Hamas war crimes

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The aftermath of Hamas rocket attacks in the Barzilai Medical Center in Ashkelon, October 2023 nmyy z rhrwy skhtmn bymrstn shkhlwn dr jnwb sry'yl khh hdf rkht grwh Hms qrr grfth.png
The aftermath of Hamas rocket attacks in the Barzilai Medical Center in Ashkelon, October 2023

Hamas war crimes are the violations of international criminal law, including war crimes and crimes against humanity, which the Islamist Nationalist organization Hamas and its paramilitary wing, the al-Qassam Brigades have been accused of committing. These have included murder, intentional targeting of civilians, killing prisoners of war and surrendered combatants, indiscriminate attacks, the use of human shields, rape [2] , torture and pillage.

Contents

Applicability of laws of war

Determining the applicability of laws of war to militant groups is a difficult question, as both the Council of Europe and International Committee of the Red Cross note that international law traditionally treats war and terrorism as separate legal categories. [3] [4] The Israeli, American, EU, UK, Japanese, and Canadian governments define Hamas as a terrorist group. However, many countries have disagreed with this characterization and have engaged with Hamas as a legitimate political entity. [5] [6] While the term "international law" conventionally pertains to states, it has also been applied to insurgent and terrorist armed forces. [7] Accordingly, even insurgencies deemed lawful under international law that meet the criteria of "just cause" must also adhere to principles of "just means" as well. [8] Regarding Hamas and its combatants, even if they have a presumptive right to fight against what they term as an "illegal occupation," they must still abide by legal rules of "discrimination", "proportionality", and "military necessity" under international law as conventional states do. [9] [10]

According to Human Rights Watch, "international humanitarian law, through the well-established doctrine of command responsibility" also applies "to political and other leaders insofar as they have 'effective responsibility and control' over the actors in question...thus making its leadership also criminally liable." [11]

War crimes

Targeting of civilians

According to Amnesty International, the "prohibition on targeting civilians is absolute in international law". [12]

Human Rights Watch has declared that the "scale and systematic nature" of Hamas' targeting of Israeli civilians "meet the definition of a crime against humanity", and that its particular use of suicide bombings taking "place in the context of violence that amounts to armed conflict...are also war crimes." [13]

Suicide attacks

According to Amnesty International, "the campaign of suicide bombings and deliberate attacks against Israeli civilians by Hamas and other armed groups constitutes crimes against humanity. [14]

Between September 1993 and the outbreak of the Second Intifada in September 2000, "Palestinian groups carried out fourteen suicide bombing attacks against Israeli civilians, mostly in 1996-97, killing more than 120 and wounding over 550. Hamas said it committed most of the attacks." [15]

In the decade between 2000 and 2010, there were 146 suicide attacks committed by Palestinian militant groups against Israelis, resulting in 516 fatalities. [16] A 2007 Harvard University study of 135 Palestinian suicide attacks conducted between September 2000 and August 2005 determined Hamas responsible for 39.9% of such attacks during that period. [17]

Use of human shields

Israel has accused Hamas of using human shields in the Gaza Strip, saying that Hamas has purposely attempted to shield itself from Israeli attacks by storing weapons in civilian infrastructure, launching rockets from residential areas, and telling residents to ignore Israeli warnings to flee. Israel has also accused Hamas of maintaining command and control bunkers and tunnel infrastructure below hospitals. Hamas has denied using hospitals to shield any command centre, [18] while it has previously made remarks expressing support for Palestinians refusing to flee areas Israel has targeted. [19]

The Israeli accusations have been supported by NATO, [20] and during the 2023 Israel–Hamas war EU nations condemned Hamas for using hospitals as human shields, while the UN Secretary General said "Hamas and other militants use civilians as human shields". [21] [22] In 2023, HRW stated "Hamas and other Palestinian armed groups need to take all feasible precautions to protect civilians under their control from the effects of attacks and not use civilians as 'human shields.'" [23]

Indiscriminate attacks

Between 2000 and 2021, over 17,000 rockets were fired into Israel from Gaza. [24] Hamas' use of indiscriminate rocket attacks on civilians has been widely condemned as a war crime. [25] [26] Palestinian UN Observer Ibrahim Kraishi has equally decried the attacks, stating that "every rocket and mortar fired from Gaza toward Israel is a “crime against humanity.” [27]

