Allegations of genocide in the 2023 Hamas-led attack on Israel: Difference between revisions
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== Academic and legal discourse == |
== Academic and legal discourse == |
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On 16 October 2023, 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." 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 Law School|Harvard]] and [[Columbia Law School|Columbia]] Law Schools, [[King's College London|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.<ref>{{Cite news |title=Deadly Hamas Rampage Constitutes 'International Crime of Genocide,' Hundreds of Legal Experts Say |language=en |work=Haaretz |url=https://www.haaretz.com/israel-news/2023-10-16/ty-article/hamas-deadly-rampage-constitutes-crime-of-genocide-hundreds-of-legal-experts-say/0000018b-37d1-d450-a3af-7fddda070000 |access-date=2023-12-07}}</ref><ref>{{Cite news |last=WINER |first=STUART |date=15 October 2023 |title=Hamas actions are war crimes, could constitute genocide – international law experts |work=[[Times of Israel]] |url=https://www.timesofisrael.com/hamas-actions-are-war-crimes-could-constitute-genocide-international-law-experts/}}</ref><ref>{{Cite web |last=Watch |first=Genocide |date=2023-10-18 |title=Legal Experts: Hamas committed War Crimes, Genocide |url=https://www.genocidewatch.com/single-post/legal-experts-hamas-committed-war-crimes-genocide |access-date=2023-12-07 |website=genocidewatch |language=en}}</ref> |
On 16 October 2023, 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." 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 Law School|Harvard]] and [[Columbia Law School|Columbia]] Law Schools, [[King's College London|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.<ref>{{Cite news |title=Deadly Hamas Rampage Constitutes 'International Crime of Genocide,' Hundreds of Legal Experts Say |language=en |work=Haaretz |url=https://www.haaretz.com/israel-news/2023-10-16/ty-article/hamas-deadly-rampage-constitutes-crime-of-genocide-hundreds-of-legal-experts-say/0000018b-37d1-d450-a3af-7fddda070000 |access-date=2023-12-07}}</ref><ref>{{Cite news |last=WINER |first=STUART |date=15 October 2023 |title=Hamas actions are war crimes, could constitute genocide – international law experts |work=[[Times of Israel]] |url=https://www.timesofisrael.com/hamas-actions-are-war-crimes-could-constitute-genocide-international-law-experts/}}</ref><ref>{{Cite web |last=Watch |first=Genocide |date=2023-10-18 |title=Legal Experts: Hamas committed War Crimes, Genocide |url=https://www.genocidewatch.com/single-post/legal-experts-hamas-committed-war-crimes-genocide |access-date=2023-12-07 |website=genocidewatch |language=en}}</ref> |
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Revision as of 16:32, 23 December 2023
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Hamas genocide against Israelis refers to the accusation by some experts in the fields of international law and genocide studies that Hamas, a Palestinian Islamist group widely designated a terrorist organization, committed genocide against Israelis in the attack it led on Israel on 7 October 2023. 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 nearly 1,200 people, two thirds of whom were civilians. 240 men, women and children of all ages were kidnapped and taken as hostages to the Gaza Strip in a clear violation of international law. Some commentators have suggested the attacks were carried out with genocidal intent, pointing to Hamas' founding charter, which advocated for the destruction of Israel and featured antisemitic language.
