Why won’t Amnesty International call October 7 a genocide?

Commentary

People embrace next to photos of people killed and taken captive by Hamas militants, near kibbutz Re’im in Israel, Nov. 28, 2023. Ohad Zwigenberg/AP Photo.

The organization obscures moral and legal truth by shifting from legal assessment to narrative clean-up

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Genocide no longer functions primarily as a legal category. It has become a symbolic designation—determining who may appear as a legitimate victim of absolute evil, and who must be cast as its permanent perpetrator.

It is in this context that Amnesty International—a human rights organization increasingly criticized for selective advocacy—recently released its long-anticipated report on the crimes committed by Hamas during its October 7th, 2023, attack on Israeli civilians.

Reporting from The Free Press showed Amnesty International chose not to publish its report on Hamas’ October 7th attack during the war out of concern that doing so might benefit Israel. When the delayed report was finally released after the ceasefire, the organization documented the mass murder of civilians but stayed silent on the question of whether Hamas’s actions constituted genocide. Instead, it classified the attack as “extermination”—a crime against humanity, but not genocide.

Some hesitation in naming October 7th a genocide—even among observers not invested in the demonization of Israel—is understandable, and in certain respects warranted. After more than a year in which the term has been aggressively diluted, stretched, and politicized in efforts to apply it to Israel, many are understandably reluctant to participate in a further erosion of its meaning.

Strictly speaking, however, genocide does not require completion. Where genocidal intent (mens rea, dolus specialis) is openly declared, and mass civilian slaughter (actus reus) is carried out in pursuit of that intent, the crime is therefore established under international law, regardless of whether it is ultimately successful.

Hamas’ intent was clear 

Hamas has expressed genocidal intent in numerous respects. Its leaders and clerics regularly cite the infamous hadith that portrays the end-times killing of Jews as total and inescapable: “The rocks and trees will say: O Muslim, O servant of Allah, there is a Jew behind me—come and kill him.” Found in Sahih Muslim, this hadith has long functioned as a stock trope in modern jihadism. It was already mobilized by Haj Amin al-Husseini, the Grand Mufti of Jerusalem, in speeches in the late 1930s that fused Islamic eschatology with genocidal incitement against Jews. In the decades since, it has been repeatedly invoked by jihadist movements, including Hamas, ISIS, and al-Qaeda, as scriptural authorization for the murder of Jews and Israelis. Variants of the same motif have also appeared in sermons and public statements by influential religious authorities aligned with Islamist politics, including figures associated with Egypt’s al-Azhar establishment, such as Muhammad Sayyid Tantawi, as well as media clerics like the Qatar-based Yusuf al-Qaradawi.

On November 1, 2023, Ghazi Hamad, a senior member of Hamas’ political bureau, stated in a televised interview that the October 7th massacre was “just the first time,” adding that there would be “a second, a third, a fourth” until Israel was eliminated. As Israeli legal scholar Avraham Shalev has shown in a detailed legal analysis, this combination of declared intent to annihilate Israeli Jews and mass civilian slaughter straightforwardly satisfies the U.N’s Genocide Convention.

Amnesty International has refused to label Hamas’s October 7th attack as genocide, arguing that the organization’s stance is politically motivated and undermines the legal definition of the crime. However, it can be argued that Hamas’s declared genocidal intent, coupled with mass civilian slaughter, meets the criteria for genocide under international law. Amnesty applies a “dual intent” standard to Israel, which it deems incoherent, and for selectively interpreting evidence to accuse Israel while downplaying Hamas’s actions. This serves a narrative that casts Israel as uniquely criminal and perpetuates anti-Jewish violence.

Genocide no longer functions primarily as a legal category. It has become a symbolic designation—determining who may appear as a legitimate victim of absolute evil, and who must be cast as its permanent perpetrator.

On November 1, 2023, Ghazi Hamad, a senior member of Hamas’ political bureau, stated in a televised interview that the October 7th massacre was “just the first time,” adding that there would be “a second, a third, a fourth” until Israel was eliminated.

What we have witnessed instead is the collapse of any semblance of rational deliberation around the charge of genocide, which functions not as an analytic claim but as an anti-Israeli race libel—one that actively fuels anti-Jewish violence and the mobilization of lynch-mob politics.

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