Second Intifada

During the Second Intifada, the majority of Israeli casualties were civilian non-combatants, with Hamas conducting numerous attacks deliberately targeting civilians. [28] [29]

Prominent examples include:

NameDateDeadInjuredNotes
HaSharon Mall suicide bombing May 18, 20015100
Dolphinarium discotheque suicide bombing June 1, 200121100+
Sbarro restaurant suicide bombing August 9, 200116130Carried out with Palestinian Islamic Jihad
Nahariya train station suicide bombing September 9, 2001394
Ben Yehuda Street Bombing December 1, 200111188
Haifa bus 16 suicide bombing December 2, 20011540
Café Moment bombing March 9, 20021154
Passover massacre March 27, 200229140Carried out with Palestinian Islamic Jihad
Kiryat HaYovel supermarket bombing March 29, 2002228
Matza restaurant suicide bombing March 31, 20021631
Yagur Junction bombing April 10, 2002819
2002 Rishon LeZion bombing May 7, 20021655
Netanya Market bombing May 19, 2002359Carried out with PFLP
Patt Junction Bus Bombing June 18, 20021974+
Immanuel bus attack July 16, 2002920
Hebrew University massacre July 31, 2002980
Meron Junction Bus 361 attack August 4, 2002938
Allenby Street bus bombing September 19, 2002670+
Kiryat Menachem bus bombing November 21, 20021150+
Haifa bus 37 suicide bombing March 5, 20031753
Mike's Place suicide bombing April 30, 2003350+Carried out with al-Aqsa Martyrs' Brigades
Jerusalem bus 6 bombing May 18, 2003720
Davidka Square bus bombing June 11, 200317100+
Tzrifin bus stop attack September 9, 2003930
Café Hillel bombing September 9, 2003750+
Gaza Street bus bombing January 29, 20041150+carried out with Al-Aqsa Martyrs' Brigade
Ashdod Port massacre March 14, 20041016Carried out with Al-Aqsa Martyrs' Brigade
Beersheba bus bombings August 31, 200416100+
Karni border crossing attack January 13, 200565Carried out with Al-Aqsa Martyrs' Brigades and Popular Resistance Committees

2014 Gaza war

Killing and shooting of Gazan civilians

Twenty civilians from Shuja'iyya were killed while protesting against Hamas. [30] A few days later, Hamas reportedly killed two Gazans and wounded ten after a scuffle broke out over food handouts. [31]

The IDF stated on 31 July that more than 280 Hamas rockets [32] malfunctioned and fell inside the Gaza strip, hitting sites including Al-Shifa Hospital and the Al-Shati refugee camp, killing at least 11 and wounding dozens. [33] Hamas denied that any of its rockets hit the Gaza Strip., [32] [34] [35] but Palestinian sources said numerous rocket launches ended up falling in Gaza communities and that scores of people have been killed or injured. Israeli Military sources said the failed Hamas launches increased amid heavy Israeli air and artillery strikes throughout the Gaza Strip. They said the failed launches reflected poorly assembled rockets as well as the rush to load and fire projectiles before they were spotted by Israeli aircraft. [36] While the Al-Shifa Hospital incident is disputed, early news reports have suggested that the strike was from an Israeli drone missile. [33] [37] [38] Amnesty International concluded that the explosion at the Shati refugee camp on 28 July in which 13 civilians were killed was caused by a Palestinian rocket, despite Palestinian claims it was an Israeli missile. [39]

Killing of suspected collaborators

Shurat HaDin filed a suit with the ICC charging Khaled Mashaal with war crimes for the executions of 38 civilians. [40] [41] Hamas co-founder Ayman Taha was found dead; Al-Quds Al-Arabi reported he had been shot by Hamas for maintaining contact with the intelligence services of several Arab countries; Hamas stated he was targeted by an Israeli airstrike.[ citation needed ]

On 26 May 2015, Amnesty International released a report saying that Hamas carried out extrajudicial killings, abductions and arrests of Palestinians and used the Al-Shifa Hospital to detain, interrogate and torture suspects. It details the executions of at least 23 Palestinians accused of collaborating with Israel and torture of dozens of others, many victims of torture were members of the rival Palestinian movement, Fatah. [42] [43]

