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The Israeli accusations have been supported by [[NATO]],<ref name=":0">{{Cite journal |title=Hamas' use of human shields in Gaza |url=https://stratcomcoe.org/cuploads/pfiles/hamas_human_shields.pdf |journal=NATO Strategic Communications Centre of Excellence}}</ref> and during the [[2023 Israel–Hamas war]] EU nations condemned Hamas for using hospitals as human shields, while the [[Secretary-General of the United Nations|UN Secretary General]] said "Hamas and other militants use civilians as human shields".<ref>{{Cite web |title=Secretary-General's press conference on the Middle East {{!}} United Nations Secretary-General |url=https://www.un.org/sg/en/content/sg/speeches/2023-11-06/secretary-generals-press-conference-the-middle-east |access-date=14 November 2023 |website=www.un.org}}</ref><ref>{{Cite web |date=13 November 2023 |title=EU nations condemn Hamas for what they describe as use of hospitals, civilians as 'human shields' |url=https://apnews.com/article/european-union-condemn-hamas-human-shields-2c0d1c04cb38fc4acce37d8d624e1a3f |access-date=14 November 2023 |website=AP News |language=en}}</ref> 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.'"<ref name="HRW2023">{{cite web |title=Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis |url=https://www.hrw.org/news/2023/11/14/gaza-unlawful-israeli-hospital-strikes-worsen-health-crisis |website=Human Rights Watch |date=14 November 2023 |access-date=14 November 2023}}</ref>
The Israeli accusations have been supported by [[NATO]],<ref name=":0">{{Cite journal |title=Hamas' use of human shields in Gaza |url=https://stratcomcoe.org/cuploads/pfiles/hamas_human_shields.pdf |journal=NATO Strategic Communications Centre of Excellence}}</ref> and during the [[2023 Israel–Hamas war]] EU nations condemned Hamas for using hospitals as human shields, while the [[Secretary-General of the United Nations|UN Secretary General]] said "Hamas and other militants use civilians as human shields".<ref>{{Cite web |title=Secretary-General's press conference on the Middle East {{!}} United Nations Secretary-General |url=https://www.un.org/sg/en/content/sg/speeches/2023-11-06/secretary-generals-press-conference-the-middle-east |access-date=14 November 2023 |website=www.un.org}}</ref><ref>{{Cite web |date=13 November 2023 |title=EU nations condemn Hamas for what they describe as use of hospitals, civilians as 'human shields' |url=https://apnews.com/article/european-union-condemn-hamas-human-shields-2c0d1c04cb38fc4acce37d8d624e1a3f |access-date=14 November 2023 |website=AP News |language=en}}</ref> 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.'"<ref name="HRW2023">{{cite web |title=Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis |url=https://www.hrw.org/news/2023/11/14/gaza-unlawful-israeli-hospital-strikes-worsen-health-crisis |website=Human Rights Watch |date=14 November 2023 |access-date=14 November 2023}}</ref>

== 2014 Gaza war==
{{main|2014 Gaza war}}
==== Killing and shooting of Gazan civilians ====
{{anchor|Hamas rockets failing}}
Twenty civilians from [[Shuja'iyya]] were killed while protesting against Hamas.<ref name=solomon>{{cite news |url=http://www.jpost.com/Operation-Protective-Edge/Report-Hamas-executes-alleged-spies-shoots-protesters-in-Gaza-369331 |title=Report: Hamas executes alleged spies, shoots protesters in Gaza |first=Ariel Ben |last=Solomon |work=The Jerusalem Post |date=29 July 2014 |access-date=30 July 2014}}</ref> A few days later, Hamas reportedly killed two Gazans and wounded ten after a scuffle broke out over food handouts.<ref>{{cite web |url=http://www.algemeiner.com/2014/07/29/hamas-police-shoot-kill-starving-gazans-a-day-after-executing-protesters |title=Hamas Police Shoot, Kill Starving Gazans a Day After Executing Protesters |publisher=Algemeiner.com |date=29 July 2014 |access-date=12 August 2014}}</ref>

