Palestine founder, Ihsan Adel tok.

Im believe say dem suppose consider di calls as incitement to genocide, and say genocide dey happun – accusation wey Israel deny.

No be evri one agree wit im assessment. “I definitely no go defend dat kain statements, but dem no rise to di level of genocide,” Anne Herzberg tok. She be legal adviser for NGO Monitor, wey report on international NGO activity from pro-Israel perspective.

Ben-Gvir and Vaturi no respond to BBC requests for comment.

Di link between wetin politicians say and wetin Israeli soldiers say na di main part of South Africa case for ICJ.

For one YouTube video from late 2023, you fit hear one group of Israel Defense Forces (IDF) soldiers dey chant: “Occupy, expel and settle.” And soldiers don make oda videos since di ICJ ruling for January mocking and celebrating di destruction of Gaza.

Di IDF tell us say dem torchlight reports of videos online and if dem suspect any criminal offence, di military police go investigate and “in some of di examined cases, dem conclude say di expression or behaviour of di soldiers for di video no dey appropriate, and e dey handled accordingly”.

Di spotlight don also fall on Israel religious leaders.

Rabbi Eliyahu Mali attract attention afta im give one tok for March for one conference for Israel Zionist yeshivas - Jewish religious schools wit strong belief in di State of Israel.

Rabbi Mali na head of one yeshiva wey be part of one network wey receive funding from Israel Ministry of Defence. Im students dey mix Torah study wit military service.

Im describe di tok as about di “treatment of di civilian population for Gaza during di war”.

Dem share one video about am online. After citing one 12th Century Jewish scholar on holy wars, Rabbi Mali say: “[And if so] di basic rule wey we get wen we dey fight mitzvah war, for dis case Gaza, according to di scriptures, ‘You no suppose let one soul remain alive,’ di explanation dey veri clear - if you no kill dem, dem go kill you.”

For Judaism, mitzvah war na one wey include defending Jewish life and sovereignty and dem consider am as somtin wey pesin no get choice but to do am.

We contact Rabbi Mali and dem send us one response on im behalf, wey say im words dey “grossly misrepresented by excerpts wey dem take out of context”.

Dem say im bin set out wetin di position bin be for ancient times but im “make am veri clear say anyone following di Biblical commandment today go cause di army and di kontri extreme harm” and say under national law “e dey forbidden to harm civilian population from child to old man”.

We watch di full tok and on few occasions im remind di audience of dis points, including for di conclusion, and also say for di start: “You need to do exactly wetin di army orders say.”

However, during di tok, im specifically mention di pipo of Gaza saying: “I tink difference dey between di civilian population for oda places and di civilian population for Gaza,” adding one claim witout proof say “95% to 98% dey interested in our death, dat na majority, dat dey shocking.”

Wen one audience member ask about babies im reply: ”Di same… Di Torah dey say: ‘You no suppose let any soul remain alive’… Today im na baby, tomorrow im go be boy, tomorrow im go be warrior.”

For di tok, di rabbi also repeat wetin im tell im son, wey go fight afta di 7 October attacks.

Im say make im “kill evritin wey dey move”. Im explain im position by adding say im son commander tell am di same tin and im instruct im son to “listen to di commander orders”.

Later, im warn say im no expect soldiers to do wetin dey inside di Torah.

Im say if di laws of di state contradict di laws of di Torah, na di state law dem suppose follow and “di laws of di state only want to kill di terrorists and not di civilian population”.

Eitay Mack, wey be lawyer from di Israeli group Tag Meir wey dey campaigns against racism and discrimination, say im don ask police to investigate di rabbi on suspicion of incitement to commit genocide, violence and terrorism.

E say im still dey wait to hear if dem go do di investigation wey im request for.

Anoda claim by South Africa for di ICJ hearing na about “genocidal messages wey Israeli media bin dey broadcast routinely - witout censure or sanction”.

