Colonial legacies, dehumanization, and international law: analysis of the Gaza genocide. Historical foundations, theoretical perspective, and legal implications

Abstract

The roots of the plausible genocide in Palestine lie in more than a century of colonial history that has profoundly shaped the region. Indeed, the war between Israel and Hamas since Oct. 7 is not an isolated phenomenon, but the result of colonial legacies and power dynamics. This research will analyze the influence of colonial legacies in international response and implementation of law in the alleged genocide in Gaza. In addition, theoretical perspectives on dehumanization and international law are analyzed to assess how these frameworks address human rights violations against Palestinians. The hypothesis posits that historical and colonial power dynamics shape international reactions and legal measures. Using critical analysis of historical texts, official statements, and media reports, the study assesses the role of colonial history and dehumanization in the war. It finds that these factors significantly affect international responses, exposing systemic biases and shortcomings in legal frameworks. Despite existing human rights instruments, legal responses are often hindered by political and historical influences. To improve justice and accountability in Gaza genocide, the international community must address these colonial legacies and strive to decolonize legal and diplomatic frameworks. Keywords: Israeli-Palestinian question, Gaza, genocide, colonialism, human rights violations, international law, dehumanization.