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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.
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]
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]
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. [12]
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." [14]
In the decade between 2000 and 2010, there were 146 suicide attacks committed by Palestinian militant groups against Israelis, resulting in 516 fatalities. [15] 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. [16]
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, [17] while it has previously made remarks expressing support for Palestinians refusing to flee areas Israel has targeted. [18]
The Israeli accusations have been supported by NATO, [19] 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". [20] [21] 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.'" [22]
Between 2000 and 2021, over 17,000 rockets were fired into Israel from Gaza. [23] Hamas' use of indiscriminate rocket attacks on civilians has been widely condemned as a war crime. [24] [25] 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.” [26]
During the Second Intifada, the majority[ ambiguous ] of Israeli casualties were civilian non-combatants, with Hamas conducting numerous[ ambiguous ] attacks deliberately targeting civilians. [27] [28]
Prominent examples include:
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According to the Jerusalem Post, during the 2014 Gaza War, 20 civilians from Shuja'iyya were killed while protesting against Hamas. [29] A few days later, Hamas reportedly killed two Palestinians in Gaza and wounded ten after a scuffle broke out over food handouts. [30]
The IDF stated on 31 July that more than 280 Hamas rockets [31] 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. [32] Out of the Hamas denied that any of its rockets hit the Gaza Strip., [31] [33] [34] but Palestinian sources[ who? ] 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. [35] While the Al-Shifa Hospital incident is disputed, early news reports have suggested that the strike was from an Israeli drone missile. [32] [36] [37] UK based human rights group, 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. [38]
Shurat HaDin filed a suit with the ICC charging Khaled Mashal with war crimes for the executions of 38 civilians. [39] [40] 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. [41] [42]
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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. [44] On 10 October 2023 the OHCHR stated the taking of hostages and use of human shields were war crimes. [45] United Nations Human Rights chief Volker Türk noted that militant groups' "horrifying mass killings" were violations of international law. [46]
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. [47] [48] [49]
At c. 7:10 a.m., on 7 October 2023, [50] around 70 al-Qassam and DFLP militants had entered and attacked the kibbutz of Be'eri, taking over 130 peoples' lives, [51] including women (such as peace activist Vivian Silver), [52] children, [53] toddlers, and one infant, [54] [55] [56] [57] in total claiming the lives of 10% of the farming community's residents. Dozens of homes were also burned down. [58]
Human Rights Watch has stated that "Hamas and Islamic Jihad are committing war crimes by holding scores of Israelis and others as hostages in Gaza". [59] During the Hamas attack approximately 200 people were taken hostage by militants. Hostages taken during the 7 October attacks by Hamas militants included women, children, elderly and infants. [60] [61] [62]
On August 31, 2024, the IDF recovered the bodies of six hostages, including Hersh Goldberg-Polin, from a tunnel in Rafah. Autopsies revealed that they had been killed from close range just 1–2 days earlier. Subsequently, it was reported that Hamas militants holding Israeli hostages in Gaza were given new orders to execute them if Israeli forces approached. [63] Following the recovery and burial of the hostages, Hamas released a propaganda video showing one of the slain captives before her death, seemingly intended to inflict psychological distress on the families of the hostages. Additionally, Hamas issued a warning that it would execute any remaining hostages if Israel attempted a rescue operation. [64]
During the 7 October attack, Hamas fighters infiltrated Israeli kibbutz and festivals, where witnesses said they tortured, raped and sexually assaulted many women and girls of all ages, and some men. [65] Israeli police recorded the difficulty in collecting physical evidence in a war zone, due to this the full extent of the crimes may never be known. [66] Israeli authorities published testimonies from alleged captured Hamas militants, some bloodied and wincing in pain, recounting the violence they allegedly perpetrated, which they claimed confirmed accounts of sexual assault. [67] However, these accounts were noted from organizations such as Human Rights Watch and Amnesty International as likely extracted under torture, violating international law and basic human rights, and therefore inadmissible as credible evidence. [68] Additionally, a number of initial testimonies of sexual violence were discredited later. [69] [70] [71] Israel has accused international human rights groups of downplaying assault reports. [72]
