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Hamas war crimes

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The aftermath of Hamas rocket attacks in the Barzilai Medical Center in Ashkelon, October 2023[1]

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.

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

Main article: List of Palestinian 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.[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]

Use of human shields

Main article: Use of human shields by Hamas

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]

Indiscriminate attacks

Further information: Palestinian rocket attacks on Israel

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]

Second Intifada

Main articles: Second Intifada and Civilian casualties in the Second Intifada

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:

Name Date Dead Injured Notes
HaSharon Mall suicide bombing May 18, 2001 5 100
Dolphinarium discotheque suicide bombing June 1, 2001 21 100+
Sbarro restaurant suicide bombing August 9, 2001 16 130 Carried out with Palestinian Islamic Jihad
Nahariya train station suicide bombing September 9, 2001 3 94
Ben Yehuda Street Bombing December 1, 2001 11 188
Haifa bus 16 suicide bombing December 2, 2001 15 40
Café Moment bombing March 9, 2002 11 54
Passover massacre March 27, 2002 29 140 Carried out with Palestinian Islamic Jihad
Kiryat HaYovel supermarket bombing March 29, 2002 2 28
Matza restaurant suicide bombing March 31, 2002 16 31
Yagur Junction bombing April 10, 2002 8 19
2002 Rishon LeZion bombing May 7, 2002 16 55
Netanya Market bombing May 19, 2002 3 59 Carried out with PFLP
Patt Junction Bus Bombing June 18, 2002 19 74+
Immanuel bus attack July 16, 2002 9 20
Hebrew University massacre July 31, 2002 9 80
Meron Junction Bus 361 attack August 4, 2002 9 38
Allenby Street bus bombing September 19, 2002 6 70+
Kiryat Menachem bus bombing November 21, 2002 11 50+
Haifa bus 37 suicide bombing March 5, 2003 17 53
Mike's Place suicide bombing April 30, 2003 3 50+ Carried out with al-Aqsa Martyrs' Brigades
Jerusalem bus 6 bombing May 18, 2003 7 20
Davidka Square bus bombing June 11, 2003 17 100+
Tzrifin bus stop attack September 9, 2003 9 30
Café Hillel bombing September 9, 2003 7 50+
Gaza Street bus bombing January 29, 2004 11 50+ carried out with Al-Aqsa Martyrs' Brigade
Ashdod Port massacre March 14, 2004 10 16 Carried out with Al-Aqsa Martyrs' Brigade
Beersheba bus bombings August 31, 2004 16 100+
Karni border crossing attack January 13, 2005 6 5 Carried out with Al-Aqsa Martyrs' Brigades and Popular Resistance Committees

2014 Gaza war

Main article: 2014 Gaza war

Killing and shooting of Gazan civilians

Twenty civilians from Shuja'iyya were killed while protesting against Hamas.[29] A few days later, Hamas reportedly killed two Gazans 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] Hamas denied that any of its rockets hit the Gaza Strip.,[31][33][34] 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.[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] 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]

Killing of suspected collaborators

Shurat HaDin filed a suit with the ICC charging Khaled Mashaal 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]

2023 Israel–Hamas war

Main articles: 2023 Israel–Hamas war and 2023 Hamas-led attack on Israel
Hamas gunman shooting at a civilian vehicle in Israel[43]

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]

Re'im music festival massacre

Main article: 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.[47][48][49]

Be'eri massacre

Main article: Be'eri massacre
Zaka volunteers assisting in the removal of bodies

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]

