Queerness, Genocide, and International Law – A Look at Palestine

Banksy protest mural in Palestine. A mural by the artist Banksy on a wall in the West Bank village of Beit Sahour, June 18, 2014. Photo: Dreamstime.

This commentary examines how queerness intersects with genocide and international law in the context of Palestine. Ass. Professor Izat El Amoor argues that queer Palestinians confront not only Israel’s genocidal violence but also Western pinkwashing narratives that weaponize queerness to justify oppression. By situating pinkwashing and pinkwatching within broader struggles of decolonization, the piece shows how queer analysis exposes the hypocrisy of Western legal and human rights frameworks while offering new tools for resistance. Linking Israel’s use of pinkwashing to global failures of international law—including the ICJ case brought by South Africa—the essay insists that genocide studies must reckon with queerness as central, not peripheral, to understanding both the violence in Gaza and pathways toward Palestinian liberation.

By Izat El Amoor*

In the colossal scope of the annihilation of Palestinians since October 7, queerness is not a mere addendum when positioned in the scholarship and legality of genocide. As Palestinians contested Western discourses of international law and genocide for their liberation, queer Palestinians in parallel challenged Western discourses of queerness – pinkwashing[1] – that have been employed as genocidal tools against all Palestinians. Within the larger Palestinian decolonization struggle, a queer analysis reveals additional shortcomings of the current genocide scholarship and legal frameworks that are useful for Palestinian resistance yet might otherwise remain hidden.

Pinkwashing genocide emerged boisterously from within Israel’s toolbox against an increasing diplomatic and legal global isolating pressure. This pressure entailed a string of legal and humanitarian decisions/actions such as UN Security Council votes for Palestinian statehood and membership; UN Human Rights Council resolutions of crimes against humanity; ambassador recalls and severance of diplomatic relations with many countries; states’ recognition of Palestine; state-calls on the International Criminal Court (ICC) to investigate war crimes against civilians; state-requests for a court opinion on whether Israel’s occupation violates international law. Pinkwatching[2] aims at strengthening this pressure that Israel has been diligently countering via pinkwashing, amongst other schemes. Consequently, pinkwashing and pinkwatching—while contradictory—transpire as instructive of the pretense of Western hypocritical dichotomies tied to human rights, international law, and preventing/ending genocide insofar as Palestinian liberation.

The ICJ Case Through a Queer Lens

Though not obviously connected at first glance, South Africa’s case against Israel at the ICJ—filed on December 29, 2023, regarding Israel’s actions in Gaza and widely considered the most significant diplomatic/legal attempt to isolate Israel—can also be analyzed through this queer framework. South Africa alleged that Israel has committed genocide in Gaza, violating the Genocide Convention through 75 years of apartheid, 56 years of occupation, and a 16-year blockade prior to October 7. Specifically in Gaza, South Africa accused Israel of eight “genocidal acts”: killing Palestinians; inflicting serious bodily and mental harm; mass displacement; deprivation of food and water; denial of shelter, clothing, hygiene, and sanitation; blocking medical care; destroying Palestinian life; and imposing measures to prevent births.

On January 11–12, 2024, the Peace Palace in The Hague hosted two days of hearings on South Africa’s request for provisional measures. On January 26, 2024, the Court ordered Israel to take all steps to prevent acts that could qualify as genocide under the 1948 Genocide Convention. The Court acknowledged that at least some of South Africa’s claims could fall within the Convention’s scope. However, it did not order Israel to halt its military operations in Gaza, as South Africa requested. Still, both governments declared the ruling a win, each interpreting it as validation of their stance.

Although ICJ rulings carry binding force, they lack enforcement power, and Israel has refused to comply. South Africa’s foreign minister Naledi Pandor emphasized that compliance would be impossible without a ceasefire. On February 26, 2024, Human Rights Watch reported that Israel had not implemented the Court’s provisional measures and had “continued to obstruct the provision of basic services and the entry and distribution within Gaza of fuel and lifesaving aid.” That same day, Amnesty International stated that Israel was “defying” the ICJ ruling. On March 28, 2024, in response to worsening conditions, the ICJ issued additional emergency measures requiring Israel to guarantee basic food supplies to stave off famine. Then, on May 24, 2024 the Court ordered an immediate halt to Israel’s Rafah offensive, which Israel outright rejected.