2023 Israel–Hamas war

Hamas gunman shooting at a civilian vehicle in Israel Hamas gunmen shooting into civilian car on October 7 2023.png
Hamas gunman shooting at a civilian vehicle in Israel

On 9 October 2023 Human Rights Watch stated that Hamas's apparent targeting of civilians, indiscriminate attacks, and taking of hostages amounted to war crimes. [45]

On 10 October 2023 the OHCHR stated the taking of hostages and use of human shields were war crimes. [46] United Nations Human Rights chief Volker Türk noted that militant groups' "horrifying mass killings" were violations of international law. [47]

Re'im music festival massacre

As one of the first massacres of many in the coordinated attacks on 7 October 2023, militants of the al-Qassam Brigades and other Palestinian factions entered a music festival in Re'im at c. 7 a.m. local time and murdered over 360 people, as well as taking over 40 people hostage. Considering the attack on festival goers as indiscriminate in nature, along with a lack of Israeli military presence during the massacre, it could only be considered an intentional attack against civilians. [48] [49] [50]

Be'eri massacre

Zaka volunteers assisting in the removal of bodies Gaza envelope after coordinated surprise offensive on Israel, October 2023 (KBG GPO04).jpg
Zaka volunteers assisting in the removal of bodies

At c. 7:10 a.m., on 7 October 2023, [51] around 70 al-Qassam and DFLP militants had entered and attacked the kibbutz of Be'eri, taking over 130 peoples' lives, [52] including women (such as peace activist Vivian Silver), [53] children, [54] toddlers, and one infant, [55] [56] [57] [58] in total claiming the lives of 10% of the farming community's residents. Dozens of homes were also burned down. [59]

See also

Related Research Articles

<span class="mw-page-title-main">Human shield</span> Non-combatants placed around a target to discourage enemy attacks

A human shield is a non-combatant who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it.

<span class="mw-page-title-main">Palestinian political violence</span> Political violence by Palestinians

Palestinian political violence refers to actions carried out by Palestinians with the intent to achieve political objectives that can involve the use of force, some of which are considered acts of terror, and often carried out in the context of the Israeli–Palestinian conflict and the Israeli occupation. Common objectives of political violence by Palestinian groups include self-determination in and sovereignty over Palestine, or the "liberation of Palestine" and recognition of a Palestinian state, either in place of both Israel and the Palestinian territories, or solely in the Palestinian territories. This includes the objective of ending the Israeli occupation. Some of the factions have called for the destruction of the state of Israel. More limited goals include the release of Palestinian prisoners or the Palestinian right of return.

<span class="mw-page-title-main">2006 Gaza–Israel conflict</span> Israeli military offensive in the Gaza strip

The 2006 Gaza–Israel conflict, known in Israel as Operation Summer Rains, was a series of battles between Palestinian militants and the Israel Defense Forces (IDF) during summer 2006, prompted by the capture of Israeli soldier Gilad Shalit by Palestinian militants on 25 June 2006. Large-scale conventional warfare occurred in the Gaza Strip, starting on 28 June 2006, which was the first major ground operation in the Gaza Strip since Israel's unilateral disengagement plan was implemented between August and September 2005.

The Gaza–Israel conflict is a localized part of the Israeli–Palestinian conflict beginning in 1948, when 200,000 Palestinians fled or were expelled from their homes, settling in the Gaza Strip as refugees. Since then, Israel has fought 15 wars against the Gaza Strip. The number of Gazans reportedly killed in the most recent 2023 war — 34,000 — is higher than the death toll of all other wars of the Arab-Israeli conflict.

<span class="mw-page-title-main">Gaza War (2008–2009)</span> Armed conflict between Israel and Palestinian militant groups in the Gaza Strip

The Gaza War, also known as Operation Cast Lead, also known as the Gaza Massacre, and referred to as the Battle of al-Furqan by Hamas, was a three-week armed conflict between Gaza Strip Palestinian paramilitary groups and the Israel Defense Forces (IDF) that began on 27 December 2008 and ended on 18 January 2009 with a unilateral ceasefire. The conflict resulted in 1,166–1,417 Palestinian and 13 Israeli deaths. Over 46,000 homes were destroyed in Gaza, making more than 100,000 people homeless.

