JUSTICE - No. 71

19 Spring 2024 Commissioner Horace Rumbold seemed taken aback by Auni Bey’s testimony: Q: Are you taking a leaf out of Germany’s book? A: It is different here. The case here is the contrary. Here we are in the same position as the Jews in Germany. Q: How do you make that out? A: The Jews are being driven out of the land upon which they lived for centuries and they are losing their existence, but the policy which is being adopted here will culminate in destroying our national existence here. Q: You compare yourselves, in fact, to the Jews in Germany? A: We are in an even worse position. There their personal rights are affected, but here the national rights of a people are affected.40 However, the Nazis slaughtered more than one-third of the entire worldwide Jewish population during the Holocaust. Most were transported hundreds of miles to death camps designed and constructed for one purpose: to murder thousands of Jews every day, and to do so on an industrial scale while subjecting them to conditions and situations that reshaped the fields of international humanitarian law and international human rights law. Nothing even remotely as horrific has ever befallen any other group of people in human history. Hamas Showed Intent to Commit Genocide as Defined by International Criminal Law Following the language of Article II of the Convention on the Prevention and Punishment of Genocide and Article 6 of the Rome Statute, Hamas carried out the October 7, 2023 attack with the intent to destroy all Jews living in the State of Israel. To that end, the original Hamas Covenant (1988) proclaims very clearly the organization’s goal of destroying Israel and committing genocide against the Jewish people. The Preamble to the Hamas Covenant declares: Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it . . . Our struggle against the Jews is very great and very serious. It needs all sincere efforts. It is a step that inevitably should be followed by other steps. The Movement is but one squadron that should be supported by more and more squadrons from this vast Arab and Islamic world, until the enemy is vanquished and Allah's victory is realised.41 Article 7 of the Hamas Covenant states: [T]he Islamic Resistance Movement aspires to the realisation of Allah's promise, no matter how long that should take . . . The Day of Judgement will not come about until Moslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Moslems, O Abdulla, there is a Jew behind me, come and kill him.42 While the revised version of the Hamas Charter has removed such expressed calls for the destruction of Jews, it still frames any use of violence as “a legitimate right guaranteed by divine laws and by international norms and laws.”43 Hamas spokesperson Ghazi Hamed confirmed the organization’s genocidal intent in an interview with the LBC television network in Beirut on October 24, 2023.44 Hamed warned that the October 7 attack was only the beginning, and that Hamas would continue to strike Israel until it killed every Jew and destroyed the country. Hamas Committed War Crimes and Crimes Against Humanity The Hamas attack included shocking crimes against humanity, in violation of Article 7 of the Rome Statute, especially rape, sexual violence and the taking of hostages. 40. Auni Bey Abdul Hadi Testimony, Minutes of Evidence Heard at Public Sessions, Palestine Royal Commission, Colonial Paper 134, 312-13 ¶ 4906-08 (Jan. 13, 1937). 41. The Covenant of the Islamic Resistance Movement, Aug. 18, 1988, available at https://avalon.law.yale.edu/20th_ century/hamas.asp 42. Id. 43 A Document of General Principles & Policies, art. 25 (May 2017), available at https://irp.fas.org/world/para/ docs/hamas-2017.pdf 44. Gianluca Pacchiani, “Hamas official says group will repeat Oct. 7 attack ‘twice and three times’ to destroy Israel,” TIMES OF ISRAEL, Nov. 1, 2023, available at https://www.timesofisrael.com/liveblog_entry/hamasofficial-says-group-will-repeat-oct-7-attack-twice-andthree-times-to-destroy-israel/