October 7 Was Genocide
Legal Argument: October 7 and Genocide
1. The Legal Framework
The Convention on the Prevention and Punishment of the Crime of Genocide (UN, 1948) defines genocide in Article II as:
- Actus Reus (the act) – killings, harm, destruction, etc.
- Mens Rea (special intent) – the intent to destroy the group, in whole or in part.
2. Application to October 7, 2023
a. Protected group
The victims were overwhelmingly Jewish Israelis — a protected group under the Convention as both a national and religious group.
b. Killing members of the group (Art. II (a))
Over 1,200 people were murdered on October 7, including babies, children, and the elderly. They were targeted not for military reasons but because they were Jews/Israelis.
c. Causing serious bodily or mental harm (Art. II (b))
Survivors, hostages, and families of victims experienced severe trauma through torture, rape, mutilation, and psychological terror. The hostage ordeal caused ongoing mental harm not only to those abducted but also to their families and the wider community.
d. Forcible transfer of children (Art. II (e))
Hamas kidnapped children and elderly civilians, transporting them into Gaza. Even if not formally assimilated, the forcible transfer of children from their families and community to another group constitutes genocide under the Convention. International precedent (e.g. rulings on Indigenous children) has recognised such transfers as genocidal.
e. Intent to destroy, in whole or in part
The Hamas Charter (1988) and repeated statements by leaders before and after October 7 declare the goal of annihilating Jews. Article 7 of the Charter cites a Hadith that calls for Muslims to kill Jews until none remain. This genocidal intent is not implied, it is openly proclaimed. October 7 was an operationalisation of that intent.
3. Counter-arguments and responses
- “It was terrorism, not genocide.”
Terrorism describes the tactic; genocide describes the intent. The two can overlap. October 7 was both. - “It was one day, not a campaign.”
Genocide does not require a prolonged campaign. The ICTY (International Criminal Tribunal for the former Yugoslavia) ruled that the Srebrenica massacre, a single episode over several days, was genocide because it targeted a part of the Bosnian Muslim community with intent to destroy it. The same logic applies. - “Hamas targeted Israel, not Jews worldwide.”
Article II allows for “in part.” Targeting the Jews of southern Israel, or Israeli Jews as a whole, satisfies this element. International law has confirmed that even a subsection of a group can be a target of genocide.
4. Conclusion
October 7, 2023, satisfies the threshold of genocide under international law:
- Killings – mass murder of Jews as Jews.
- Bodily/mental harm – rape, torture, mutilation, trauma.
- Forcible transfer of children – hostages taken from Israel into Gaza.
- Intent – Hamas’s charter and rhetoric establish a clear aim to destroy Jews in whole or in part.
- Precedent – cases like Srebrenica show that even a single massacre, when coupled with genocidal intent, constitutes genocide.
Therefore, October 7 was not only terrorism and war crimes, but a genocidal act under the UN Genocide Convention.
Comments
Post a Comment