Background
![]() | This section may contain material not related to the topic of the article. (December 2023) |
Hamas ideology
Hamas is a Palestinian Islamist organization established in 1987. It was founded as the underground wing of the Muslim Brotherhood movement in the Gaza Strip at the beginning of the First Intifada.[2] It includes political, social service, and military wings, with the military wing engaging in Jihad, or armed struggle, against Israel. The group, the largest of several Palestinian Islamist groups,[3] is widely considered to be the “dominant political force” within the Palestinian territories.[4][5] In 2007, the group violently seized control of the Gaza Strip, and has been subsequently involved in multiple wars with Israel.[6]
Hamas is recognized as one of the most effective Palestinian groups engaged in conflicts with Israel. During the periods of 1994-1996 and 2001–2007, the organization orchestrated a series of suicide bombings primarily targeting civilian targets in Israel, resulting in the deaths of over 1,000 Israeli civilians.[7] Since their takeover of the Gaza Strip, Hamas has indiscriminately fired thousands of rockets toward Israeli population centers.[8] These actions have led Australia, Canada, Israel, Japan, Paraguay, New Zealand, the United Kingdom, the United States and the European Union to designate Hamas a terrorist organization.[2] In 2018, a motion at the United Nations General Assembly to condemn Hamas for acts of terror did not pass the required majority.[9]
Hamas’ ideas have been characterized as displaying a certain resemblance to or drawing inspiration from radical salafi-jihadist movements.[7] Irwin Cotler characterized the ideology of Hamas, among others, as an instance of "genocidal antisemitism.”[10]
In 1988, Hamas released its founding charter, which advocated for the destruction of Israel and the establishment of an Islamic state encompassing all areas of former Mandatory Palestine.[11][6] Hamas’ 1988 charter contains a demeaning portrayal of the Jewish people and features several anti-Semitic tropes. The asser tion is that Jews have no entitlement to any part of Palestinian land.[3] It portrays Israeli society in Nazi-like terms,[12] and assigns collective responsibility to Jews, not just Israelis, for global issues, including both World Wars.[13] Article 7 in the charter asserts, "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.[14] 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.[3]
Some scholars characterize the violent language against all Jews in the charter as genocidal.[15][16][17]
In an effort to moderate its 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.[18]
2023 Hamas-led attack on Israel
![](http://upload.wikimedia.org/wikipedia/commons/thumb/9/9d/%D7%92%D7%9F_%D7%99%D7%9C%D7%93%D7%99%D7%9D_%D7%91%D7%A7%D7%99%D7%91%D7%95%D7%A5_%D7%91%D7%90%D7%A8%D7%99_%D7%9C%D7%90%D7%97%D7%A8_%D7%94%D7%98%D7%91%D7%97_%D7%91%D7%A7%D7%99%D7%91%D7%95%D7%A5_%D7%91%D7%90%D7%A8%D7%99_%D7%A6%D7%99%D7%9C%D7%9D_-%D7%99%D7%95%D7%90%D7%91_%D7%A7%D7%A8%D7%9F.jpg/220px-%D7%92%D7%9F_%D7%99%D7%9C%D7%93%D7%99%D7%9D_%D7%91%D7%A7%D7%99%D7%91%D7%95%D7%A5_%D7%91%D7%90%D7%A8%D7%99_%D7%9C%D7%90%D7%97%D7%A8_%D7%94%D7%98%D7%91%D7%97_%D7%91%D7%A7%D7%99%D7%91%D7%95%D7%A5_%D7%91%D7%90%D7%A8%D7%99_%D7%A6%D7%99%D7%9C%D7%9D_-%D7%99%D7%95%D7%90%D7%91_%D7%A7%D7%A8%D7%9F.jpg)
On 7 October 2023, coinciding with the Jewish holiday of Simchat Torah, Hamas launched a surprise invasion of Israel from the Gaza Strip. Around 2,900 armed Hamas militants infiltrated Israel followed by a few waves of Gazan citizens.[19] The militants seized control of Israeli communities and towns, killing men, women, and children they found. They also overran military sites with similar outcomes. Many of the bodies were burned and mutilated.[20] Another massacre occurred at a music festival near Re'im, where 364 individuals were shot, bludgeoned, or burned to death.[21][22] Thousands more sustained injuries, hundreds of which were severe.[23] Around 1,200 Israelis and foreigners were killed, which included 859 civilians, 282 soldiers, 57 policemen and 10 Shin Bet members.[24][25][26][27]
Additionally, Hamas operatives engaged in torture, rape and sexual assault against numerous women, girls, and in some cases, men.[28][29] About 250 Israeli civilians and soldiers were taken as hostages to the Gaza Strip, including 30 kidnapped children.[30] The Hamas assault prompted an Israeli counter-offensive in Gaza. At least 44 nations denounced the actions of Hamas as terrorism, and the current ranking places this attack as the third-deadliest terrorist attack in recorded history.[31] The day is considered the bloodiest in Israel's history and the deadliest for Jews since the Holocaust.[32][33]
Hamas operatives extensively recorded their actions through body cameras, probably for propaganda purposes.[34] They also confiscated 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.[25]
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.[35][36]
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."[37]
