Hamas and other groups committed war crimes on October 7 – HRW

Hamas and at least four other armed Palestinian groups committed numerous war crimes and crimes against humanity against civilians during the attack on southern Israel on October 7, says the human rights organization Human Rights Watch.

A new report accuses the hundreds of armed men who breached the Gaza border fence of violations including targeted and indiscriminate attacks on civilians, the deliberate killing of detainees, sexual and gender-based violence, hostage-taking, mutilation of corpses and looting.

It also found that killing civilians and taking hostages were “central objectives of the planned attack” and not just an “afterthought”.

Hamas angrily rejected HRW’s “lies” and demanded an apology.

In the attacks nine months ago on more than 1,200 Israeli communities and cities, as well as on several military bases, two music festivals and a beach party, around 1,200 Israelis and foreigners – mostly civilians – were killed and 251 others taken hostage.

Israel responded with a military campaign in the Gaza Strip with the aim of destroying Hamas and freeing the hostages.

According to the Hamas-run Health Ministry, more than 38,790 people have been killed in the Gaza Strip since then; the figures do not distinguish between civilians and combatants.

HRW’s report does not address alleged violations of the laws of war by Israeli forces and Palestinian groups in the conflict sparked by the October 7 attack.

The report, released by HRW on Wednesday, is based on interviews with 144 people, including witnesses to the October 7 attack, and analysis of more than 280 photos and videos posted on social media or shared with the group’s researchers.

“At many attack sites, (Palestinian) fighters fired directly at civilians, often at close range, as they attempted to flee, and at people who happened to be driving vehicles in the area,” it said.

“They threw grenades and shot into shelters and other places of refuge and fired anti-tank grenades at houses. They set some houses on fire, burned and suffocated people, and forced others to leave their homes, whom they then captured or killed,” it said.

“They took hundreds hostage to bring them to Gaza or simply killed them.”

Hamas’ armed wing, the Izzedine al-Qassam Brigades, led the attack, but HRW says there is strong evidence of the involvement of at least four other Palestinian armed groups, based on headbands worn by the gunmen and their claims posted on social media:

The HRW report concludes that Palestinian groups have carried out a large-scale and systematic attack on the civilian population. Given the number of civilian objects attacked and the “planning of these crimes”, this constitutes a crime against humanity.

The report also concluded that the killing of civilians and the taking of hostages “were all central objectives of the planned attack and were not actions that occurred after the fact, as part of a failed plan, or as isolated acts, for example by actions carried out exclusively by non-partisan Palestinians from Gaza. As such, there is strong evidence of an organizational strategy to commit numerous crimes against humanity.”

According to the report, other potential crimes against humanity also need to be further investigated, including the persecution of an identifiable group on racial, national, ethnic or religious grounds, rape or sexual violence of comparable severity, and extermination, where mass murder has occurred with the aim of “annihilating” part of the population.

The report also includes a letter from Hamas responding to the allegations. The letter states that Hamas is “committed to respecting international law” and that the Izz al-Qassam Brigades “have given their members and fighters clear instructions not to attack civilians.”

Hamas also stated that the participation of Palestinians from Gaza without Hamas membership and other armed groups that were not involved in the originally planned attack led to “chaos on the ground”, a change “in the plan to carry out an operation against military targets” and “the occurrence of numerous errors”.

According to the report, HRW considers Hamas’s claim that its forces did not attempt to harm Israeli civilians to be “false.” Photos and videos showed gunmen searching for and killing civilians in various locations from the first moment of the attack.

In a statement issued after the report was published, Hamas said: “We reject the lies and blatant bias against the occupation (Israel), as well as the lack of professionalism and credibility in the Human Rights Watch report. We demand its retraction and an apology.”

In May, the International Criminal Court (ICC) prosecutor requested arrest warrants against Hamas Gaza leader Yahya Sinwar, military chief Mohammed Deif and political leader Ismail Haniyeh for crimes against humanity and war crimes beginning on October 7. He also requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

Both Hamas and Israel reacted angrily to the announcement.