Capital punishment in the Gaza Strip

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Capital punishment in the Gaza Strip has been enforced by multiple governments, militaries, and irregular militias throughout the area's history. A large proportion of the killings have been associated with broader violent conflicts.

Contents

The death penalty has been applied to offenses such as murder, treason, and terrorism. The death sentences for treason have been carried out by the Al-Qassam Brigades, for giving information to Israel or Egypt, but theoretically the penalty can apply to other offences (see: Palestinian land laws).

A small number of people in the Gaza Strip have been sentenced to death for murder convictions in civilian courts, but many death sentences have been implemented by military courts with limited accountability, or have been extrajudicial executions.

There are multiple cases of alleged extrajudicial executions - for example Mahmoud Ishtiwi [lower-alpha 1] and Fayeq Mabhouh [lower-alpha 2] - in which the reason for the killing, the circumstances of the death, and whether it constitutes an extrajudicial execution are controversial and disputed.

The Palestinian National Authority in Gaza

The State Security Court in Gaza (Arabic : محكمة أمن الدولة في غزة), which was formed in 1995, issued several death sentences against eight people, as follows: 3 in 1995, 3 in 1997, and 2 in 1999, all of which were in murder cases. Not all of them were implemented. [1]

Executions by Gaza's government and military (2007-2023)

Death penalty authorities internally after 2007

From the Battle of Gaza (2007) until the Israeli invasion of the Gaza Strip (2023–present) the Hamas government had control of the interior of the Gaza Strip on the ground, but they did not control the airspace, maritime borders, or land borders, Israel and Egypt contoured who passed. [2]

Two parallel Palestinian judicial systems carried out executions in the Gaza Strip. The judiciary of the Hamas-led civilian government and the military courts of the Ezzedeen al Qassam Brigades. The West Bank and Gaza Strip governments collaborate closely on issues such as health, but on other issues the Gaza Strip authorities act more autonomously. Theoretically Palestinian law requires approval from the Palestinian National Authority president (currently Mahmoud Abbas) for the death penalty, but the Hamas government in the Gaza Strip have disregarded this rule on multiple occasions. [3]

23 executed in 2014

During the 2014 conflict with Israel, Hamas executed 23 Palestinians in the Gaza Strip. [4] According to an Amnesty International report, [5] [6] 23 Palestinians were executed by "Hamas" in the course of the 2014 conflict, and 16 of them imprisoned from before the war began.[ citation needed ] From among the executed, 6 were killed by a firing squad outside a mosque in front of hundreds of spectators including children.[ citation needed ] Amnesty claimed that Hamas used the cover [7] of 2014 Gaza war [8] to carry out summary executions, including to “settle scores” against opponents under the pretext they were “collaborators with Israel”. [4]

January 2015 to January 2016

The Palestinian Center for Human Rights reported in December 2015 that Hamas issued nine death sentences in 2015. Hamas had sentenced four Gazans to death during the first weeks of 2016, all on suspicion of spying. [9]

Mahmoud Eshtewi - February 2016

In February 2016, Al Qassam executed of Mahmoud Eshtewi, [lower-alpha 1] (Arabic : محمود رشدي اشتيوي, romanized: Mahmoud Rushdi Eshtewi) [11] one of the group’s leading commanders, for very ambiguous reasons. [12] Some media interpreted the charges as a reference to gay sex. [13] [9] Eshtewi was survived by two widows and his three children.[ citation needed ]

May 2016

In May 2016, Hamas reportedly executed three men by firing squad and hanging. [14] The execution was performed in the al-Katiba prison. The executed men were convicted for murder. Reportedly, the execution defied protests from the United Nations and "will likely" deepen tensions with the Palestinian government in the West Bank. [14] Hamas defied an agreement with Fatah, the ruling party in the West Bank, by carrying out the executions without the approval of Palestinian President Mahmoud Abbas. Hamas later announced that 13 additional prisoners are to be executed. [15]

April 2017

In April 2017, it was reported that three Palestinians were executed by Hamas in Gaza Strip over alleged collaboration with Israel. [16] Reportedly, the men were hanged at a Hamas police compound, as dozens of Hamas leaders and officials watched the killing.[ citation needed ]

13 sentenced January-August 2022

According to B'Tselem, Hamas courts handed down 13 death sentences in January-August 2022, but had not carried out any since 2017. [3]

5 executed in September 2022

On 4 September 2022, Hamas announced they had executed five men, including two men condemned over collaboration with the occupation (Israel), and three others in criminal cases.[ citation needed ] A a resident of Khan Younis born 1968 was convicted of supplying Israel in 1991 with “information on men of the resistance, their residence… and the location of rocket launchpads”; a second man, born 1978, was for supplying Israel in 2001 with intelligence “that led to the targeting and martyrdom of citizens” by Israeli forces, according to Hamas. [3] The other three men had been convicted for murder.

