Allegations have been made that the 2023 Hamas-led attack on Israel constituted a genocide against Israelis. In the course of the assault, Palestinian militants attacked communities, a music festival, and military bases in the region of southern Israel known as the Gaza envelope. The attack, which has been described as a rampage of atrocities,[1] resulted in the deaths of 1,139 people,[citation needed] two thirds of whom were civilians.[citation needed]Human Rights Watch criticised Hamas and their allies Palestinian Islamic Jihad (PIJ) specifically for the War Crime of taking civilian hostages.[2][citation needed] Thirteen IDF soldiers and 230 other men, women and children of all ages were kidnapped and taken as hostages to the Gaza Strip. A clear violation of international law. Previously Human Rights Watch criticised PIJ for alleged torture and "vigilante" arrests, and demanded that Hamad arrest PIJ.[3]
Both sides of the 2023 Israel-Palestine war have accused the other of genocide. As early as October 10th the Palestinian envoy to the United Nations, Riyad Mansur, described Israel’s actions as "nothing less than genocidal."[4] The day after Yoav Gallant announced the Total Blockade of the Gaza Strip, when Gallant stated that "No electricity, no food, no water, and no fuel" would be allowed into the Gaza Strip.[5] adding "We are fighting human animals and we are acting accordingly."[6][7][8]
Hamas is a Palestinian Nationalist and Sunni Islamist Political Party,[10][11][12] that evolved from the "Islamic resistance" movement (which Hamas is an acronym for) established in 1987, the movement was founded by Ahmed Yassin, a religious scholar born in Al-Jura (now known as Ashkelon),[citation needed] as the underground wing of the Muslim Brotherhood movement in the Gaza Strip, at the beginning of the First Intifada.[13] It now includes political (Hamas itself), social service, and militiant ( Al-Qassam ) wings.[14][15][citation needed] In 2007, the group violently seized control of the Gaza Strip, and has been subsequently involved in multiple wars with Israel.[16] Hamas is recognized as one of the most effective Palestinian groups engaged in conflicts with Israel.[citation needed] Since their takeover of the Gaza Strip, Hamas has fired thousands of rockets toward Israeli population centers.[17]
Litvak characterized Hamas' ideas have been as displaying a certain resemblance to or drawing inspiration from radical salafi-jihadist movements.[citation needed]Irwin Cotler characterized the ideology of Hamas, among others, as an instance of "genocidal antisemitism.”[18] However many others have pointed out the differences between Hamas and Salafists, particularly ISIS, and with other Islamist.
In 1988, Hamas released its founding charter, which - before it was revised in 2017 - called for the destruction of Israel and the establishment of an Islamic state encompassing all areas of former British Mandate Palestine.[19][16]Hamas' 1988 charter contains a demeaning portrayal of the Jewish people and features several anti-Semitic tropes. The assertion is that Jews have no entitlement to any part of Palestinian land.[citation needed] It portrays Israeli society in Nazi-like terms,[20] and assigns collective responsibility to Jews, not just Israelis, for global issues, including both World Wars.[21] Article 7 in the 1988 charter quotes a passage from the Haddith, "The Day of Judgment will not occur until Muslims engage in conflict with Jews and defeat them." Meanwhile, Article 13 dismisses any prospect of compromise or peace until the destruction of Israel is achieved.[4]The demeaning portrayal of the Jewish people in Hamas rhetoric and strategy has led scholars such as Meir Litvak to suggest antisemitism as a pillar of Hamas ideology. Jihad, aiming for "the destruction of Israel and the elimination of the Jews," is identified as another pillar.[citation needed]
Bayefsky characterized the violent language against all Jews in the 1988 charter as genocidal.[22][23][24]
In an effort to moderate their image, Hamas presented a new document in 2017, that some commentators viewed as accepting the concept of an interim Palestinian state along the "Green Line" established before the 1967 Six-Day war. However, it maintained its stance of refusing to recognize Israel.[25]
Hamas consistently state that their dispute is only with the state of Israel. They have corticosteroids attacks on the Jewish diaspora outside Israel in the United States[26] and Germany.[citation needed] However, it could be said this this is not inconsistent with genocidal intent.