Alleged sexual violence has also been reported by released Israeli hostages, such as one of the Israeli hostages released during the temporary truce in late 2023 who told The Jerusalem Post that at least three women were sexually assaulted by their Hamas captors. [73] [74] A United Nations report in March 2024 concluded that there was "clear and convincing information" that the Israeli hostages experienced "sexual violence, including rape" and there were "reasonable grounds" to believe such abuse is "ongoing against those still held in captivity". [75] [76] However, the report was not a full and legal investigation but designed to "collect and verify allegations", and thus the team highlighted that their conclusion "falls below 'beyond a reasonable doubt'." [77] Consequently, in April 2024, the UN refused to acknowledge the rape allegations against Hamas and did not include the group in the blacklist of state and non-state parties guilty of sexual violence in 2023 due to the lack of credible evidence. [78] [79] [80]
The independent UN Commission of Inquiry (CoI) subsequently published a legal and in-depth investigative report in June 2024 which concluded from “documented evidence” that "[w]hile the Commission was not able to reach a definitive conclusion with regards to rape" there was a pattern indicative of sexual violence by Palestinian forces during the attack, that these incidents were not isolated, and that Hamas and other militant groups were responsible for gender-based violence "by willful killings, abductions, and physical, mental and sexual abuse." [81] [82] [83] . The Commission said it was unable to independently verify allegations of rape, sexualized torture and genital mutilation due to Israel's obstruction of its investigation. [82] It also found "no credible evidence" that Palestinian militants "received orders to commit sexual violence," and thus was unable to draw conclusions on the issue. [82]
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.
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 about 200,000 of the more than 700,000 Palestinians who fled or were expelled from their homes settled in the Gaza Strip as refugees. Since then, Israel has been involved in about 15 wars involving organizations in the Gaza Strip. The number of Palestinians killed in the ongoing 2023–2024 war (41,000) is higher than the death toll of all other wars in the Israeli-Palestinian conflict combined.
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.
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 it killed 10 Palestinians, injured 130 and imprisoned more than 600. Hamas reportedly did not retaliate but resumed rocket attacks on Israel more than two weeks later, following the killing of one of its militants by an Israeli airstrike on 29 June. This escalation triggered a seven-week-long conflict between the two sides, one of the deadliest outbreaks of open conflict between Israel and the Palestinians in decades. The war 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.
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.
Following the 2021 Israel–Palestine crisis, the United Nations Human Rights Council voted on 27 May 2021 to set up a United Nations fact-finding mission to investigate possible war crimes and other abuses committed in Israel and the Occupied Palestinian territories, the Independent International Commission of Inquiry on the Occupied Palestinian Territory.
On 7 October 2023, Hamas and several other Palestinian militant groups launched coordinated armed incursions from the Gaza Strip into the Gaza Envelope of southern Israel, the first invasion of Israeli territory since the 1948 Arab–Israeli War. The attack coincided with the Jewish religious holiday Simchat Torah. Hamas and other Palestinian armed groups codenamed the attacks Operation Al-Aqsa Flood, while in Israel they are referred to as Black Saturday or the Simchat Torah Massacre, and internationally as the 7 October attacks.
Israeli war crimes are violations of international criminal law, including war crimes, crimes against humanity and the crime of genocide, which Israeli security forces have committed or been accused of committing since the founding of Israel in 1948. These have included murder, intentional targeting of civilians, killing prisoners of war and surrendered combatants, indiscriminate attacks, collective punishment, starvation, persecution, the use of human shields, sexual violence and rape, torture, pillage, forced transfer, breach of medical neutrality, enforced disappearance, targeting journalists, attacking civilian and protected objects, wanton destruction, incitement to genocide, and genocide.