The IDF stated on 31 July that more than 280 Hamas rockets<ref name="failing_rockets">{{cite web |url=http://www.idfblog.com/blog/2014/07/31/hamas-launches-rockets-civilians-gaza |title=Hamas Launches Rockets on Civilians in Gaza |publisher=Idfblog.com |date=31 July 2014 |access-date=22 August 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140822025714/http://www.idfblog.com/blog/2014/07/31/hamas-launches-rockets-civilians-gaza/ |archive-date=22 August 2014}}</ref> 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.<ref name="Shifa-10">{{cite news |last1=Mohyeldin |first1=Ayman |last2=Nassar |first2=Paul Ziad |last3=Smith |first3=Alexander |title=Strikes Near Gaza's Shifa Hospital, Refugee Camp Kill at Least 10 |url=http://www.nbcnews.com/storyline/middle-east-unrest/strikes-near-gazas-shifa-hospital-refugee-camp-kill-least-10-n166571 |work=NBC News |date=28 July 2014}}</ref> Hamas denied that any of its rockets hit the Gaza Strip.,<ref name="failing_rockets" /><ref>{{cite news |url=http://www.worldtribune.com/2014/07/30/israel-says-10-percent-hamas-rockets-misfire-fall-gaza-strip |title=Israel: 10 percent of Hamas rockets misfired, landed in Gaza Strip |work=World Tribune |date=30 July 2014 |access-date=3 August 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140801101226/http://www.worldtribune.com/2014/07/30/israel-says-10-percent-hamas-rockets-misfire-fall-gaza-strip/ |archive-date=1 August 2014}}</ref><ref>{{cite news |url=http://www.jpost.com/Operation-Protective-Edge/10-Palestinians-killed-in-failed-Gazan-rocket-attack-IDF-says-369180 |title=10 Palestinians killed in failed Gazan rocket attack on Israel, IDF says |publisher=JPost |date=28 July 2014 |access-date=22 August 2014}}</ref> 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 are spotted by Israeli aircraft.<ref>{{cite web |url=http://www.worldtribune.com/2014/07/30/israel-says-10-percent-hamas-rockets-misfire-fall-gaza-strip/ |title=Israel: 10 percent of Hamas rockets misfired, landed in Gaza Strip |work=World Tribune |url-status=dead |archive-url=https://web.archive.org/web/20140808071549/http://www.worldtribune.com/2014/07/30/israel-says-10-percent-hamas-rockets-misfire-fall-gaza-strip/ |archive-date=8 August 2014}}</ref> While the Al-Shifa Hospital incident is disputed, early news reports have suggested that the strike was from an Israeli drone missile.<ref name="Shifa-10" /><ref>{{cite magazine |last1=Makarechi |first1=Kia |title=Who's Responsible for Bombing Near Gaza's Al-Shifa Hospital? |url=http://www.vanityfair.com/online/daily/2014/07/gaza-shifa-hospital-bombing |access-date=26 August 2014 |magazine=Vanity Fair |date=28 July 2014}}</ref><ref>{{cite news |last1=Westcott |first1=Lucy |title=Who Fired on Gaza's Shifa Hospital? |url=http://www.newsweek.com/mysterious-case-gazas-al-shifa-hospital-262086 |access-date=26 August 2014 |work=Newsweek |date=30 July 2014}}</ref> 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.<ref>Isabel Kershner, [https://www.nytimes.com/2015/03/26/world/middleeast/amnesty-international-sees-evidence-of-palestinian-war-crimes-in-14-gaza-conflict.html?mabReward=R3&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine Amnesty International Sees Evidence of Palestinian War Crimes in '14 Gaza Conflict], ''The New York Times'' (25 March 2015)</ref>

==== Killing of suspected collaborators ====
{{anchor|Hamas killing of collaborators}}
[[Shurat HaDin]] filed a suit with the [[International Criminal Court|ICC]] charging [[Khaled Mashaal]] with war crimes for the executions of 38 civilians.<ref name=fox_executions /><ref>{{cite web |url=http://www.jpost.com/Arab-Israeli-Conflict/NGO-asks-ICC-to-indict-Hamas-leader-Khaled-Mashaal-on-war-crimes-charges-374302 |title=NGO asks ICC to indict Hamas leader Khaled Mashaal on war crimes charges |date=3 September 2014 |access-date=23 October 2014}}</ref> 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.{{cn|date=May 2022}}