Death sentences and executions in the Gaza Strip (2005-2023)

person(s)death sentenceexecution
№name(s)chargesauthoritydatedatelocationmethod
 ? Ayman Taha [ citation needed ]Treason4 August 2014UnknownShot
 ? Atta Najjar [17] Treason22 August 2014Katiba prisonUnknown
1 maleMahmoud Eshtewi [lower-roman 1] (Arabic : محمود اشتيوي)undefined [12] [lower-roman 2] Al Qassam [lower-roman 3] February 2016Gaza StripFiring squad (alleged by Al Qassam) [20] Prior death in custody (alleged by others)
3 unnamed peoplemurder (3)September 2022Gaza StripHanging[ citation needed ]
1 (54y) [lower-roman 4] A resident of Khan Younis Treason [lower-roman 5] Gaza StripHanging?[ citation needed ]
1 male (44y) [lower-roman 6] Treason [lower-roman 7] Gaza StripHanging?[ citation needed ]
1 maleShadi Abu Qouta (Arabic: شادي أبو قوطة)nonefatal police violence incidentJuly 2023 Khan Yunis municipalitya bulldozer and the demolished wall of his house [21]
37,000 [22] suspect members of Hamas and Palestinian Islamic Jihad not publicly definedIDF7 October 20237 October 2023 onwardsFamily homes in the Gaza Strip [22] airstrikes and artillery
  1. ↑ Sometimes spelled "Mahmoud Ishtiwi" or other ways.
  2. ↑ stated reason was for (Arabic: "تجاوزاته السلوكية والأخلاقية التي أقر بها") [18] [19] some Western tabloids speculated that the vague charges might refer to gay sex, [9] but most sources describe the charges as undefined or unnamed. [20] [12]
  3. ↑ Death penalty charge, treason (espionage), was dropped before his death.
  4. ↑ born 1968
  5. ↑ convicted of supplying Israel in 1991 with “information on men of the resistance, their residence… and the location of rocket launchpads”. [3]
  6. ↑ born 1978
  7. ↑ supplying Israel in 2001 with intelligence “that led to the targeting and martyrdom of citizens” by Israeli forces, according to Hamas. [3]

Executions by the Israeli Air Force before October 2023

Successful and unsuccessful targeted killings by the Israeli Air Force occurred in the Gaza Strip before and during the period of Hamas government control on the ground. According to Ronen Bergman, "since World War II, Israel has used assassination and targeted-killing more than any other country in" "the West", in many cases endangering the lives of civilians." [23]

Ahmed Yassin (2004)

Baby Ali Deif (2014)

Ali Deif (Arabic: علي الضيف) was the 7 month old baby son of Mohammed Deif. An airstrike on his family residence in 2014, which was one of many failed attempts to assassinate Mohammed Deif, instead killed only baby Ali, his 27 year old mother Widad, [24]

Several thousand people attended the funeral in Gaza, angrily demanding revenge against Israel and firing shots into the air. The bodies of Widad and Ali were taken from the wife’s family home to a mosque in Jabaliya refugee camp for prayers, then laid to rest in the sand of a cemetery. [24]

The Gospel

The IDF started using AI-assisted targeting in the Gaza Strip before the 2023 war. The Israeli Air Force ran out of targets to strike [25] in the 2014 war and 2021 crisis. [26] In an interview on France 24, investigative journalist Yuval Abraham of the left-wing +972 Magazine stated that to maintain military pressure, and due to political pressure to continue the war, the military would bomb the same places twice. [27] But initially this was mostly directed at buildings rather than people.[ citation needed ]

Israel-Hamas war

"Where's Daddy?"