Because both Israel and South Africa are signatories to the Genocide Convention, jurisdiction is established. South Africa argues that, as a state party, it has a duty to act to prevent genocide and is legally obligated to pursue all necessary measures. The Genocide Convention extends beyond punishment to prevention, recognizing genocide as more than mass killing. South Africa’s petition highlights this obligation, aiming to fulfill the Convention’s purpose. Despite historical precedent of international law failing Palestinians and the slim likelihood of success, the case still carried hope—not only for a ruling in South Africa’s favor but also for a possible end to Israel’s genocidal campaign.

Decolonial Struggles Beyond the Courtroom

Pinkwatching operates on a similar basis of hope for Palestinian collective liberation, even though Israel is unlikely to abandon its pinkwashing efforts. Both South Africa’s ICJ case and pinkwatching contribute to the Palestinian decolonization struggle, offering different tools for globally isolating Israel and its supporters. While pinkwatching may occupy a small place in international legal and political arenas, it nonetheless provides an important pathway for resistance. This resonates with Palestinian scholar Nora Erakat’s (2020) claim that law must work alongside political strategies if it is to meaningfully support Palestine.

Like South Africa’s ICJ case, pinkwatching underscores the divide between legality and morality in international affairs. Western responses to both overlook moral dimensions, thus blocking accountability-based decolonial breakthroughs. Legal efforts are essential to halt genocide, but they remain insufficient to achieve the deeper moral and spiritual transformation necessary in the West to ensure genocide truly stops and does not recur. Treating genocide solely as a legal matter exposes the inadequacy of law when societies, like Israel’s, persist in the immoral conviction of having the right to commit it. Pinkwashers similarly claim false moral authority, reinforcing the Western legal hypocrisy that South Africa challenges. Recognizing this, pinkwatching organizers long ago chose to work outside such flawed structures, rejecting Western queer discourses that cannot deliver Palestinian liberation. Their efforts affirm that a queer-informed path to freedom cannot rely on Western legal or rights-based paradigms.

International law’s stated responsibility to prevent genocide and protect victims has repeatedly faltered due to “realpolitik, the lack of political will, and economic interests,” in the words of scholar Samuel Totten (2011). Historically, Totten says, responses to genocide have been “inconsequential. Nothing that will rock or threaten a [genocidal] government or nation’s well-being. Nothing punitive.” Israel dismissed South Africa’s charges as “baseless,” accusing it of acting as “the legal arm” of Hamas while insisting its actions were self-defense under international law—claims that largely went uncontested.

Pinkwashing, Early Warnings, and the Dynamics of Genocide

A clear example of realpolitik overriding legal and scholarly genocide frameworks came in the US, Germany, and France backing Israel at the ICJ, despite their histories of complicity in past genocides. France declared that accusing Israel of genocide “is to cross a moral threshold.” Germany pledged to defend Israel in light of the Holocaust. The US dismissedthe ICJ case as a distraction from “peace and security.” Beyond a lack of will to prevent genocide, South Africa’s case reveals that failure itself is pursued to serve Western interests.[3] Thus, by undermining their own institutions of “justice” such as international law and the UN, Western powers show themselves not only complicit in but active facilitators[4] of genocide. Their justifications parallel pinkwashing narratives, which weaponize queerness under a veneer of liberal progressivism while disregarding Palestinian lives—queer and non-queer alike.

