Hamas war crimes

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, 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.^[2][3] 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.^[4][5] While the term "international law" conventionally pertains to states, it has also been applied to insurgent and terrorist armed forces. ^[6] 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.^[7] 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.^[8][9]

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."^[10]

War Crimes

Targeting of Civilians

According to Amnesty International, the "prohibition on targeting civilians is absolute in international law".^[11]

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."^[12]

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.^[13]

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

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

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

During the Second Intifada, the majority of Israeli casualties were civilian non-combatants, with Hamas conducting numerous 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

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

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

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

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

• Children in the Israeli–Palestinian conflict
• Human rights in the State of Palestine
• Capital punishment in the Gaza Strip
• Criticism of Hamas
• Israeli war crimes

References