Family homes in the Gaza Strip were hit by airstrikes in the early hours of 8 October 2023, [28] Systematic targeting of family homes in the Gaza Strip was later confirmed by multiple IDF whistle blowers interviewed by +972 magazine. The system was called "Where's daddy" because they would wait till a man was home and bomb the residence when he was there. [22] The list of 37,000 suspected members of Hamas and Palestinian Islamic Jihad became a "kill list". [22]

See also

Notes

  1. 1 2 Sometimes spelled "Mahmoud Ishtiwi". [10]
  2. ↑ The spelling of his name in English is extremely variable, including "Faiq Al-Mabhouh", "Fayek Mabhouh", and others. Many Arabic surnames start with an "Al" (Arabic: ال ), this is usually omitted in English, but sometimes retained. The most common Romanisations of his first name are "Fayeq", [29] [30] "Fayek", [31] [32] and "Faiq", [33] [34] but there are numerous other ways, ending in Q, K, G, or CK, e.g. Faack. [35] The Hebrew spelling is less variable (Hebrew: פאיק). [36]


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References

  1. ↑ "عقوبة الإعدام في مناطق السلطة الوطنية الفلسطينية بين التشريعات السارية والمعايير الدولية The death penalty in the areas of the Palestinian National Authority between applicable legislation and international standards". مركز المعلومات الوطني الفلسطيني Palestinian National Information Center. Archived from the original on 28 March 2020. Retrieved 28 March 2020.
  2. ↑ "What is Gaza Strip, the besieged Palestinian enclave under Israeli assault?". Al Jazeera. Retrieved 21 May 2024.
  3. 1 2 3 4 5 Times of Israel Archived 2022-09-04 at the Wayback Machine , 4 September 2022
  4. 1 2 Beaumont, Peter (27 May 2015). "Hamas executed 23 Palestinians under cover of Gaza conflict, says Amnesty". The Guardian . Retrieved 6 April 2016.
  5. ↑ "Hamas tortured and killed Palestinian 'collaborators' during Gaza conflict - new report". Amnesty International . Retrieved 6 April 2016.
  6. ↑ "'Strangling Necks': Abduction, torture and summary killings of Palestinians by Hamas forces during the 2014 Gaza/Israel conflict" (PDF). Amnesty International. Retrieved 6 April 2016.
  7. ↑ https://www.smh.com.au/world/hamas-accused-of-killing-and-torturing-palestinians-20150527-ghajf2.html
  8. ↑ https://www.972mag.com/photos-the-palestinian-families-obliterated-in-just-51-days/
  9. 1 2 3 Moore, Jack (2 March 2016). "Hamas executed a prominent commander after accusations of gay sex". Newsweek . Retrieved 6 April 2016.
  10. ↑ Pfeffer, Anshel (13 May 2024). "Hamas leader's torture tactics revealed in IDF tunnel raid". The Times. Retrieved 13 May 2024.
  11. ↑ https://www.alqassam.ps/arabic/statements/details/5276
  12. 1 2 3 "Hamas kills a local commander for unnamed 'violations'". AP News. AP. 7 February 2016. Retrieved 5 April 2024.
  13. ↑ Hadid, Diaa; Waheidi, Majd Al (1 March 2016). "Hamas Commander, Accused of Theft and Gay Sex, Is Killed by His Own". The New York Times . Archived from the original on 1 November 2023. Retrieved 1 November 2023.
  14. 1 2 Sanchez, Raf (31 May 2016). "Hamas begins executions in Gaza". The Daily Telegraph . Retrieved 6 April 2016.
  15. ↑ Dearden, Lizzie (2 June 2016). "Hamas resumes executions in Gaza". The Independent . Retrieved 6 April 2016.
  16. ↑ "Hamas executes 3 Palestinians over Israel ties". Associated Press via USA Today. 6 April 2017. Retrieved 6 April 2016.
  17. ↑ https://reliefweb.int/report/occupied-palestinian-territory/strangling-necks-abductions-torture-and-summary-killings
  18. ↑ "تعذيب وموت محتجز لدى حماس في غزة - Human Rights Watch". Human Rights Watch (in Arabic). 16 February 2016. Retrieved 19 May 2024. لتجاوزاته السلوكية والأخلاقية التي أقر بها - For his behavioral and moral transgressions that he acknowledged.
  19. ↑ "Palestine: Torture, Death of Hamas Detainee - Human Rights Watch". Human Rights Watch. 15 February 2016. Retrieved 19 May 2024. His family said they discovered that Qassam operatives held him in secret locations until February 7, when the group's Military Information Department issued a statement saying it had executed Eshtewi after sentencing him to death "for behavioral and moral violations to which he confessed."
  20. 1 2 "פלסטין: עציר עונה ומת בידי חמאס - Human Rights Watch" (in Hebrew). 15 February 2016. Retrieved 15 April 2024.
  21. ↑ "عائلة أبو قوطة تصدر بياناً حول واقعة مقتل ابنها وتكشف تفاصيل الحدث". دنيا الوطن (in Arabic). 27 July 2023. Retrieved 12 May 2024.
  22. 1 2 3 4 Iraqi, Amjad (3 April 2024). "'Lavender': The AI machine directing Israel's bombing spree in Gaza". +972 Magazine. Retrieved 14 May 2024.
  23. ↑ Ronen Bergman, 'How Arafat Eluded Israel’s Assassination Machine,' Archived 7 May 2018 at the Wayback Machine New York Times Magazine 23 January 2018
  24. 1 2 "Gaza: Thousand mourn death of Hamas chief's wife, baby son". Firstpost. 20 August 2014. Retrieved 14 May 2024.
  25. ↑ Davies, Harry; McKernan, Bethan; Sabbagh, Dan (December 2023). "'The Gospel': how Israel uses AI to select bombing targets in Gaza". The Guardian. Archived from the original on 2 December 2023. Retrieved 1 April 2024. The target division was created to address a chronic problem for the IDF: in earlier operations in Gaza, the air force repeatedly ran out of targets to strike. Since senior Hamas officials disappeared into tunnels at the start of any new offensive, sources said, systems such as the Gospel allowed the IDF to locate and attack a much larger pool of more junior operatives.