Incidents in the Gaza War include incidents involving attacks against civilians, a school, a mosque, and naval confrontations.

Al-Shifa Hospital was the largest medical complex and central hospital in the Gaza Strip, located in the neighborhood of northern Rimal in Gaza City.

<span class="mw-page-title-main">Palestinian rocket attacks on Israel</span>

Since 2001, Palestinian militants have launched tens of thousands of rocket and mortar attacks on Israel from the Gaza Strip as part of the continuing Israeli–Palestinian conflict. The attacks, widely condemned for targeting civilians, have been described as terrorism by the United Nations, the European Union, and Israeli officials, and are defined as war crimes by human rights groups Amnesty International and Human Rights Watch. The international community considers indiscriminate attacks on civilian targets to be illegal under international law. Palestinian militants say rocket attacks are a response to Israel's blockade of Gaza, but the Palestinian Authority has condemned them and says rocket attacks undermine peace.

Accusations of violations regarding international humanitarian law, which governs the actions by belligerents during an armed conflict, have been directed at both Israel and Hamas for their actions during the 2008–2009 Gaza War. The accusations covered violating laws governing distinction and proportionality by Israel, the indiscriminate firing of rockets at civilian locations and extrajudicial violence within the Gaza Strip by Hamas. As of September 2009, some 360 complaints had been filed by individuals and NGOs at the prosecutor's office in the Hague calling for investigations into alleged crimes committed by Israel during the Gaza War.

<span class="mw-page-title-main">2014 Gaza War</span> Armed conflict between Israel and Palestinian militants

The 2014 Gaza War, also known as Operation Protective Edge, and Battle of the Withered Grain, was a military operation launched by Israel on 8 July 2014 in the Gaza Strip, a Palestinian territory that has been governed by Hamas since 2007. Following the kidnapping and murder of three Israeli teenagers in the West Bank by Hamas-affiliated Palestinian militants, the Israel Defense Forces (IDF) initiated Operation Brother's Keeper, in which some 350 Palestinians, including nearly all of the active Hamas militants in the West Bank, were arrested. Hamas subsequently fired a greater number of rockets into Israel from the Gaza Strip, triggering a seven-week-long conflict between the two sides. It was one of the deadliest outbreaks of open conflict between Israel and the Palestinians in decades. The combination of Palestinian rocket attacks and Israeli airstrikes resulted in over two thousand deaths, the vast majority of which were Gazan Palestinians. This includes a total of six Israeli civilians who were killed as a result of the conflict.

Aside from its use of political violence in pursuit of its goals, the Palestinian political and military organization Hamas has been widely criticised for a variety of reasons, including its alleged use of hate speech by its representatives, alleged use of human shields and child combatants as part of its military operations, alleged restriction of political freedoms within the Gaza Strip, and alleged human rights abuses.

<span class="mw-page-title-main">Wehda Street airstrikes</span> 2021 bombing of civilian area in Gaza

The Wehda Street airstrikes, known in Palestine as the Wehda Street massacre, took place on May 16, 2021, when Israeli forces bombed al-Wehda Street, a densely populated area located in one of Gaza's most prominent residential and commercial neighbourhoods. The bombardment was the single deadliest operation in an 11-day conflict between Israel and Gaza that erupted after weeks of turmoil in East Jerusalem. Some 44 Palestinian civilians died and approximately 50 were injured in the strike, the heaviest of many that, in exchanges between the IDF and Gaza militants, left 2500 Palestinians homeless, and displaced tens of thousands.

The year 2023 in Israel was defined first by wide-scale protests against a proposed judicial reform, and then by the Hamas-led attack on Israel on October 7, which led to a war and to Israel invading the Gaza Strip.

Events in 2023 in the Palestinian territories.

<span class="mw-page-title-main">Israeli invasion of the Gaza Strip (2023–present)</span> Israeli military operation

On 27 October 2023, Israel launched an invasion of the Gaza Strip with the stated goals to destroy Hamas, a military and political movement that led an attack on Israel earlier in the month, and to free hostages it took. The effort is ongoing. Before the invasion, dubbed Operation Swords of Iron, Israel declared war, tightened its blockade, and ordered the evacuation of the northern Gaza Strip.