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.
The Israeli Air Force was founded on 28 May 1948. Since the 2005 Israeli disengagement from Gaza, the 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.
Hamas has been accused of using human shields in the Gaza Strip, purposely attempting 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 accused Hamas of maintaining command and control bunkers and tunnel infrastructure below hospitals, with some of the accusations being supported by the United States, the European Union, and the United Nations Secretary General. Hamas has denied using civilians and civilian infrastructure, including hospitals, as human shields.
Women in the Israel–Hamas war refers to the experience of Israeli and Palestinian women as victims of violence, combatants, leadership partners, and as participants in informational campaigns during the Israel–Hamas war. The conflict has been marked by violence towards women, including reports of rape and sexual violence by Hamas militants. Following the Hamas-led attack on Israel on October 7, 2023, there were testimonies and videos indicating that Hamas employed methods of severe torture, including violence and sexual violence against Israeli women and children. Close to 100 Israeli women were taken hostage and held in Gaza, leading to efforts by Israeli women and organizations to raise awareness and promote their release. The UN Secretary-General and UN Women condemned the gender-based violence against Israeli women during the attacks.
The accusation of the use of human shields is a common theme in the Israeli–Palestinian conflict. The Israel Defense Forces (IDF) has used civilians as human shields multiple times to discourage Palestinian combattants from attacking, and to perform life-threatening tasks. Accusations against Palestinian militant groups including Hamas that they use Palestinian civilians as shields are commonly made by Israel and allied countries but have been contested by independent investigations; use of Israeli civilians as shields in the October 7 attack, however, has been evidenced by victim testimony. In addition, 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 2023 Hamas-led attack on Israel, Israeli women, girls, and men were reportedly subject to sexual violence, including rape and sexual assault by Hamas or other Gazan militants. The extent of sexual violence perpetuated by militants or whether sexual violence occurred at all during the attacks is disputed. Initially said to be "dozens" by Israeli authorities, they later clarified they could not provide a number. The militants involved in the attack are accused of having committed acts of gender-based violence, war crimes, and crimes against humanity. Hamas has denied that its fighters committed any sexual assaults, and has called for an impartial international investigation into the accusations.
The 2023 Israel–Hamas war led to an intensive interrogation program by Israeli intelligence agencies, particularly Israel's domestic security agency, Shin Bet and IDF's Unit 504, targeting captured "Hamas militants". Following the sudden attack on 7 October, which killed more than 1,100 Israelis, alleged militants were captured in Israel. Israel has claimed that the interrogation of the suspects revealed significant insights into the group's strategies, ideologies, and operational methods that played a crucial role in Israel's military response and in shaping the global understanding of the conflict.
During the ongoing Israel–Hamas war, Israeli male and female soldiers, guards as well as medical staff have reportedly committed wartime sexual violence against Palestinian children, women and men including rape, gang-rape, sexualized torture and mutilation. In February, UN experts cited at least two cases of Palestinian women being raped by male Israeli soldiers. Palestinian boys and men have also been raped and subjected to torture, and in some cases, the torture has led to the victim's death.
During the Israel–Hamas war, Israel has systematically tortured Palestinians detained in its prison system. This torture has been reported by the United Nations, Human Rights Watch, Amnesty International, as well as Israeli nonprofit human rights organizations such as Physicians for Human Rights Israel and B'Tselem.
Since the beginning of the Israel–Hamas war in 2023, the Israeli military and authorities have been charged with committing war crimes, such as indiscriminate attacks on civilians in densely populated areas ; genocide; forced evacuations; the torture and executions of civilians; sexual violence; destruction of cultural heritage; collective punishment; and the mistreatment and torture of Palestinian prisoners. Humanitarian organizations such as Human Rights Watch, Amnesty International, B'tselem, and Oxfam, as well as human rights groups and experts, including the UN Independent International Commission of Inquiry and United Nations special rapporteurs, have documented these actions.
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.