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{{main|2023 Israel–Hamas war|2023 Hamas-led attack on Israel}}
{{main|2023 Israel–Hamas war|2023 Hamas-led attack on Israel}}
{{Expand section|date=April 2024}}
{{Expand section|date=April 2024}}

=== Applicability of laws of war===
[[File:Hamas gunmen shooting into civilian car on October 7 2023.png|thumb|Hamas gunman shooting at a civilian vehicle in Israel<ref>{{cite news |title=Seventeen hours of terror: how Hamas invaded one Israeli community |url=https://www.ft.com/content/209de510-e4d7-44c1-8bb1-b086af6a1f8a |access-date=22 December 2023 |publisher=The Financial Times |date=21 December 2023 |quote=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. |archive-date=13 October 2023 |archive-url=https://archive.today/20231013183640/https://www.ft.com/content/209de510-e4d7-44c1-8bb1-b086af6a1f8a |url-status=live }}</ref>]]
Determining the applicability of [[Law of war|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.<ref>{{cite web |title=War and terrorism |url=https://www.coe.int/en/web/compass/war-and-terrorism |website=Council of Europe |access-date=31 October 2023 |archive-date=31 October 2023 |archive-url=https://web.archive.org/web/20231031041143/https://www.coe.int/en/web/compass/war-and-terrorism |url-status=live }}</ref><ref>{{cite web |last1=Thynne |first1=Kelisiana |title=Better a war criminal or a terrorist? A comparative study of war crimes and counterterrorism legislation |url=https://international-review.icrc.org/articles/better-a-war-criminal-or-a-terrorist-a-comparative-study-916 |website=International Review of the Red Cross |date=18 February 2022 |access-date=31 October 2023 |archive-date=31 October 2023 |archive-url=https://web.archive.org/web/20231031042646/https://international-review.icrc.org/articles/better-a-war-criminal-or-a-terrorist-a-comparative-study-916 |url-status=live }}</ref> 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.<ref>{{cite web |last1=Marks |first1=Monica |title=What the World Gets Wrong About Hamas |url=https://time.com/6329776/hamas-isis-gaza/ |website=Time Magazine |date=30 October 2023 |access-date=31 October 2023 |archive-date=31 October 2023 |archive-url=https://web.archive.org/web/20231031004527/https://time.com/6329776/hamas-isis-gaza/ |url-status=live }}</ref> 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-occupied territories#Gaza Strip|Israeli occupation]]," they must still abide by legal rules of "discrimination", "proportionality", and "military necessity".<ref name="baed"/>

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.<ref name="HRW11">{{cite web|url=https://www.hrw.org/news/2023/10/09/israel/palestine-devastating-civilian-toll-parties-flout-legal-obligations|title=Israel/Palestine: Devastating Civilian Toll as Parties Flout Legal Obligations|work=[[Human Rights Watch]]|access-date=9 October 2023|date=9 October 2023|archive-date=9 October 2023|archive-url=https://web.archive.org/web/20231009202840/https://www.hrw.org/news/2023/10/09/israel/palestine-devastating-civilian-toll-parties-flout-legal-obligations|url-status=live}}</ref>

On 10 October 2023 the [[Office of the United Nations High Commissioner for Human Rights|OHCHR]] stated the taking of hostages and use of human shields were war crimes.<ref>{{cite web |title=Commission of Inquiry collecting evidence of war crimes committed by all sides in Israel and Occupied Palestinian Territories since 7 October 2023 |url=https://www.ohchr.org/en/press-releases/2023/10/commission-inquiry-collecting-evidence-war-crimes-committed-all-sides-israel |website=OHCHR |access-date=31 October 2023 |archive-date=22 October 2023 |archive-url=https://web.archive.org/web/20231022010006/https://www.ohchr.org/en/press-releases/2023/10/commission-inquiry-collecting-evidence-war-crimes-committed-all-sides-israel |url-status=live }}</ref> United Nations Human Rights chief [[Volker Türk]] noted that militant groups' "horrifying mass killings" were violations of international law.<ref>{{cite news|last1=Farge|first1=Emma|title=UN rights chief condemns Israeli 'siege' of Gaza, militants' taking of hostages|url=https://www.reuters.com/world/israeli-air-strikes-hit-residences-schools-across-gaza-un-rights-chief-2023-10-10/|website=Reuters|date=10 October 2023|access-date=15 October 2023|archive-date=22 October 2023|archive-url=https://web.archive.org/web/20231022010005/https://www.reuters.com/world/israeli-air-strikes-hit-residences-schools-across-gaza-un-rights-chief-2023-10-10/|url-status=live}}</ref>


=== Re'im music festival massacre ===
=== Re'im music festival massacre ===

Revision as of 05:43, 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.

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[1]

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.[2][3] 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.[4] 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".[5]

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.[6]

On 10 October 2023 the OHCHR stated the taking of hostages and use of human shields were war crimes.[7] United Nations Human Rights chief Volker Türk noted that militant groups' "horrifying mass killings" were violations of international law.[8]

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.[9][10][11]

References

  1. ^ "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.
  2. ^ "War and terrorism". Council of Europe. Archived from the original on 31 October 2023. Retrieved 31 October 2023.
  3. ^ 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.
  4. ^ 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.
  5. ^ Cite error: The named reference baed was invoked but never defined (see the help page).
  6. ^ "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.
  7. ^ "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.
  8. ^ 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.
  9. ^ "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.
  10. ^ "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.
  11. ^ 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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