For February, on di right-wing Channel 14, journalist Yaki Adamker tok say: "Di Gazans, as far as e dey concern, fit dey starve to death. Why e care about dem?”

For April, Israeli journalist on di most-watched channel for di kontri, Channel 12, Yehuda Schlesinger, tok similar tin: “No innocents in di Gaza Strip, e no dey. Dem vote for Hamas, dem want Hamas."

For Anne Herzberg, from NGO Monitor, dis fit show “disturbing lack of empathy for pipo in Gaza and wetin dem dey go through,” but “e no dey call for genocide”.

Di BBC contact both broadcasters but dem no receive response. Yehuda Schlesinger reply and highlight di atrocities of 7 October.

Wen e come to weda di authorities fit regulate wetin dem dey broadcast more tightly, Israeli human rights lawyer Michael Sfard warn say “regulators, wey be di state, don make sure di public broadcasting no dey exploited” by pipo wey dey make provocative comments.

While di ICJ ruling on preventing inciting genocide dey directed at Israel, Hamas don chop accuse say dem make statements wit “genocidal intent”.

“Di annihilationist language of Hamas charter, leaders dey repeat am regularly,” Tal Becker wey be legal adviser to Israel Foreign Ministry, tok.

For 2021, Yahya Sinwar, wey just become di overall leader of Hamas tok say: “We support di elimination of Israel through jihad and arm struggle, dis na our doctrine.”

And, more recently, some Hamas officials don claim say dem wan repeat di 7 October attacks, wia about 1,200 pipo die - mostly civilians - and dem kidnap 251.

For November, member of Hamas political bureau, Ghazi Hamad, tok “We gatz teach Israel lesson and we go do dis again and again.”

Around di same time, Hamas leader abroad, Khaled Mashaal, tok say 7 October “open highway toward eliminating Israel".

Hamas no respond to di BBC request for comment.

Many wan see say dem hold di group to account. Di US, UK, EU and oda kontri bin label Hamas as terrorist organisation.

“E dey quite clear say dem get genocidal intent, and we dey hear veri little about investigating Hamas, and I tink say na di real missing piece in dis entire conflict,” Anne Herzberg from NGO Monitor tok.

Di UN special rapporteur on human rights in di occupied Palestinian territories, Francesca Albanese - wey her own criticism of Israel action dey strongly contested, in particular for Israel and di United States - agree say make dem hold Hamas leaders accountable. But she say: “Wen assessing genocide, one go need to look at di words wey di leaders dey tok, but also di capacity to commit genocide, wey Hamas no get.”

Unlike Israel, dem no fit take Hamas to di ICJ becos e no be state. However different body, di International Criminal Court (ICC), fit hold individuals to account. For May, prosecutor apply for arrest warrant for Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh (Israel tok say dem don kill Deif for Gaza while dem kill Haniyeh for Iran) for crimes against humanity, and war crimes.

E also ask for warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant. Both Hamas and Israel react wit vex.

As for wetin Israeli authorities dey do to prevent and prosecute pipo suspected of inciting violence, di kontri attorney general and state attorney don acknowledge any statements calling for intentional harm to civilians “fit amount to criminal offence, including di offence of incitement”. Just bifor di ICJ hearing for January, dem say dem don examine several cases.

Recently however, Haaretz report say di state prosecutor recommend say no criminal investigations go open against senior public figures, including ministers and members of Knesset, wey don "call for harm to civilians in di Gaza Strip”. Di final decision rest wit di attorney general.

Di BBC contact Israel state attorney, police commissioner and Ministry of Justice for comment. Na only di Ministry of Justice reply, and dem tok say dem need to balance “di constitutional right to freedom of speech… while safeguarding against harmful incitement”. E add: “Law enforcement authorities constantly act to curtail incitement offences, and dis effort dey prioritised by Israel attorney general in recent months.”

And as di ICJ continue to work towards final ruling for di case, pipo continue to die - since October, more dan 40,000 Palestinians don die for Gaza, according to Hamas-run health ministry.