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Hamas war crimes

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This is an old revision of this page, as edited by Marokwitz (talk | contribs) at 05:45, 8 April 2024 (From child article Use of human shields by Hamas). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Aftermath of Hamas rocket attacks in the Barzilai Medical Center in Ashkelon in 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, since being elected into power of the Gaza Strip in 2006.

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 center,[1] while it has previously made remarks expressing support for Palestinians refusing to flee areas Israel has targeted.[2]

The Israeli accusations have been supported by NATO,[3] 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".[4][5] 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.'"[6]

2023 Israel–Hamas war

Main articles: 2023 Israel–Hamas war and 2023 Hamas-led attack on Israel

Applicability of laws of war

Hamas gunman shooting at a civilian vehicle in Israel[7]

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 treats war and terrorism as separate legal categories.[8][9] The Israeli, American, EU, UK, Japanese, and Canadian governments define Hamas as a terrorist group. However, some disagree with this characterization and claim Hamas are not terrorists.[10] While the term "international law" pertains to states, it also applies to insurgent and terrorist armed forces. Even if an insurgency is deemed lawful — meaning it meets the criteria of "just cause", it must adhere to the principles of "just means". Regarding Hamas and its combatants, even if they have a presumptive right to fight against what they term as an "Israeli occupation," they must still abide by legal rules of "discrimination", "proportionality", and "military necessity".[11]

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.[12]

On 10 October 2023 the OHCHR stated the taking of hostages and use of human shields were war crimes.[13] United Nations Human Rights chief Volker Türk noted that militant groups' "horrifying mass killings" were violations of international law.[14]

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 and murdered over 360 people, as well as taking over 40 people hostage. Considering the attack on festivalgoers as indiscriminate in nature, along with a lack of Israeli military presence during the massacre, it could only be considered as an intentional attack against civilians.[15][16][17]

References

  1. ^ Marsi, Federica (November 13, 2023). "What is a 'human shield' and why is Israel using the term in Gaza?". Al Jazeera. Retrieved December 6, 2023.
  2. ^ Worrall, Patrick (24 July 2014). "Does Hamas use civilians as human shields?". Channel 4 News. Archived from the original on 2 November 2023.
  3. ^ "Hamas' use of human shields in Gaza" (PDF). NATO Strategic Communications Centre of Excellence.
  4. ^ "Secretary-General's press conference on the Middle East | United Nations Secretary-General". www.un.org. Retrieved 14 November 2023.
  5. ^ "EU nations condemn Hamas for what they describe as use of hospitals, civilians as 'human shields'". AP News. 13 November 2023. Retrieved 14 November 2023.
  6. ^ "Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis". Human Rights Watch. 14 November 2023. Retrieved 14 November 2023.
  7. ^ "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 22 December 2023. 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.
  8. ^ "War and terrorism". Council of Europe. Archived from the original on 31 October 2023. Retrieved 31 October 2023.
  9. ^ 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 31 October 2023.
  10. ^ Marks, Monica (30 October 2023). "What the World Gets Wrong About Hamas". Time Magazine. Archived from the original on 31 October 2023. Retrieved 31 October 2023.
  11. ^ Cite error: The named reference baed was invoked but never defined (see the help page).
  12. ^ "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 9 October 2023.
  13. ^ "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 31 October 2023.
  14. ^ 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 15 October 2023.
  15. ^ "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.
  16. ^ "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.
  17. ^ 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.


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