War crimes in the Israel–Hamas war
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Since the start of the Israel–Hamas war on 7 October 2023, the UN Human Rights Council has identified "clear evidence" of war crimes by both Hamas and the Israel Defense Forces.[1] A UN Commission to the Israel–Palestine conflict stated that there is "clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza, and all those who have violated international law and targeted civilians must be held accountable."[2][3][4] On 27 October, a spokesperson for the OHCHR called for an independent court to review potential war crimes committed by both sides.[5]
The International Criminal Court confirmed that its mandate to investigate alleged war crimes committed since June 2014 in the State of Palestine extends to the current conflict.[6][1][7]
By Hamas and allied militant groups
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.[9][10] 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.[11] 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".[12]
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.[13]
On 10 October 2023 the OHCHR stated the taking of hostages and use of human shields were war crimes.[14] United Nations Human Rights chief Volker Türk noted that militant groups' "horrifying mass killings" were violations of international law.[15]
Massacres
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On 12 October, Jens David Ohlin argued Hamas's attacks potentially violated Articles 6-8 of the Rome Statute.[16] Ohlin asserted the attacks might violate Article 6, if it could be proved the perpetrators had "genocidal intent".[16] On 7 October, as his forces were massacring civilians, Ismail Haniyeh, the head of the Hamas Political Bureau, stated in a speech the intent of Operation Al-Aqsa Flood, saying, "We want to liberate our land, our holy sites, our Al-Aqsa mosque, our prisoners." He concluded with the statement "To [the enemy], we have only one thing to say to you: get out of our land. Get out of our sight. Get out of our city of Al-Quds [Jerusalem] and our al-Aqsa mosque. We no longer wish to see you on this land. This land is ours, Al-Quds is ours, everything [here] is ours. You are strangers in this pure and blessed land. There is no place of safety for you."[17][18]
According to Ohlin, militant groups violated Article 7 if there was evidence the attacks had been part of an organized "plan or policy".[16] Finally, Ohlin argued, the militant groups violated Article 8 by killing civilians.[16] On 7 October, the militant groups massacred civilians.[19] 260 were killed at the Re'im music festival, 112 at Be'eri, and 73 at Kfar Aza.[20] Victims were reportedly subject to immolation, dismemberment, and beheading.[21] On 15 October, a group of 100 Israeli and international law experts argued videos released on social media showed war crimes.[22] In early December 2023, ICC chief prosecutor Karim Ahmad Khan visited Israel in response to a request from a group representing families of victims of the October 7 Hamas attack on Israel. He said that the attacks against Israeli civilians on October 7 constituted some of the most serious international crimes that shock the conscience of humanity—crimes that the ICC was established to address. Khan emphasized the crimes were not random murders," and noted that Hamas "hunted down people" and that "children were kidnapped from their cots". He added that his office is willing to cooperate with Israel in investigating the events of October 7.[23][24]
At the Re'im music festival massacre, Hamas militants massacred 270 civilians, methodically shooting fleeing and hiding attendees, as well as taking hostages, in the largest terror attack against a concert in history. Witnesses reported that some of the women were raped.[25][26][27][28]
At the Be'eri massacre, approximately 70 Hamas militants massacred at least 130 people, approximately 10% of the population of Be'eri, including women, children, and infants.[29] When inside the kibbutz they went house to house, shooting or capturing the residents.[30][31]
Hostage taking
Hostage-taking is outlawed in non-international armed conflicts as per Article 1(b) of Common Article 3 of the Geneva Conventions and customary international humanitarian law, and is recognized as a war crime under the Rome Statute of the International Criminal Court. Hostage-taking is defined as detaining a person with threats to harm them to compel a third party to act or abstain from acting as a condition for the hostage's safety. Hostages can be civilians or individuals not actively partaking in hostilities, including surrendered or detained armed forces members.[32]
During the Hamas attack approximately 200 people were taken hostage by militants.[33] Hostages included women, children, elderly and even babies.[34][35][36] Under the Geneva Convention, taking hostages is described as a "grave breach".[37][38] In response to Israeli airstrikes on civilian residences, Hamas threatened on 13 October to execute a hostage every time Israel bombed a home without giving advance warning.[39] Omar Shakir, Israel and Palestine director of Human Rights Watch, asserted hostage-taking was a "heinous crime" with no justification.[40] Amnesty International noted the militant groups' actions — including hostage-taking — "flagrantly violated international law".[41]
Perfidy
Human shields