See also

References

  1. ^ Efrati, Ido (2023-11-01). "Direct Rocket Hits, Partial Protection: How a Hospital Operates in Israel's Most Bombarded City". Haaretz. Retrieved 2024-04-09.
  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.
  3. ^ "War and terrorism". Council of Europe. Archived from the original on 31 October 2023. Retrieved 8 April 2024.
  4. ^ Thynne, Kelisiana (18 February 2022). "Better a war criminal or a terrorist? A comparative study of war crimes and counterterrorism legislation". International Review of the Red Cross. Archived from the original on 31 October 2023. Retrieved 8 April 2024.
  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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  9. ^ "Questions and Answers: October 2023 Hostilities between Israel and Palestinian Armed Groups | Human Rights Watch". 2023-10-09. Retrieved 2024-04-08.
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  11. ^ "Suicide Bombing Attacks Against Israeli Civilians". www.hrw.org. Retrieved 2024-04-08.
  12. ^ a b "Palestinian Authority: Hamas must stop targeting of civilians" (PDF). amnesty.org. Amnesty International. January 31, 2006. Retrieved April 9, 2024.
  13. ^ "I. SUMMARY". www.hrw.org. Retrieved 2024-04-08.
  14. ^ "Suicide Bombing Attacks Against Israeli Civilians". www.hrw.org. Human Rights Watch. October 2002. Retrieved 2024-04-10.
  15. ^ Schweitzer, Yoram (October 2010). "The Rise and Fall of Suicide Bombings in the Second Intifada" (PDF). Strategic Assessment. 13 (3). The Institute for National Security Studies, Tel Aviv University: 39.
  16. ^ Human Capital and the Productivity of Suicide Bombers pdf Journal of Economic Perspectives Volume 21, Number 3, Summer 2007. Pages 223–238 Archived January 27, 2013(Date mismatch), at the Wayback Machine
  17. ^ Marsi, Federica (November 13, 2023). "What is a 'human shield' and why is Israel using the term in Gaza?". Al Jazeera. Retrieved April 8, 2024.
  18. ^ Worrall, Patrick (24 July 2014). "Does Hamas use civilians as human shields?". Channel 4 News. Archived from the original on 2 November 2023.
  19. ^ "Hamas' use of human shields in Gaza" (PDF). NATO Strategic Communications Centre of Excellence.
  20. ^ "Secretary-General's press conference on the Middle East | United Nations Secretary-General". www.un.org. Retrieved 8 April 2024.
  21. ^ "EU nations condemn Hamas for what they describe as use of hospitals, civilians as 'human shields'". AP News. 13 November 2023. Retrieved 8 April 2024.
  22. ^ "Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis". Human Rights Watch. 14 November 2023. Retrieved 8 April 2024.
  23. ^ Pinfold, Rob (2022). "Security, Terrorism, and Territorial Withdrawal: Critically Reassessing the Lessons of Israel's "Unilateral Disengagement" from the Gaza Strip". International Studies Perspectives: 10.
  24. ^ "Gaza: Palestinian Rockets Unlawfully Targeted Israeli Civilians | Human Rights Watch". 2012-12-24. Retrieved 2024-04-10.
  25. ^ Ban Ki-moon 'appalled' by Gaza destruction Archived 25 September 2015 at the Wayback Machine, The Independent 20 January 2009
  26. ^ "Palestinian UN rep says every missile fired from Gaza at Israel is 'a crime against humanity'". timesofisrael.com. The Times of Israel. July 14, 2014. Retrieved April 10, 2024.
  27. ^ Manekin, Devorah (October 2013). "Violence Against Civilians in the Second Intifada The Moderating Effect of Armed Group Structure on Opportunistic Violence". Comparative Political Studies. 46 (10). Sage Journals: 1285. doi:10.1177/0010414013489382.
  28. ^ Milton-Edwards, Beverley (2021). "MANAGING VIOLENT CONFLICT: HUDNA AND TAHDIʾA, BEYOND A STRATEGIC PAUSE". Violence in Islamic Thought from European Imperialism to the Post-Colonial Era. Edinburgh University Press. p. 321. ISBN 978-1-4744-8550-0. JSTOR 10.3366/j.ctv1ns7mwk.18.
  29. ^ Solomon, Ariel Ben (29 July 2014). "Report: Hamas executes alleged spies, shoots protesters in Gaza". The Jerusalem Post. Retrieved 8 April 2024.
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  32. ^ a b Mohyeldin, Ayman; Nassar, Paul Ziad; Smith, Alexander (28 July 2014). "Strikes Near Gaza's Shifa Hospital, Refugee Camp Kill at Least 10". NBC News.
  33. ^ "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.
  34. ^ "10 Palestinians killed in failed Gazan rocket attack on Israel, IDF says". JPost. 28 July 2014. Retrieved 8 April 2024.
  35. ^ "Israel: 10 percent of Hamas rockets misfired, landed in Gaza Strip". World Tribune. Archived from the original on 8 August 2014.
  36. ^ Makarechi, Kia (28 July 2014). "Who's Responsible for Bombing Near Gaza's Al-Shifa Hospital?". Vanity Fair. Retrieved 8 April 2024.
  37. ^ Westcott, Lucy (30 July 2014). "Who Fired on Gaza's Shifa Hospital?". Newsweek. Retrieved 8 April 2024.
  38. ^ Isabel Kershner, Amnesty International Sees Evidence of Palestinian War Crimes in '14 Gaza Conflict, The New York Times (25 March 2015)
  39. ^ Paul Alster (7 September 2014). "Israeli group wants Hamas leader to face war crimes charges for Gaza executions". Fox News. Retrieved 8 April 2024.
  40. ^ "NGO asks ICC to indict Hamas leader Khaled Mashaal on war crimes charges". 3 September 2014. Retrieved 8 April 2024.
  41. ^ "Palestine (State of): 'Strangling Necks' Abductions, torture and summary killings of Palestinians by Hamas forces during the 2014 Gaza/Israel conflict" (PDF). amnesty.org. United Kingdom: Amnesty International. 26 May 2015. Retrieved 8 April 2024.[dead link]
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  43. ^ "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.
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  45. ^ "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.
  46. ^ 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.
  47. ^ "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.
  48. ^ "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.
  49. ^ 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.
  50. ^ Margalit, Ruth (9 October 2023). "The Devastation of Be'eri". The New Yorker. Retrieved 9 April 2024.
  51. ^ Shaulov, Roni; Zitun, Yoav (18 October 2023). "Charred remains of mother, son recovered 11 days after Hamas massacre". Ynetnews. Ynet. Retrieved 9 April 2024.
  52. ^ "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.
  53. ^ Kelly, Meg; Cahlan, Sarah (9 October 2023). "Video shows apparent death of Israeli hostages in Hamas custody". Washington Post. Retrieved 9 April 2024.
  54. ^ "Israel social security data reveals true picture of Oct 7 deaths". 15 December 2023.
  55. ^ "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.
  56. ^ "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.
  57. ^ "ynet - מלחמת 7 באוקטובר: פרטי החללים והנרצחים". ynet (in Hebrew). Retrieved 2024-04-09.
  58. ^ 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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