The question of whether Hamas broke international law is a complex one. Since the latest round of violence between Hamas and Israel began on 7 October 2023, both sides have been accused of violating international law. The United Nations is collecting evidence of war crimes committed by both parties. Hamas has been accused of killing civilians, including children, and abducting others as hostages. Legal experts argue that firing rockets indiscriminately from Gaza into Israel may also constitute a war crime. On the other hand, Israel has been criticised for its collective punishment of Gaza's residents, blocking food, water, electricity, and fuel supplies. The International Committee of the Red Cross has stated that such actions are not compatible with international humanitarian law. The debate about the applicability of international law to non-state actors like Hamas is ongoing.
Characteristics | Values |
---|---|
Killing of civilians | Hamas killed at least 1,400 Israeli civilians, including children, during its surprise attack on Israeli territory on October 7. |
Hostage-taking | Hamas has taken hundreds of hostages, including Israeli, American, and other foreign nationals. |
Use of human shields | Hamas has used civilians as human shields. |
Indiscriminate attacks | Hamas has carried out indiscriminate rocket attacks against Israeli targets, endangering civilian structures and individuals. |
Collective punishment | Hamas has committed the war crime of collective punishment by cutting off food, water, electricity, and fuel to Gaza's population. |
Destruction of property | Hamas has indiscriminately attacked civilian property and infrastructure in Israel. |
Use of prohibited weapons | There are accusations that Hamas has used munitions containing white phosphorus in densely populated areas, which is widely condemned. |
What You'll Learn
Hamas's indiscriminate killing of civilians
Hamas has been accused of indiscriminately killing civilians and, thus, violating international humanitarian law. On 7 October 2023, Hamas militants fired thousands of rockets at Israeli towns and cities and sent hundreds of gunmen across the border from Gaza. They attacked and killed civilians, including children and retirees, in their homes and neighbourhoods. Hamas militants have also been accused of raping women during the attacks.
On 7 October, Hamas militants attacked the Nova Music Festival, held near the Gaza border, where at least 260 people were killed. Amnesty International's Crisis Evidence Lab verified the location and time of 18 videos, mainly filmed by survivors. Seven of the videos show armed men shooting at civilians, while continuous gunshots are heard in the background. Five videos show people trying to escape, and in one video, an armed man is seen shooting directly at a civilian lying on the ground.
In addition to the horrific summary killings of civilians, Hamas militants have also taken hostages. According to Israeli officials, at least 150 hostages have been taken into Gaza, including children and foreign nationals. Videos verified by Amnesty International show Hamas fighters abducting and intentionally killing civilians in and around Israeli residential communities close to the Gaza Strip.
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Hamas's use of human shields
Since the latest round of violence between Hamas and Israel began on October 7, 2023, both sides have been accused of breaking international law and committing war crimes.
Hamas has been accused of using human shields in the Gaza Strip, attempting to protect itself from Israeli attacks by storing weapons in civilian infrastructure, launching rockets from residential areas, and telling residents to ignore Israeli warnings to evacuate.
US President Joe Biden, European Commission President Ursula von der Leyen, and other world leaders have charged Hamas with using civilians as human shields. During a UN Security Council meeting on the situation in Gaza, Secretary-General Guterres stated unequivocally that "protecting civilians can never mean using them as human shields."
Hamas has denied using civilians and civilian infrastructure, including hospitals, as human shields. However, human rights groups have emphasized that even if Hamas were using human shields, Israel must still abide by international law, particularly the principle of proportionality.
Amnesty International investigated Israeli claims that Hamas used human shields during the 2008-2009 and 2014 Gaza Wars but found no evidence to support these allegations. They did find that Hamas launched rockets from civilian areas, endangering civilians and violating the requirement to protect civilians from military action. However, this does not qualify as shielding under international law.
During the 2023-2024 conflict, EU nations and the UN Secretary-General accused Hamas of using hospitals and civilians as human shields. In 2024, Human Rights Watch reported at least two incidents where Palestinian fighters appeared to have used Israeli hostages as human shields during the 2023 Hamas-led attack.
In November 2024, the UN reported that Israel often did not provide substantial evidence for its human shields allegations in Gaza, and they were unable to independently verify these claims. The UN also raised concerns about Palestinian armed groups' compliance with International Humanitarian Law regarding the placement of military objectives near densely populated areas.
The use of human shields is a highly controversial issue, and determining intent is crucial in such cases. While Hamas has been accused of using human shields, it is important to note that the mere presence of civilians or civilian objects does not constitute human shielding under international law. The intention to use their presence to protect against enemy attacks is what constitutes a violation.
The debate around Hamas' use of human shields is complex and multifaceted, with allegations, denials, and varying interpretations of international law.
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Israel's collective punishment of Gaza
Israel's military campaign in the Gaza Strip has been criticised by various international bodies and organisations, including Amnesty International, the United Nations, and the International Committee of the Red Cross, for violating international humanitarian law and amounting to collective punishment of the civilian population.
Amnesty International's Secretary General, Agnès Callamard, stated that the "collective punishment of Gaza's civilian population amounts to a war crime – it is cruel and inhumane." She emphasised that Israel, as the occupying power, has a clear obligation under international law to ensure the basic needs of Gaza's civilian population are met. The organisation also noted that the blockade on the Gaza Strip, which has been in place since 2007, constitutes collective punishment, with the current fighting marking the sixth major military operation between Israel and Gaza-based armed groups during this period.
