On December 5, 2024, Amnesty International is scheduled to publish a document accusing Israel of committing genocide in Gaza.¹ As reflected in the NGO’s history of antisemitism and hatred for the Jewish State, Amnesty consistently uses false and manipulated claims, as well as lawfare to shield Hamas and demonize Israel. In this, as in numerous Amnesty campaigns, the explicit objectives include promoting international sanctions in order to cripple Israel’s ability to defend itself. 

As has been widely discussed, the allegation of genocide against Israel is a reversal of the actual and clearly established intent of Hamas and its allies (including its patron, Iran) to wipe Israel off the map; it is also a form of Holocaust inversion, in which the Jews (Israel) are portrayed as the new Nazis. In publishing this “report” and the accompanying “genocide” advocacy campaign, Amnesty is attempting to strengthen the lawfare efforts led by South Africa and its allies before the International Court of Justice (ICJ), as well as the pathological propaganda of UN Special Rapporteur Francesca Albanese and other political actors. 

As six U.S. federal prosecutors of perpetrators of Nazi criminals “who shot civilian men, women and children in death pits and … death camps” wrote, “any fair review of the verifiable, publicly available facts shows that the accusation of genocide against Israel is false and indeed outrageous.”

Amnesty’s History of Exploiting Human Rights to Attack Israel’s Legitimacy

Before analyzing the credibility of Amnesty’s claims below, it is important to review a small sample of the NGO’s position, reflecting Palestinian propaganda, that Israel is fundamentally illegitimate.

• In the embargoed draft of a February 2022 Amnesty report sent to journalists, the NGO wrote, “This system of Apartheid originated with the creation of Israel in May 1948 and has been built and maintained for decades” (emphasis added) – meaning that Israel is inherently illegitimate. Following extensive condemnations of this antisemitism before the report’s publication, Amnesty edited this specific line to read, “This system of apartheid has been built and maintained over decades.”
• At a March 2022 event, Amnesty USA director Paul O’Brien said, “We are opposed to the idea — and this, I think, is an existential part of the debate —that Israel should be preserved as a state for the Jewish people.” (O’Brien made no comment on the numerous countries that define themselves as Christian or Islamic states.) 

Amnesty’s report and recommendations (see below) are not a credible, unbiased, carefully considered analysis of the complex circumstances inherent in the Gaza conflict. Rather, they should be understood as part of the NGO’s broader agenda of supporting the Palestinian and antisemitic strategy of eliminating Israel (ie, actual genocide).

Further evidence is Amnesty’s minimalist and token statement for “Hamas and other Palestinian armed groups responsible for the crimes committed on 7 October to be held to account” – without any substantive demands or recommendations, as demonstrated in the detailed press release, analyzed below. 

Inverting Hamas’ Genocidal Intent

Amnesty’s application of “genocide” to Israel’s actions is an example of atrocity and Holocaust inversion, since this label is more aptly attributed to Hamas. Its actions on October 7th – in which the group murdered, tortured, sexually abused, and abducted every Israeli it encountered – and the extensive preparations for these atrocities, which took place over many years, are clear evidence of this organization’s objectives. 

These are also manifestations of the Hamas founding charter that states: 

• “Our struggle against the Jews is very great and very serious…The Movement [Hamas] 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.”
• “The Day of Judgement will not come about until Muslims fight the Jews, when the Jew will hide behind stones and trees. The stones and trees will say ‘Oh Muslims, Oh servants of Allah, there is a Jew behind me, come and kill him.’”
• “Israel, Judaism and Jews challenge Islam and the Muslim people.”

Statements by Hamas leaders often repeat this genocidal message. For example, in 2019 the Hamas Gaza television station broadcast a speech by a senior official declaring, “There are Jews everywhere! We must attack every Jew on planet Earth — we must slaughter and kill them, with Allah’s help.” There are numerous and readily available examples that Amnesty obviously chose to systematically ignore. 

The Convention on the Prevention and Punishment of the Crime of Genocide (1948) defines the term as killing and other specified acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” In Amnesty’s numerous publications and campaigns, the genocidal intent of Hamas and its accompanying actions are deliberately erased.  

For Amnesty, Any Israeli Defense Is “Genocide” 

Amnesty’s 6-page, 2,500 word embargoed press release – obtained by NGO Monitor – highlights the absence of substance and the dominance of slogans and myths. Following previous practice, the press release declares Israel to be guilty of genocide, regardless of the reality in Gaza. This basic paradigm is evidenced by Amnesty’s highly selective use of “evidence,” including fundamental omission of facts that do not support its political line, and the blatantly manipulative discussion of civilian casualties.

For example, in the press release, there is no mention, let alone evaluation, of Israel’s strategy in countering asymmetric urban warfare, which is explicitly addressed and permitted under international law. Instead, Amnesty asserts, “The presence of Hamas fighters near or within a densely populated area does not absolve Israel from its obligations to take all feasible precautions to spare civilians and avoid indiscriminate or disproportionate attacks.” Yet, the NGO also describes Israel’s issuance of evacuation orders and establishment of safe-zones for civilians – both of which are permitted under international law and constitute humanitarian measures that go far beyond the practice of coalition forces in Afghanistan and Iraq, for example – as “Inflicting conditions of life calculated to bring about physical destruction.” Vacuous assertions such as these highlight the transparent attempt to manipulate the language of international law. 

The claim that Israel’s evacuation of civilians to protect them from intensive fighting somehow proves “genocidal intent” and the accompanying call for Israel to “take all feasible precautions to spare civilians” illustrate Amnesty’s total lack of credible analysis. In addition, Amnesty erases or greatly misrepresents the measures taken by Israel that are entirely inconsistent with the “genocide” label. As the 6 former prosecutors of Nazi war criminals declare, “we have seen no evidence of Israeli commission of genocide, and there is much evidence that disproves that charge — …. since October, Israel has facilitated the entry of more than 870 metric tons of food and other humanitarian aid to Gaza’s two million inhabitants. Meanwhile, Hamas attacks or plunders food shipments, and it has denied Gazan civilians access to vast storehouses of food and medicines that it secreted in its tunnels before Oct. 7.” 