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."[38][39]
Academic and legal discourse
![]() | This section may be unbalanced towards certain viewpoints. (December 2023) |
On 16 October 2023, 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." 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.[40][41][42]
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."[43]
In November 2023, a lawyer representing the families of nine Israeli victims of Hamas attacks on Oct 7 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.[44][25]
Dr. 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.[45]
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.[46]
Genocide Watch issued a statement on October 24, 2023, where scholars of Holocaust Studies and Genocide Studies and Prevention, among them Prof. Gregory H. Stanton and Prof. 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 utilize national courts for legal proceedings against those responsible for the genocide.[47]
Academic discourse
British historian Niall Ferguson characterized the events of October 7 as indicative of Hamas’ intent to re-enact the Holocaust, and added they should be “destroyed” to prevent this.[48][49]
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.”.[50] Stephen D. Smith, a specialist in genocide, also characterized the massacres on October 7 as a genocide.[51] 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.[52]
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.[53]
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.”[54] 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.”[55]
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.[56]
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.[57]
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.[58][59]
Government responses
United States of America
John Kirby, US National Security Council Coordinator for Strategic Communications, accused Hamas for “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.”.[60]
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".[61]
See also
- Antisemitism in Islam
- 1988 Hamas charter
- Sexual and gender-based violence in the 7 October attack on Israel
- Palestinian genocide accusation
References
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- ^ a b "What Is Hamas?". Council on Foreign Relations. Retrieved 2023-12-07.
- ^ a b c Bartal, Shaul (2021), Upal, Muhammad Afzal; Cusack, Carole M. (eds.), "Ḥamās: The Islamic Resistance Movement", Handbook of Islamic Sects and Movements, Brill, pp. 379–401, doi:10.1163/j.ctv1v7zbv8.23, ISBN 978-90-04-42525-5, retrieved 2023-12-07
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{{cite web}}
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The governing charter of Hamas, "The Covenant of the Islamic Resistance Movement," openly dedicates Hamas to genocide against the Jewish people.
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The Hamas Charter not only calls for the militant, perhaps genocidal, liberation of Palestine (e.g., "raise the banner of Allah over every inch of Palestine"), but also demonstrates anti-Semitic, murderous intent.
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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.
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{{cite web}}
: CS1 maint: bot: original URL status unknown (link) - ^ "Israel investigates an elusive, horrific enemy: Rape as a weapon of war". Washington Post. 2023-11-25. Retrieved 2023-12-07.
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{{citation}}
: CS1 maint: numeric names: authors list (link) - ^ "Can the Hamas Oct. 7 massacre be compared to the Holocaust? - opinion". The Jerusalem Post | JPost.com. 2023-10-29. Retrieved 2023-12-11.
- ^ Smith, Stephen D. (2023-11-13). "I watched the footage of the Oct. 7 attack in Israel — this isn't war, this is genocide". The Hill. Retrieved 2023-12-11.
- ^ "Hamas' genocidal massacre on October 7 has deep historical roots". Engelsberg ideas (in Swedish). Retrieved 2023-12-11.
- ^ "קווי הדמיון המחרידים בין הטבח בעוטף לשואת העם היהודי באירופה". www.maariv.co.il. 2023-11-09. Retrieved 2023-12-21.
- ^ "Finding Common Ground Between Israelis and Palestinians". TIME. 2023-12-08. Retrieved 2023-12-11.
- ^ Avraham, Rachel (22 November 2023). "Denying October 7 must be condemned worldwide". www.israelhayom.com. Retrieved 2023-12-11.
- ^ Ahmed, Qanta A. (2023-11-10). "Opinion | The Scenes of Genocide I Saw in Israeli Morgues". Wall Street Journal. ISSN 0099-9660. Retrieved 2023-12-11.
- ^ "Son of Hamas co-founder: Death penalty for October 7 massacre terrorists". The Jerusalem Post | JPost.com. 2023-11-30. Retrieved 2023-12-11.
- ^ "Key Results – December". Retrieved 2023-12-17.
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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.
- ^ "Hamas has genocidal intentions against Israel - White House". The Jerusalem Post | JPost.com. 2023-11-08. Retrieved 2023-12-11.
- ^ Presse, AFP-Agence France. "Israel, Palestinians Accuse Each Other Of 'Genocide' At UN". www.barrons.com. Retrieved 2023-12-11.