From a queer perspective, Gaza’s genocide illustrates what scholar Sheri Rosenberg (2013) describes as the “danger of classifications” in genocide prevention. The targeting of queer Palestinians demonstrates that genocide “must be understood as an unfolding process, considered in light of historical, political, and social factors” and recognized as a complex phenomenon rather than reduced to a definition. When genocide is confined to legal definitions “against which unfolding events are to be measured,” it prioritizes “legalism [and] subjects each genocide to a rigid test in order to maintain the integrity of the term and determine criminal culpability.” Seeing genocide in Palestine as dynamic rather than static makes space for analyzing pinkwashing and pinkwatching as integral to genocide studies. Queerness unsettles the field’s fixation on definitional debates and strengthens arguments such as Rosenberg’s for “early warning systems [that] seek to collect, analyze, and communicate information” to identify potential genocides before escalation. For Palestinians, decades of orientalist tropes—including the use of homophobia to dehumanize them—could have served as early warnings had queer experiences been taken seriously.

Beyond South Africa, a queer reading of Gaza’s genocide also pushes genocide studies to destabilize fixed ideas of group identity. Scholars like Lily Nellans (2020) and Patrick Vernon (2021) have noted the Genocide Convention’s failure to recognize groups defined by gender and sexuality. Scholar Matthew Waites (2018) argues that including sexual orientation and gender identity as protected groups allows recognition of violence against queer communities in Nazi Germany, Uganda, and the Gambia as genocidal. Although Israel’s violence in Gaza targets Palestinians indiscriminately, pinkwashing’s use of queerness to normalize genocidal policies highlights how queer identities are manipulated within genocidal contexts. This manipulation, shaped by pinkwashing, differs from past genocides, marking a distinct phenomenon in the Palestinian experience.

Testimonies Erased: Pinkwashing as Justification and Diversion

Scholar Thomas Simon (1996) argues that in the initial legal definitions of genocide, the Convention’s drafters assumed that the groups requiring protection were “permanent, stable, and intractable,” recognizable by all. Because queer Palestinians have historically resisted Western queer visibility politics—centered on recognition, citizenship, and coming out—they cannot be defined as a protected group under this framework. Scholars like Freda Kabatsi (2005) argue that while the drafters treated group existence as a prerequisite for other rights, pinkwashing constructs queer Palestinians as a group only through a savior-like gaze that conditions their rights and protection on Western recognition. By forcibly separating queer Palestinians from the broader society, this group-based framing legitimizes a genocide that in reality indiscriminately targets all Palestinians. This occurs, Kabatsi (2005)  says, when the “group and membership in it are defined by the perpetrator.” Through pinkwashing, Israel reshapes the definition of the Palestinian collective by isolating its queer members, portraying them as exceptions to the population at large. This narrative enables Israel to justify violence against Palestinians—including queers—while presenting itself as a defender of queer rights.

When examined through pinkwashing and pinkwatching, the instrumentalization of queerness to justify genocide reveals a key distinction between contemporary and historical genocides as studies by Robert Melson (2011) show. While queer people have been killed in earlier genocides, the case in Gaza differs because of the weaponization of both alleged Palestinian heteronormativity and Israel’s homonormativity, the latter being used to claim the role of “savior” of queer Palestinians in the process of ‘othering’ all Palestinians. This demonstrates, to build on Vernon (2021), that both heteronormativity and homonormativity are “relevant to genocidal violence against non-queer people as well as violence against queer people.” 

Genocide, therefore, emerges as a behavior rather than a consistent phenomenon across cases. In Palestine, this “comportment of genocide”—which may either define or obscure genocide—takes the form of pinkwashing (Kabatsi, 2005). Here, pinkwashing functions as both a tool of justification and a means of diversion in the genocidal narrative against Palestinians. This may, in fact, represent the first documented instance of such comportment through pinkwashing.

Queering the analysis of genocide in Palestine beyond legal approaches further underscores the importance of listening to victims. In genocidal contexts, as Melson (2011) argues, “testimonies of victims and survivors must be taken into account in order to better understand the motives of the perpetrators and bystanders” and to give victims and survivors a voice in the narrative of destruction. The testimonies of queer Palestinians and the work of pinkwatching activists, however, remain especially marginalized—not only because queer Palestinians, like all Palestinians, are killed in the genocide, but also because pinkwashing depicts them as either nonexistent or limited to experiencing social death in their communities, thus erasing their capacity to provide testimony. This is particularly relevant in light of the ICJ’s order that Israel preserve evidence of genocide and comply with UN investigations. Instead, Israel has systematically destroyed evidence by blocking journalists from entering Gaza, targeting and killing reporters, and denying UN workers access for documentation.