The United Nations has also condemned the collective punishment of civilians in Gaza. The Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), Philippe Lazzarini, described the Israeli Defense Forces' bombardment of the Gaza Strip as "shocking", with an unprecedented level of destruction. He highlighted that basic services are crumbling, and medicine, food, water, and fuel are running out, amounting to a "collective punishment". Lisa Doughten, Director of the Humanitarian Financing and Resource Mobilization Division, painted a bleak picture of the plight of Gazans, stating that people are becoming increasingly desperate as they search for food, water, and shelter amid the relentless bombing campaign.
The International Committee of the Red Cross has also weighed in, stating that the Israeli instruction for hundreds of thousands of people to leave their homes, coupled with the complete siege denying them food, water, and electricity, is not compatible with international humanitarian law.
In response to the allegations, the Israeli army has asserted that it follows international law and only strikes legitimate military targets. It claims that Hamas embeds itself among the civilian population and uses medical facilities and civilians as human shields. However, these claims have been disputed, and the rights and wrongs of such warfare are complex and rarely tested in court.
While the debate continues, the civilian population in Gaza continues to bear the brunt of the conflict, facing dire humanitarian consequences and a deteriorating quality of life.
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Israel's use of white phosphorus
In October 2023, Human Rights Watch and Amnesty International reviewed and verified videos and witness accounts, concluding that Israeli forces had used white phosphorus in Lebanon and Gaza. The evidence showed multiple airbursts of artillery-fired white phosphorus over the Gaza City port and rural locations along the Israel-Lebanon border. The use of white phosphorus in these areas puts civilians at grave risk of serious and long-term injuries, as the substance can burn down houses and cause widespread harm.
Amnesty International reported that the Israeli army's use of white phosphorus in southern Lebanon from October 10 to 16, 2023, resulted in at least nine civilians being injured and civilian objects being damaged. The organisation called for an investigation into the attack on the town of Dhayra on October 16 as a potential war crime due to its indiscriminate nature.
The use of white phosphorus is restricted under international humanitarian law. While there can be lawful uses, it must never be used in close proximity to civilian areas or infrastructure due to the high risk of fires and smoke spreading. Attacks that fail to distinguish between civilians and military targets are considered indiscriminate and prohibited.
Israel has defended its use of white phosphorus, stating that it is used only as a smokescreen and not to target civilians. However, human rights organisations have emphasised the need to re-examine the status and adequacy of Protocol III of the Convention on Conventional Weapons (CCW), which currently governs the use of incendiary weapons. They have also called for a ban on the use of "airburst" white phosphorus munitions in populated areas, as the technique of airbursting spreads burning wedges over a wider area, increasing the risk to civilians.
Palestine and Lebanon have joined Protocol III of the CCW, while Israel has not ratified it. The lack of ratification by Israel highlights a loophole in the protocol, as it only applies to weapons "primarily designed" to set fires or cause burns, potentially excluding multipurpose munitions like those containing white phosphorus.
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Israel's blocking of humanitarian relief
Israel's blockade of the Gaza Strip has been in place since 2007, when Hamas took control of the region. The blockade has been criticised by humanitarian organisations and the UN as a violation of international humanitarian law.
The blockade has led to a shortage of essential supplies in Gaza, including food, medicine, fuel, and water. In 2024, it was estimated that 83% of required food aid was not reaching Gaza, causing people to go from having an average of two meals a day to just one meal every other day. The blockade has also disrupted the supply of insulin and blood, with 65% of required insulin and half of the required blood supply unavailable in Gaza.
The lack of fuel has had a significant impact on the ability of hospitals to function, with fuel needed to power generators, ambulances, and water pumps. The shortage of fuel, combined with the destruction of critical infrastructure, has left only around 1,500 hospital beds operational in Gaza, compared to around 3,500 in 2023.
The blockade has also resulted in the displacement of civilians, with Israeli forces instructing hundreds of thousands of people to leave their homes in the northern Gaza Strip. This has been criticised by humanitarian organisations as a violation of international humanitarian law, as it amounts to forced displacement within an occupied territory.
In addition to the blockade, Israeli forces have been accused of attacking humanitarian aid workers and obstructing the delivery of aid. There have also been accusations of Israeli forces allowing or even protecting armed gangs that loot aid convoys.
The International Criminal Court (ICC) has issued warrants for the arrest of Israeli officials, including former Prime Minister Benjamin Netanyahu, for the war crime of starvation as a method of warfare. The ICC has also opened a formal probe into alleged war crimes committed by both Israel and Hamas during the 2014 conflict in Gaza.
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Frequently asked questions
War crimes are serious violations of the laws of war committed by individuals with criminal intent. This includes deliberately attacking civilians, taking hostages, and collective punishment.
Yes, Hamas has committed war crimes by firing rockets at Israeli towns and killing civilians, including children and retirees, in their homes and neighbourhoods.
Yes, Israel has committed war crimes by pounding Hamas-ruled Gaza with airstrikes and blocking deliveries of essential supplies like food, water, fuel, and electricity.
The ICC is the permanent court with jurisdiction over war crimes and can prosecute individuals for violations. However, some countries, including the US, Russia, and Israel, do not recognize the court's jurisdiction.
Enforcing the law during an ongoing conflict is difficult, and even after a conflict ends, holding perpetrators accountable can be elusive. The process of investigating and prosecuting war crimes can take years, and the intention of leaders and their direct responsibility for war crimes can be challenging to prove.