Similarly, Amnesty glaringly omits a serious discussion of Hamas’ extensive systematic and documented use of civilian infrastructure to locate command posts, tunnels, weapons, and fighters; (illegally) hold hostages; and other military actions. The same is true of the use of residences, hospitals, schools, mosques and other public buildings. 

As stated above, in the press release, Amnesty asserts, “The presence of Hamas fighters near or within a densely populated area does not absolve Israel from its obligations to take all feasible precautions to spare civilians and avoid indiscriminate or disproportionate attacks.”  Amnesty falsely asserts that Israel attacked ostensibly civilian objects because of the incidental presence of Hamas terrorists in their vicinity. Rather, these structures were targeted because Hamas had deliberately converted them into military installations – not because of “genocidal intent.”

If Amnesty’s “genocidal intent” accusation was taken seriously, this would give blanket immunity to terrorist organizations operating under the cover of civilian populations and prevent the application of siege strategies in situations of asymmetric warfare. If attacking areas where civilians are present is proof of “genocidal intent,” and facilitating their evacuation is “calculated to bring about physical destruction,” then the ensuing Catch-22 prevents Israel – or any military force – from effectively combating terrorists who have embedded themselves in urban areas or amongst civilians. 

Worse, by falsely labeling such responses as “genocidal,” Amnesty’s position encourages terrorist organizations to continue to adopt these tactics, ultimately causing more harm to civilians.

Israel’s Protection of Civilians

Amnesty’s premise, that Israel seeks “to bring about their [Palestinians] physical destruction,” is obviously absurd when judged against its actions in Gaza during the past 14 months. .

According to COGAT – the IDF body that facilitates aid into Gaza – by November 26, 2024, over 1.1 million tons of aid had entered the territory since the beginning of the war. In addition, Israel has constructed humanitarian corridors, imposed tactical pauses, and vaccinated hundreds of thousands of children. COGAT also established a joint task force with the UN and aid organizations to coordinate the transport and distribution of aid.

Moreover, as Amnesty acknowledges, Israel has designated “safe-zones” for the civilian population, designed to protect them and limit their exposure to the fighting.

The contention that a country ostensibly engaging in genocide would provide aid, vaccinate children and establish safe havens for the millions of people it supposedly seeks to destroy is inherently nonsensical.

Systematic Methodological Failures 

Sham methodology is a hallmark of Amnesty publications on the conflict.  When describing specific Israeli operations, Amnesty informs readers that it had “found no evidence that any of these strikes were directed at a military objective.” 

It is unclear – absent communication with Hamas members or access to Israeli intelligence – on what basis the NGO has made such a sweeping claim, particularly given the Hamas modus operandi of locating all of its members and materiel in civilian settings.

According to international law, assessment of the legality of a military strike requires knowledge of the specific target, the anticipated collateral damage, if any, and of the military advantage that the attacker believed it would gain – knowledge that Amnesty clearly does not have. Additionally, Amnesty does not have access to the requisite information to determine if a particular individual was a civilian or a member of Hamas or other Palestinian terrorist organizations.  

Moreover, contrary to what is implied in Amnesty’s statement, the fact that civilians were harmed in an attack – in cases in which the casualties were in fact civilians – does not ipso facto make it illegal under international law. Every loss of civilian life is tragic, but not every tragedy is a war crime. 

In another blatant methodological failure evident in the press release, Amnesty apparently parrots the Gaza Ministry of Health in citing 42,000 as the number of Palestinian fatalities as of October 7th, 2024. As has been repeatedly documented, these claims are not credible, and do not distinguish between combatants and civilians. In contrast, when discussing Israeli casualty data, Amnesty makes a point of distinguishing civilians from soldiers.

The press release also includes some examples – none of which can be independently verified – that ostensibly support the accusation of genocide. For example, Amnesty claims to have “documented the genocidal acts” in 15 air strikes between 7 October 2023 and 20 April 2024. “Amnesty International found no evidence that any of these strikes were directed at a military objective.” As noted, Amnesty had no independently verifiable evidence of anything taking place in Gaza and could not possibly document any of the claims – this and similar accusations are entirely without substantive merit and designed to reinforce the propaganda claim. 

Propaganda to Promote ICC Lawfare and Arms Embargoes

Amnesty’s report, rather than serious research, must be viewed in the context of the ICC and the NGO arms embargo cases in which Amnesty is playing a central role, used as a PR tool to bolster these campaigns. According to Amnesty, states must “arrest[ing] and hand[ing] over those wanted by the ICC,” referring to Israel’s Prime Minister and former Defense Minister.  Additionally, the NGO asserts that “States that continue to transfer arms to Israel at this time must know they are violating their obligation to prevent genocide and are at risk of becoming complicit in genocide.” 

It is clear that in promoting genocide inversion, Amnesty – which has devoted many years to the delegitimization of Israel regardless of policies – is simply continuing its decades long lawfare campaign. 

As the six former US prosecutors of Nazi war crimes wrote, “The core truth is that the genocidal frenzy of killing, rape, torture, kidnapping, and mutilation that Hamas launched in Israel on Oct. 7 were crimes of monstrous evil …. People of goodwill here and abroad should reject propaganda that conflates genocide with the heartbreak of casualties in defensive war and that dishonestly portrays Israel — which is combatting genocide no less heroically and necessarily than did our fighting forces in Europe in the 1940s — as a perpetrator of that infamous crime.”