From Exceptionalism to Resistance: Rethinking Genocide Studies

Israel’s reliance on pinkwashing to avoid accountability has broader consequences beyond the devastation in Palestine. By exploiting queer communities in pursuit of ethnonationalist goals, Israel signals to other states that such practices can be adopted with impunity, without fear of consequences. Condemning Israel and the West’s disregard for international law, Irish MEP Clare Daly stated, “the rules-based order is in roaring form.” Israeli exceptionalism reinforces the fact that the West has always applied one standard of international law for its allies and another for the rest of the world. After months of openly discarding international law in Gaza, the collapse of the post–World War II system—built by the US and Europe to maintain global dominance—has become undeniable. Palestinians, including queer Palestinians and their pinkwatching allies, remain steadfast in their resistance to this destructive order.

Pinkwashing and pinkwatching emphasize the need for genocide studies and international law to adopt queer perspectives in documenting, analyzing, and explaining both Israel’s genocide and the international community’s failure to prevent it. Building on the leadership of pinkwatching activists, scholars must foreground the heteronormative and homonormative structures of Zionism, nationalism, colonialism, orientalism, and imperialism as central to understanding genocidal violence in Gaza and beyond. As scholarship continues to evolve, queerness must be acknowledged as an essential contributor to Palestinian liberation, complementing other political strategies. Since legal approaches alone have repeatedly proven insufficient for advancing decolonization, recognizing queerness at the intersection of law and politics is crucial.



(*) Dr. Izat El Amoor is a self-identified queer Palestinian, and an Assistant Professor of Sociology at Hendrix College studying LGBTQ issues in the Arab world, Palestine included.


 

References

Erakat, N. (2020). Justice for some: Law and the question of Palestine. Stanford University Press.

Kabatsi, F. (2005). “Defining or diverting genocide: Changing the comportment of genocide.” International Criminal Law Review, 5(4), 387–407.

Melson, R. (2011). “Critique of current genocide studies.” Genocide Studies and Prevention, 6(3), 279–286.

Nellans, L. (2020). “A queer (er) genocide studies.” Genocide Studies and Prevention: An International Journal, 14(3), 7–16.

Rosenberg, S. P. (2012). “Genocide is a process, not an event.” Genocide Studies and Prevention, 7(1), 16–23.

Simon, T. W. (1996). “Defining genocide.” Wisconsin International Law Journal, 15(2), 243–289.

Totten, S. (2011). “The state and future of genocide studies and prevention: An overview and analysis of some key issues.” Genocide Studies and Prevention, 6(3), 211–230.

Vernon, P. (2021). “Queering genocide as a performance of heterosexuality.” Millennium: Journal of International Studies, 49(2), 248–279.

Waites, M. (2018). “Genocide and global queer politics.” Journal of Genocide Research, 20(1), 44–67.



Footnotes

[1] To pinkwash, Israel exploits queer rights to project a progressive queer friendly image of itself while concealing its occupation and apartheid of Palestinians.

[2] Pro-Palestine anti-pinkwashing organizing.

[3] Some signs include the May 6th threatening letter by 12 US republican senators, led by Sen. Tom Cotton, to the ICC chief prosecutor Karim A.A. Khan with sanctions and banning ICC “employees and associates” from entering the US over possible warrants against Israel, saying explicitly, “target Israel and we will target you.” South Africa’s Pandor received the same letter. On May 20th, Khan applied for arrest warrants for Hamas chief Yahya Sinwar and Israeli Prime Minister Benjamin Netanyahu.

[4] The US and Germany, Israel’s top arms supplier, saw their weapon manufacturer corporates directly profit from the genocide as their share prices have exponentially risen since October 7.

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