Hamas’ October 7th Genocide: Legal Analysis and the Weaponisation of Reverse Accusations – A Study in Modern Genocide Recognition and Denial

Abstract This article analyses the October 7th 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 article also examines how reverse accusations of genocide against Israel have functioned as a rhetorical shield to deflect recognition of Hamas’ own genocidal actions. It analyses the legal implications for state parties and the international community.

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Publication Details

Journal
Israel Law Review
Published
2025-08-08
DOI
https://doi.org/10.1017/s0021223725100009
Citations
2
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
17.04
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article

Hamas’ October 7th Genocide: Legal Analysis and the Weaponisation of Reverse Accusations – A Study in Modern Genocide Recognition and Denial

Avraham Russell Shalev
2 citations
Israel Law Review
International Law and Human Rights
17.04
article

Hamas’ October 7th Genocide: Legal Analysis and the Weaponisation of Reverse Accusations – A Study in Modern Genocide Recognition and Denial

Avraham Russell Shalev
article en
2 citations

Abstract

Abstract This article analyses the October 7th 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 article also examines how reverse accusations of genocide against Israel have functioned as a rhetorical shield to deflect recognition of Hamas’ own genocidal actions. It analyses the legal implications for state parties and the international community.

Israel Law ReviewVol. 58(2-3)
Jerusalem Institute for Israel Studies (IL)
Peace, Justice and strong institutions
Openalex Percentile: Top 1%
International Law and Human Rights
17.04
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