<span class="mw-page-title-main">War crimes in the Israel–Hamas war</span> Violations of the laws of war during the 2023 Israel–Hamas war

Since the start of the Israel–Hamas war on 7 October 2023, the UN Human Rights Council has identified "clear evidence" of war crimes by both Hamas and the Israel Defense Forces. A UN Commission to the Israel–Palestine conflict stated that there is "clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza, and all those who have violated international law and targeted civilians must be held accountable." On 27 October, a spokesperson for the OHCHR called for an independent court to review potential war crimes committed by both sides.

Since 2005, Israel Defense Forces have launched thousands of airstrikes on the Gaza Strip from Israel as part of the continuing Gaza–Israel conflict. The airstrikes, widely condemned for targeting civilians, have been described as war crimes by the United Nations, human rights groups Amnesty International and Human Rights Watch. The international community considers indiscriminate attacks on civilian targets to be illegal under international law. Israel says the airstrikes are a response to the rocket attacks by Palestinian militants.

Many countries, including Israel has accused Hamas of using human shields in the Gaza Strip, saying that Hamas has purposely attempted to shield itself from Israeli attacks by storing weapons in civilian infrastructure, launching rockets from residential areas, and telling residents to ignore Israeli warnings to flee. Israel has also accused Hamas of maintaining command and control bunkers and tunnel infrastructure below hospitals.

The accusation of the use of human shields is a common theme in the Israeli–Palestinian conflict. Both the Israel Defense Forces (IDF), and Palestinian terrorist groups have used civilians as human shields to discourage the opposing side from attacking. Many activists have often voluntarily used themselves as human shields to stop Israeli violence against Palestinians: these include the International Solidarity Movement, and Israeli leftists.

During the Israel–Hamas war, Israel and the United States stated that a vast complex existed under al-Shifa hospital that was being used by Hamas as its "main operations base", which Hamas and hospital administrators denied. Following Israel's release of video evidence on 22 November, multiple news agencies concluded that the evidence did not demonstrate the use by Hamas of a command center. The New York Times also said the evidence does not show conclusive evidence of a vast network of tunnels, while Haaretz concluded that Hamas did use the hospital for military purposes. Amnesty International said on 23 November 2023 that "Amnesty International has so far not seen any credible evidence to support Israel’s claim that al-Shifa is housing a military command centre" and that "the Israeli military has so far failed to provide credible evidence" for the allegation. Izzat al-Risheq, a Hamas official, denied that the group used the hospital as a shield for its underground military structures, saying there was no truth to the claims.