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.<ref>{{cite web |title=Palestine (State of): 'Strangling Necks' Abductions, torture and summary killings of Palestinians by Hamas forces during the 2014 Gaza/Israel conflict |url=https://www.amnesty.org/download/Documents/mde2116432015eng.pdf |website=amnesty.org |publisher=[[Amnesty International]] |access-date=27 May 2015 |location=United Kingdom |date=26 May 2015}}{{dead link|date=March 2016}}</ref><ref>{{cite news |title=Gaza Palestinians tortured, summarily killed by Hamas forces during 2014 conflict |url=https://www.amnesty.org/press-releases/2015/05/gaza-palestinians-tortured-summarily-killed-by-hamas-forces-during-2014-conflict/|archive-url=https://archive.today/20150527024539/https://www.amnesty.org/press-releases/2015/05/gaza-palestinians-tortured-summarily-killed-by-hamas-forces-during-2014-conflict/|url-status=dead|archive-date=27 May 2015 |access-date=27 May 2015 |work=[[Amnesty International]] |date=27 May 2015}}</ref>


== 2023 Israel–Hamas war ==
== 2023 Israel–Hamas war ==

Revision as of 05:52, 8 April 2024

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]

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.[7] A few days later, Hamas reportedly killed two Gazans and wounded ten after a scuffle broke out over food handouts.[8]

The IDF stated on 31 July that more than 280 Hamas rockets[9] 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.[10] Hamas denied that any of its rockets hit the Gaza Strip.,[9][11][12] 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 are spotted by Israeli aircraft.[13] While the Al-Shifa Hospital incident is disputed, early news reports have suggested that the strike was from an Israeli drone missile.[10][14][15] 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.[16]

Killing of suspected collaborators

Shurat HaDin filed a suit with the ICC charging Khaled Mashaal with war crimes for the executions of 38 civilians.[17][18] 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.[19][20]

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[21]

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.[22][23] 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.[24] 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".[25]

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.[26]

On 10 October 2023 the OHCHR stated the taking of hostages and use of human shields were war crimes.[27] United Nations Human Rights chief Volker Türk noted that militant groups' "horrifying mass killings" were violations of international law.[28]

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.[29][30][31]

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. ^ Solomon, Ariel Ben (29 July 2014). "Report: Hamas executes alleged spies, shoots protesters in Gaza". The Jerusalem Post. Retrieved 30 July 2014.
  8. ^ "Hamas Police Shoot, Kill Starving Gazans a Day After Executing Protesters". Algemeiner.com. 29 July 2014. Retrieved 12 August 2014.
  9. ^ a b "Hamas Launches Rockets on Civilians in Gaza". Idfblog.com. 31 July 2014. Archived from the original on 22 August 2014. Retrieved 22 August 2014.
  10. ^ 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.
  11. ^ "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 3 August 2014.
  12. ^ "10 Palestinians killed in failed Gazan rocket attack on Israel, IDF says". JPost. 28 July 2014. Retrieved 22 August 2014.
  13. ^ "Israel: 10 percent of Hamas rockets misfired, landed in Gaza Strip". World Tribune. Archived from the original on 8 August 2014.
  14. ^ Makarechi, Kia (28 July 2014). "Who's Responsible for Bombing Near Gaza's Al-Shifa Hospital?". Vanity Fair. Retrieved 26 August 2014.
  15. ^ Westcott, Lucy (30 July 2014). "Who Fired on Gaza's Shifa Hospital?". Newsweek. Retrieved 26 August 2014.
  16. ^ Isabel Kershner, Amnesty International Sees Evidence of Palestinian War Crimes in '14 Gaza Conflict, The New York Times (25 March 2015)
  17. ^ Cite error: The named reference fox_executions was invoked but never defined (see the help page).
  18. ^ "NGO asks ICC to indict Hamas leader Khaled Mashaal on war crimes charges". 3 September 2014. Retrieved 23 October 2014.
  19. ^ "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 27 May 2015.[dead link]
  20. ^ "Gaza Palestinians tortured, summarily killed by Hamas forces during 2014 conflict". Amnesty International. 27 May 2015. Archived from the original on 27 May 2015. Retrieved 27 May 2015.
  21. ^ "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.
  22. ^ "War and terrorism". Council of Europe. Archived from the original on 31 October 2023. Retrieved 31 October 2023.
  23. ^ 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.
  24. ^ 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.
  25. ^ Cite error: The named reference baed was invoked but never defined (see the help page).
  26. ^ "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.
  27. ^ "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.
  28. ^ 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.
  29. ^ "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.
  30. ^ "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.
  31. ^ 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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