Could Hamas be charged with a genocide of Gazans?

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Some person accused Hamas of committing nan genocide of Palestinians. While this circumstantial accusation is much a matter of governmental rhetoric, and coming from nan quarters nary little utmost than Hamas themselves, I wonderment whether nan actions of Hamas tin beryllium formally prosecuted arsenic a genocide against Palestinian people (or different crime against humanity.)

Indeed, nan Hamas leaders connected galore occasions stated their volition to origin galore Palestinian deaths. The latest illustration is this connection by nan Hamas typical successful Lebanon:

"Hamas is simply a nationalist liberation movement. National liberation movements do not support count of martyrs, wounded people, aliases prisoners, connected nan way for liberation. If we, arsenic a nationalist liberation movement, aliases arsenic nan Palestinian group who strive to liberate our land, commencement calculating really galore thousands of martyrs location are each clip we spell to war, we would not spell to warfare and location would beryllium nary resistance. How did Algeria liberate its land? It sacrificed millions of martyrs. How did Vietnam liberate its onshore from America? Three millions Vietnamese were killed successful nan warfare for liberation. Even Russia successful WWII sacrificed 20 cardinal Russians successful nan warfare against nan Nazis.

"If you want to liberate your land, you do not count nan number of martyrs and victims, because you strive to liberate your land. We see Palestine to beryllium a ineffable and blessed land. We are martyrdom-seekers. We person not seen immoderate family personnel of nan martyrs successful Gaza complaining astir nan resistance. All nan families of nan martyrs opportunity that this is simply a sacrifice for nan resistance. One mother of a martyr said: 'I dream God gives maine 12 much boys, truthful that they tin beryllium martyred while defending Palestine, Jerusalem, and nan Al-Aqsa Mosque.

A connection by Israeli leaders calling to termination galore Palestinians aliases deliberately targeting Palestinian civilians would beryllium considered a telephone for a genocide (as good arsenic akin statements by Hamas astir Israelis, for illustration their 1988 charter). Indeed, this is very overmuch what nan South Africa's lawsuit against Israel is based connected - see, e.g., The mobility of intent: Discourse arsenic grounds successful nan lawsuit against Israel).

Is Hamas immune from a akin complaint simply because they telephone and enactment pinch volition of sidesplitting their own people?

Remarks

  • Note that nan mobility is not astir warfare crimes for illustration utilizing quality shields aliases preventing civilians to flee, which Hamas is routinely accused of, but which whitethorn not represent a policy. The mobility is astir nan intent to perpetrate a crime against nan Palestinian group arsenic a whole.
  • E.g., nan October 7 attacks had nary subject purpose, their only intent was to origin a precocious number of Israeli casualties and provoke Israeli subject response. The precocious number of Palestinian casualties aft specified an onslaught is inevitable, moreover if Israel responds wrong nan limits of nan world rule (the truth that Israeli actions are challenged successful court, doesn't alteration it.)
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