On 7 October 2023, coinciding with the Jewish holiday of Simchat Torah, Hamas launched a surprise attack on Israel from the Gaza Strip. Around 2,900 armed Hamas militants infiltrated Israel followed by a few waves of Gazan citizens.[27] The 2,900 militants killed 1,139 people.[citation needed]
The militants overran military sites and massacred dozens of soldiers, and then seized control of Israeli communities and stormed public events, killing 20 children under 15 years old, 675 other Israeli civilians, 373 security forces personnel (), and 71 foreigners.[citation needed] Many of the bodies were burned and mutilated.[28] Another massacre occurred at a music festival near Re'im, where 364 (of the 1139) were shot, bludgeoned, or burned to death.[29][30] Thousands more sustained injuries, hundreds of which were severe.[31]
Al Qassam militants extensively recorded their actions through body cameras, probably for propaganda purposes.[37] They also stole victims' phones to livestream their deaths on social media. Additionally, they posted messages or media on victims' social media accounts and went as far as calling relatives to taunt them.[38]
Documents discovered on the bodies of Hamas operatives in Israel indicated that carrying out massacres was a key objective of the invasion. Israeli first responders reportedly found instructions on the bodies of the operatives, directing them to target civilian populations, including elementary schools and a youth center, with the explicit order to "kill as many people as possible." The documents also outlined the directive to take hostages for future negotiation purposes.[39][40]
In the aftermath of the attack, American counterterrorism analyst Bruce Hoffman underscored the significance of the 1988 Hamas charter, asserting that Hamas has consistently maintained genocidal intentions and demonstrated a lack of interest in "moderation, restraint, negotiation, and the building of pathways to peace."[41]
Ghazi Hamad, a senior Hamas official, stated in a late October 2023 interview that the October 7 attack against Israel was just the beginning. He vowed to launch "a second, a third, a fourth" attack until the country is "annihilated," asserting, "We are victims - everything we do is justified."[42][43] Israeli government officials have made near identical claims that Israel being the victim of the 7 October attacks justifies their subsequent actions,[citation needed] despite many describing those actions as a genocide.[citation needed]
On 16 October, an open letter signed by around 240 legal experts, including jurists and academics, declared the Hamas attack on 7 October 2023 as a "crime of genocide."[45] According to the letter, "as these widespread, horrendous acts appear to have been carried out with an intent to destroy, in whole or in part a national group – Israelis – they most probably constitute an international crime of genocide". The letter was endorsed by legal experts from prominent institutions, including Harvard and Columbia Law Schools, King's College London, and the Hebrew University of Jerusalem. Dan Eldad, former acting State Attorney of Israel from February to May 2020, played a key role in drafting the letter. The Raoul Wallenberg Centre for Human Rights, chaired by former Canadian Justice Minister Irwin Cotler, also signed the letter.[46][47][48]
On 17 October 2023, Genocide Watch published a "Genocide Emergency Alert", stating that "Hamas targeted Israelis simply because they were Israelis. It was the deadliest massacre of Jews since the Holocaust. Iran, Hamas, Hezbollah, and Palestinian Islamic Jihad have expressed their genocidal intent to destroy the nation of Israel. The massacres by Hamas constituted acts of genocide. The attacks were also crimes against humanity and war crimes."[49] On 24 October 2023, Genocide Watch issued a new statement. In the statement, scholars of Holocaust studies and genocide studies and prevention, including Gregory H. Stanton and Israel Charny asserted that Hamas' actions against Israeli civilians qualify as genocide and crimes against humanity. The statement calls on the United Nations Human Rights Council, the UN General Assembly, the UN Office of Special Advisors for the Prevention of Genocide, and the UN Security Council to investigate, condemn, and refer the situation to the International Criminal Court (ICC). It also advocates for the recognition of these acts as genocide, crimes against humanity, and war crimes. The call extends to UN member states to use national courts for legal proceedings against those responsible for the genocide.[50]
In November 2023, a lawyer[who?] representing the families of nine Israeli victims of the 7 October Hamas attacks filed a complaint at the International Criminal Court (ICC) accusing Hamas of genocide. The lawyer affirmed that he and his legal team had verified the legitimacy of the "genocide" accusation in accordance with the law.[51][38]
Hilly Moodrick-Even Khen, a senior lecturer of public international law and chair of Ariel University Center for the Research and Study of Genocide, asserted that the crimes committed by Hamas on October 7 constitute the crime of genocide. She points to evidence such as Hamas' covenant calling for the elimination of the State of Israel and widespread incitement against Jews and Israelis embedded in several aspects of Gazan infrastructure, culture and media, indicating a specific intent to destroy the Jewish and Israeli populations.[52]
According to the Economist, Hamas fighters who conducted the attack on October 7, were carrying out actions in line with their genocidal intentions outlined in the group's founding charter. In contrast, the article contends that Israel's military campaign in Gaza does not meet the criteria for genocide.[53]
Academic discourse
British historian Niall Ferguson characterized the events of 7 October as indicative of Hamas' intent to re-enact the Holocaust. He stated that they[who?] should be "destroyed" to prevent this.[54][55]
