Gerald Posner analyzes whether Hamas actions on October 7 meets the legal standard for genocide

In his latest paper, investigative journalist and author Gerald Posner explores whether the Hamas-led attack on southern Israel on October 7 meets the legal threshold for genocide under the 1948 Genocide Convention. The paper, titled "The Genocide Case Against Hamas," addresses initial questions regarding the duration of the attack and the role of non-state entities.

Posner points out that the Genocide Convention does not necessitate a prolonged campaign, and international courts have previously established that genocide can be committed by non-state groups and individuals. He cites historical examples, such as individual convictions for genocide in Rwanda and the Srebrenica massacre, and discusses the core components of international law: actus reus (guilty act) and dolus specialis (special intent to destroy a national, ethnic, racial, or religious group).

Posner emphasizes that while mass killings, torture, and sexual violence satisfy the prohibited acts, proving special intent is a more complex determination. He examines Hamas leadership's written records and public statements, including explicit evidence from the 1988 Hamas Covenant and statements from leaders promising to "come in a roaring flood."

Additionally, Posner cites recordings of participants boasting about killing Jews and compares the attack's empirical evidence with legal precedents, such as the Srebrenica massacre, to argue that the Hamas attack can be considered a genocide.