Legal Appraisal of Renewed Conflict between Israel and Hamas: Analysing the genocide accusations against Israel under International Law

Abstract

This paper examines the recent escalation of the conflict between Israel and Hamas, which began dramatically on 7 October 2023. The widespread killings and abductions of Israelis by Hamas precipitated an unprecedented military response from the Israel Defence Forces (IDF), aimed at securing the return of those taken, whether alive or deceased. The IDF's military actions have led to considerable discussion regarding their potential genocidal implications for Palestinians. However, an analysis requires considering whether Israel is solely accountable for genocide, or if Hamas's actions on 7 October also carry genocidal implications for which perpetrators should be held legally responsible. Against this backdrop, this paper investigates the potential culpability of Israel for accusations of genocide and whether Hamas can be absolved of the same offence under international law. Specifically, it traces the historical antecedent of the Israel-Palestine conflict, appraises the international legal framework pertaining to genocide, and scrutinises the accusations of genocide against Israel, alongside Hamas's potential culpability for the same offence. The paper employs a doctrinal method of both, primary and secondary sources to facilitate analysis of issues surrounding genocide accusations against both Israel and Hamas, grounded in established international legal framework. It finds among other things, that both Israel and Hamas bear responsibility for the offence of genocide. The paper recommends, among other things, that Israel and Hamas should be ready to embrace reality on both sides and allow peace and humanitarian aids in Gaza.

Suggested citation

Joseph Olajide Italoye, Hope Oluwapelumi Okedele (2025). Legal Appraisal of Renewed Conflict between Israel and Hamas: Analysing the genocide accusations against Israel under International LawInternational Journal for Law & International Business Transactions, 1(1). https://doi.org/10.69798/90674727

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