    One official, who worked on targeting decisions in previous Gaza operations, said the IDF had not previously targeted the homes of junior Hamas members for bombings. They said they believed that had changed for the present conflict, with the houses of suspected Hamas operatives now targeted regardless of rank.
  26. ↑ Lee, Gavin (12 December 2023). "Understanding how Israel uses 'Gospel' AI system in Gaza bombings". France24. Archived from the original on 20 February 2024. Retrieved 1 April 2024. Yuval Abraham: "Now, sources that I've spoken to that have operated the Gospel and have served in that center [...] they said the use of artificial intelligence is being incr- increasing trend in the military because in the past, the military ran out of targets in 2014 and 2021.
  27. ↑ Lee, Gavin (12 December 2023). "Understanding how Israel uses 'Gospel' AI system in Gaza bombings". France24. Archived from the original on 20 February 2024. Retrieved 1 April 2024. Yuval Abraham: I mean one source recalled how, for example, in 2021 and 2014, y'know, they ran out of targets. They had nothing left to bomb. There was nothing but quality to bomb. But there was political pressure to continue the war. There was a need to continue the pressure in Gaza. So one source recalled how in 2014, they would bomb the same places twice. When you have artificial intelligence, when you have automation, when you can create so many targets, often spending, y'know, less than a minute on a target that, at the end of the day, is killing families, y'know? So, so, so that allows you to continue wars, often even for political purposes, it could be, for much longer than you could in the past.
  28. ↑ "They live in a tent on the ruins of their destroyed home. Al Jazeera Live meets the remaining members of the Abu Qouta family in Rafah". Al Jazeera Mubasher. Al Jazeera. Retrieved 13 May 2024.
  29. McEnroe, Juno (24 February 2010). "State should expel Israeli ambassador, says brother". Irish Examiner. Retrieved 30 April 2024.
  30. "Top Palestinian police officer killed by Israel at northern Gaza hospital". Anadolu Agency. 19 March 2024. Retrieved 30 April 2024.
  31. "Senior Hamas commander killed in Israeli airstrike last week, White House says". 18 March 2024.
  32. Gabbatt, Adam (16 February 2010). "Members of hit squad suspected of killing Hamas man 'had UK passports'". The Guardian.
  33. "Hamas condemns top Palestinian police officer's assassination". The Palestinian Information Center. 18 March 2024. Retrieved 19 May 2024.
  34. https://www.timesofisrael.com/liveblog_entry/top-hamas-man-killed-in-shifa-hospital-is-brother-of-terror-group-leader-assassinated-in-dubai/
  35. "Troops engaged in shootout with Hamas logistics chief before killing him, new details show". 19 March 2024.
  36. "N12 - פאיק מבחוח: "המוסד חיסל את אחי"". 19 February 2010.


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