References

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  2. ↑ "Reasonable Grounds to Believe Conflict-Related Sexual Violence Occurred in Israel During 7 October Attacks, Senior UN Official Tells Security Council | Meetings Coverage and Press Releases". press.un.org. Retrieved 2024-05-13.
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  5. ↑ Marks, Monica (30 October 2023). "What the World Gets Wrong About Hamas". Time Magazine. Archived from the original on 31 October 2023. Retrieved 8 April 2024.
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  26. ↑ Ban Ki-moon 'appalled' by Gaza destruction Archived 25 September 2015 at the Wayback Machine , The Independent 20 January 2009
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  31. ↑ "Hamas Police Shoot, Kill Starving Gazans a Day After Executing Protesters". Algemeiner.com. 29 July 2014. Retrieved 8 April 2024.
  32. 1 2 "Hamas Launches Rockets on Civilians in Gaza". Idfblog.com. 31 July 2014. Archived from the original on 22 August 2014. Retrieved 8 April 2024.
  33. 1 2 Mohyeldin, Ayman; Nassar, Paul Ziad; Smith, Alexander (28 July 2014). "Strikes Near Gaza's Shifa Hospital, Refugee Camp Kill at Least 10". NBC News.
  34. ↑ "Israel: 10 percent of Hamas rockets misfired, landed in Gaza Strip". World Tribune. 30 July 2014. Archived from the original on 1 August 2014. Retrieved 8 April 2024.
  35. ↑ "10 Palestinians killed in failed Gazan rocket attack on Israel, IDF says". JPost. 28 July 2014. Retrieved 8 April 2024.
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  37. ↑ Makarechi, Kia (28 July 2014). "Who's Responsible for Bombing Near Gaza's Al-Shifa Hospital?". Vanity Fair. Retrieved 8 April 2024.
  38. ↑ Westcott, Lucy (30 July 2014). "Who Fired on Gaza's Shifa Hospital?". Newsweek. Retrieved 8 April 2024.
  39. ↑ Isabel Kershner, Amnesty International Sees Evidence of Palestinian War Crimes in '14 Gaza Conflict, The New York Times (25 March 2015)
  40. ↑ Paul Alster (7 September 2014). "Israeli group wants Hamas leader to face war crimes charges for Gaza executions". Fox News. Retrieved 8 April 2024.
  41. ↑ "NGO asks ICC to indict Hamas leader Khaled Mashaal on war crimes charges". 3 September 2014. Retrieved 8 April 2024.
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  44. ↑ "Seventeen hours of terror: how Hamas invaded one Israeli community". The Financial Times. 21 December 2023. Archived from the original on 13 October 2023. Retrieved 8 April 2024. Security footage shows the two gunmen ambushing a Mazda and firing multiple shots into the vehicle. The bullet-ridden car rolls forward, the gate opens, and the men enter the kibbutz.
  45. ↑ "Israel/Palestine: Devastating Civilian Toll as Parties Flout Legal Obligations". Human Rights Watch . 9 October 2023. Archived from the original on 9 October 2023. Retrieved 8 April 2024.
  46. ↑ "Commission of Inquiry collecting evidence of war crimes committed by all sides in Israel and Occupied Palestinian Territories since 7 October 2023". OHCHR. Archived from the original on 22 October 2023. Retrieved 8 April 2024.
  47. ↑ Farge, Emma (10 October 2023). "UN rights chief condemns Israeli 'siege' of Gaza, militants' taking of hostages". Reuters. Archived from the original on 22 October 2023. Retrieved 8 April 2024.
  48. ↑ "Death count from Re'im music festival massacre reportedly updated to 364 – a third of Oct. 7 fatalities". timesofisrael.com. The Times of Israel. 17 November 2023. Retrieved 4 April 2024.
  49. ↑ "Israeli music festival: 260 bodies recovered from site where people fled in hail of bullets". bbc.com. British Broadcasting Corporation. 9 October 2023. Retrieved 4 April 2024.
  50. ↑ Browne, David; Dillon, Nancy; Grow, Kory (15 October 2023). "They Wanted to Dance in Peace. And They Got Slaughtered". rollingstone.com. Rolling Stone . Retrieved 4 April 2024.
  51. ↑ Margalit, Ruth (9 October 2023). "The Devastation of Be'eri". The New Yorker . Retrieved 9 April 2024.
  52. ↑ Shaulov, Roni; Zitun, Yoav (18 October 2023). "Charred remains of mother, son recovered 11 days after Hamas massacre". Ynetnews. Ynet . Retrieved 9 April 2024.
  53. ↑ "Canadian Israeli peace activist Vivian Silver, feared to be held hostage, confirmed killed in Hamas attacks". CBC News. 2023-11-13. Archived from the original on 13 November 2023. Retrieved 2024-04-09.
  54. ↑ Kelly, Meg; Cahlan, Sarah (9 October 2023). "Video shows apparent death of Israeli hostages in Hamas custody". Washington Post . Retrieved 9 April 2024.
  55. ↑ "Israel social security data reveals true picture of Oct 7 deaths". 15 December 2023.
  56. ↑ "עדויות תושבי העוטף ממתקפת הפתע על ישראל: "טובחים כאן בתינוקות"". Israel Hayom (in Hebrew). 7 October 2023. Archived from the original on 9 October 2023. Retrieved 9 April 2024.
  57. ↑ "המספרים נחשפים: נרצחו 13 ילדים, 31 נערים ו-25 מעל גיל 80 מתחילת המלחמה - וואלה! חדשות". וואלה! (in Hebrew). 2023-11-15. Retrieved 2024-04-09.
  58. ↑ "ynet - מלחמת 7 באוקטובר: פרטי החללים והנרצחים". ynet (in Hebrew). Retrieved 2024-04-09.
  59. ↑ Tzuri, Matan; Green Shaulov, Roni; Kutub, Adam (9 October 2023). "'After a minute, my friend was murdered in front of me'". Ynet . Archived from the original on 10 October 2023. Retrieved 9 April 2024.
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