Israeli historian Havi Dreifuss wrote that: "Even though Hamas is unable to replicate the scale of the Holocaust, one cannot ignore the numerous voices that rightly point to experiential elements and ideologies that exhibit similarities," also adding that "These men, women, and children weren't murdered for their actions, but rather, as in the Holocaust, for their very existence."[56]Stephen D. Smith, a specialist in genocide, also characterized the massacres on October 7 as a genocide.[57] Historian Charlie Laderman described the events of October 7 as a "genocidal massacre." He pointed to the 1929 Hebron massacre, carried out by followers of Haj Amin al-Husseini, the Mufti of Jerusalem against the Jewish community of the city, as evidence of the longstanding roots of Islamist ideology. Laderman also highlighted Hamas' founding charter, which he characterizes as invoking divine sanction for genocide against Jews.[58]
Gideon Greif, a Holocaust historian, drew parallels between the October 7 attacks and the Holocaust in an article for Maariv. He highlighted the infliction of extreme suffering, including immolation, mutation, rape, and the kidnapping of babies; the shared antisemitic hatred between Nazis and Hamas as evident in recorded statements of Hamas operatives proudly announcing the murder of Jews; and the extreme lack of mercy displayed by the attackers.[59]
Adam Jones, author of a textbook on genocide, said Hamas' "wild and indiscriminate killing" qualified as a "genocidal massacre" that should be "acknowledged and condemned as such," but the very restrictive intentionality requirement in the legal definition of genocide was still a "high evidentiary bar to reach".[60] Holocaust professor Raz Segal similarly said, "I definitely see intent to kill a significant number of members of the group, to instill unbelievable trauma and terror among members of the group. But I don’t see intent to destroy in relation to the Hamas attack that would render it an act of genocide."[60]
Martin Shaw viewed Hamas' attack as "a wave of 'genocidal massacres,' localized mass killings whose victims were defined by their Israeli-Jewish identity", adding that the concept of the genocidal massacre, first proposed by Leo Kuper, was "a logical extension of the notion in the convention that genocide can include destroying a group 'in part.'"[61]
Public discourse
American author Doron Weber labelled Hamas a “genocidal terror group” and wrote that “Hamas not only filmed its atrocities, it promised to repeat them until all Jews were obliterated from the land. This is the textbook definition of genocide, the 1948 annihilationism that informs Hamas’s Islamist charter.”[62] Rachel Avraham, head of the Dona Gracia Center for Diplomacy, an Israeli NGO, wrote: “They [Hamas] believe that all of the Jews here should either die or leave the country. And for this reason, they massacred, beheaded, mutilated, raped, burned alive, and committed many atrocities on October 7 in an entire region of Israel. If October 7 was not a genocide, then I do not know what is.”[63]
In an opinion article for WSJ, Qanta A. Ahmed shared her firsthand experience as a human-rights observer in Israel following the October 7 attacks, branding the assaults by Hamas as a "genocidal massacre." Ahmed detailed the deliberate targeting of Israelis by Hamas and advocated for legally designating the attacks as genocide. She stressed the importance of this designation independent of the ongoing conflict, aiming to document and prosecute these acts as crimes against humanity.[64]
Mosab Hassan Yousef, the son of the Hamas founder who later switched allegiance to Israel, described the October 7 massacre carried out by Hamas as "genocide by all standards." He based this perspective on the assertion that Hamas ethnically cleansed nearly 20 communities, targeting people based on their race, ethnicity, and religion.[65]
In a December 2023 survey conducted by Harvard CAPS and the Harris Poll, 73% of respondents viewed Hamas attacks against Jews as genocidal in nature, and 74% believed that Hamas harbored intentions of committing genocide against Jews in Israel.[66][67]
Government responses
United States of America
John Kirby, US National Security Council Coordinator for Strategic Communications, accused Hamas of "genocidal intentions against the people of Israel. They would like to see it wiped off the map, they said so on purpose. And they've said that they're not going to stop. What happened on the 7th of October is going to happen again and again and again. And what happened on the 7th of October? Murder; slaughter of innocent people in their homes or at a music festival. That's genocidal intentions."[68]
Israel
At the UN's European headquarters, Yeela Cytrin, a legal advisor at the Mission of Israel to the UN in Geneva, emphasized, "The attacks by Hamas on October 7 were motivated by a genocidal ideology".[69]
^Freilich, C. D. (2018). Israeli National security: a new strategy for an Era of change. Oxford University Press. p. 34, 37
^Bayefsky, Anne F.; Blank, Laurie R. (March 22, 2018). Incitement to Terrorism. BRILL. ISBN978-90-04-35982-6. The governing charter of Hamas, "The Covenant of the Islamic Resistance Movement," openly dedicates Hamas to genocide against the Jewish people.
^Tsesis, Alexander (2014–2015). "Antisemitism and Hate Speech Studies". Rutgers Journal of Law and Religion. 16: 352. For Jews, the Holocaust remains a real concern in an age when Hamas, a Palestinian terrorist organization, continues to advocate genocide in its core Charter.
^"What Is Hamas?". Council on Foreign Relations (III ed.). Retrieved 2023-12-07.
^"Young Americans: Jews are 'oppressors,' genocide calls not hate speech". The Jerusalem Post | JPost.com. 2023-12-17. Retrieved 2023-12-18. Additionally, 84% of Americans said they believe that the October 7 massacre was a terrorist attack, with almost three-fourths (73%) saying it was genocidal in nature and 73% saying it was not justified by the grievances of Palestinians." "Additionally, almost three-fourths (74%) of Americans said they believe Hamas wants to commit genocide against the Jews in Israel, although only 58% of those between the ages of 18-24 said the same.
