Israel-Hamas War: The Genocide Question

Dr. Sigall Horovitz

Publication Date: January 6, 2024.

Type: A full paper.

An article on the relevancy and application of the definition of Genocide to the current round of hostilities between Israel and Hamas which Started with the Hamas attack on Israel on October 7, 2023.

The “G-word” has been used and abused in connection with the current round of hostilities between Israel and Hamas, which started with the Hamas attack on Israel on 7 October 2023. Some claim that the Hamas attack was genocidal, while others argue that Israel’s military response in Gaza is a genocide or “a genocide in the making”. This paper aims to clarify the meaning of the term “genocide” under international law and inform the debate about its applications in the Israel-Hamas hostilities. After defining genocide (part I), the paper applies the definition to the Hamas attack (part II) and the Israeli military response (part III). The analysis covers topics such as individual accountability of leaders, collective responsibility of States and organizations, incitement to commit genocide, and enforcement matters. This paper focuses only on the crime of genocide. It does not discuss other international crimes, such as crimes against humanity and war crimes.