Hamas' October 7th Genocide: Legal Analysis and the Weaponization of Reverse Accusations: A Study in Modern Genocide Recognition and Denial

Abstract

This paper analyzes the 7 October 2023 Hamas attack on Israel through the lens of the Genocide Convention, arguing that these actions constitute genocide under international law. Drawing on international case law, the analysis demonstrates how Hamas' actions meet both the physical element and specific intent requirements for genocide, evidenced by its ideology, systematic policies, and leadership statements. The paper also examines how reverse accusations of genocide against Israel have functioned as a rhetorical shield to deflect recognition of Hamas' own genocidal actions. It analyzes the legal implications for state parties and the international community.

https://www.cambridge.org/core/journals/israel-law-review/article/hamas-october-7th-genocide-legal-analysis-and-the-weaponisation-of-reverse-accusations-a-study-in-modern-genocide-recognition-and-denial/322198E636341BE82F37ED7147FEB0F5#article

Keywords: international law, genocide, hamas, international court of justice, israel-arab conflict