Palestinian Groups Accused of War Crimes in October 7 Attack: Human Rights Wing (HRW) Report

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A recent report by Human Rights Watch (HRW) accuses Hamas and at least four other Palestinian armed groups of committing numerous war crimes and crimes against humanity during the October 7 attack on southern Israel. The attack, which resulted in the deaths of 1,200 Israelis and foreigners, mainly civilians, and the taking of 251 hostages, has drawn significant attention and condemnation.

Details of the Attack

On October 7, hundreds of gunmen breached the Gaza border fence, targeting Israeli communities, towns, military bases, music festivals, and a beach party. The report highlights several serious violations committed by the attackers, including:

  • Deliberate and Indiscriminate Attacks on Civilians: The gunmen fired directly at civilians, often at close range, and attacked people in vehicles trying to flee.
  • Wilful Killing of Persons in Custody: Some victims were summarily executed.
  • Sexual and Gender-Based Violence: Instances of sexual violence were reported.
  • Hostage-Taking: Hundreds of civilians were taken hostage.
  • Mutilation of Bodies and Looting: Bodies were mutilated, and properties were looted.

Central Aims of the Attack

The HRW report asserts that the killing of civilians and hostage-taking were not incidental but central aims of the planned attack. This planned and systematic attack on civilians constitutes a crime against humanity, according to HRW.

Involvement of Multiple Groups

While Hamas’s armed wing, the Izzedine al-Qassam Brigades, led the assault, HRW found evidence of participation by other groups, identified by headbands worn by the gunmen and social media posts. These groups include:

  • Al-Quds Brigades: Armed wing of Palestinian Islamic Jihad (PIJ).
  • Omar al-Qasim Forces: Armed wing of the Democratic Front for the Liberation of Palestine (DFLP).
  • Abu Ali Mustafa Brigades: Armed wing of the Popular Front for the Liberation of Palestine (PFLP).
  • Al-Aqsa Martyrs’ Brigades: Linked to the Fatah movement.

Hamas’s Response

Hamas has vehemently rejected HRW’s findings, describing them as “lies” and demanding an apology. The group stated that it is committed to respecting international law and that its armed wing directed members not to target civilians. Hamas claimed that unaffiliated Palestinians and other armed groups not involved in the initial assault caused chaos, leading to unintended civilian casualties.

HRW’s Evidence

HRW’s conclusions are based on interviews with 144 people, including witnesses to the attack, and analysis of over 280 photographs and videos from social media and shared with researchers. The report documents that gunmen sought out and killed civilians from the beginning of the attack, refuting Hamas’s claims of avoiding civilian harm.

Additional Allegations and ICC Involvement

HRW also mentioned that further investigation is needed into potential other crimes against humanity, such as racial, national, ethnic, or religious persecution, rape, and mass killing. The report includes a letter from Hamas denying these allegations and attributing civilian harm to field chaos and plan changes.

In a separate development, the prosecutor of the International Criminal Court (ICC) applied for arrest warrants for several leaders from both Hamas and Israel, including Hamas’s Gaza leader Yahya Sinwar, military chief Mohammed Deif, political leader Ismail Haniyeh, Israeli Prime Minister Benjamin Netanyahu, and Defence Minister Yoav Gallant. Both sides have reacted with outrage to these moves.

Context and Ongoing Conflict

Since the attack, Israel has launched a military campaign in Gaza aimed at destroying Hamas and freeing the hostages. According to Gaza’s Hamas-run health ministry, over 38,790 people have been killed in Gaza, though these figures do not differentiate 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 triggered by the October 7 attack.

This report by HRW adds to the ongoing scrutiny and international debate over the actions of both sides in this long-standing and deeply entrenched conflict. The demand for accountability and justice continues as both Hamas and Israel face significant allegations of war crimes.

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