The Israel Defense Forces allege that Hamas uses civilians as human shields.[42][43] This allegation has received support from the UK, the US, Australia, and European Commission.[44] Al Jazeera notes, "Israel has, however, not provided concrete proof for its allegations."[45] The Israeli army further argued the militant groups' hostages were being used as human shields.[38] Human Rights Watch noted that using hostages, or any other person held in custody, as human shields is illegal.[32] On the counter side, Israeli Defense Forces have been accused of making no, or an inadequate distinction between Hamas forces and civilians.[46]
All combatants, including insurgents, are bound by the law of war. Louis René Beres has analyzed the placing of military assets amid Palestinian civilian populations, in previous anti-terror wars against Hamas, categorizing this as a clear and punishable crime under international law. The act of perfidy is described as a "grave breach" in Article 147 of the Fourth Geneva Convention. Placing military assets or personnel in civilian populated areas is forbidden by the Hague Regulations. Additionally, Protocol I of 1977, supplementing the Geneva Conventions of August 12, 1949, contains related prohibitions on perfidy. These regulations are enforced not only through the mentioned treaties but also via customary international law, as indicated by Article 38 of the Statute of the International Court of Justice. A, as underlined in Article 3, shared across the four Geneva Conventions of 1949.[12] Janina Dill, a laws of war professor at University of Oxford, stated, "Even if Hamas uses civilians as human shields, those civilians are entitled to full protection under international law unless they directly participate in the fighting".[47]
Disguising military units
Hamas militants disguise themselves as civilians, medical, or enemy units, or confuse civilians with military units by conducting military operations from civilian locations, which are perfidious violations of international law. The Rome Statute and the Geneva Conventions article 37, require distinguishing combatants from civilians, and providing for medical treatment of the wounded by designated units.[48][49][50][51][excessive citations]
Medical facilities
During wartime, medical facilities are considered protected objects, and the use of them for military purposes is a war crime. Hamas has been condemned by the EU for using "hospitals and civilians as human shields".[52] Israel alleges it operates a major command and control center beneath Al-Shiba hospital. According to Amer Abu Awash, a member of Hamas' elite Nukhba Force, much of Hamas' underground infrastructure is beneath hospitals, placed there so that Israel "won't strike them".[53][54] Abu Awash made this claim while handcuffed and undergoing IDF interrogation.[54]
Israel's claims have been refuted by medical staff and by international bodies.[55] Ghassan Abu-Sittah, a resident doctor at al-Shifa, called Israel's assertion of Hamas using the hospital an "outlandish excuse" to bomb it.[56] In response to the IDF allegations, Norwegian doctor Mads Gilbert, who has worked both at al-Shifa and al-Quds, stated Israel had a well-documented history of attacking civilian healthcare facilities without ever providing real evidence they were used in military capacities.[57][58] On 13 November, Israeli academic Neve Gordon stated Israel was "abusing laws of war" to justify its attacks on hospitals.[59]
On November 5, during the invasion of Gaza, the IDF released videos claiming Hamas fighters fired from the Sheikh Hamad Hospital. In response, Qatari official Mohammed El Emadi condemned Israel's claim, stating it was made "without concrete evidence or an independent investigation" and was a "blatant attempt to justify the occupation's targeting of civilian facilities."[60] The IDF video also showed an entrance to an underground complex, which according to the IDF led to the Hamas tunnel network.[61] An Al-Jazeera investigation found that the claimed "tunnel entrance" was instead a hatch for the hospital's water reservoir, which has existed since the hospital's construction.[62] In response to Israel's allegations, Hamas requested the United Nations to form an international committee to inspect hospitals and verify Israel's "false claims" that it uses them to fire rockets.[63]
On November 14, CNN visited what Israel described as a Hamas commander's house, situated between a school and a hospital, and saw a tunnel beneath it that Israel said led in one direction to the school, and in the other direction to the hospital. Visiting the hospital, Israel showed weapons that they said they found in an armory there, as well as unconfirmed indications that hostages may have been held there.[64] According to The New York Times, the origins of the weapons shown in the video could not be independently verified.[65] Charles Lister, Director of the Counterterrorism and Extremism Program at the Middle East Institute, stated the IDF footage clearly indicated that the basement was a bomb shelter.[66] Mohammed Zaqout, a Gaza Health Ministry official responsible for Gaza's hospitals, stated the basement was a shelter for women and children.[67]
In December 2023, The Washington Post analyzed the publicly released material by Israel, along with satellite imagery and other publicly available material, and concluded the rooms connected to a tunnel network did not show any evidence of being used by Hamas, and that each of the buildings IDF spokesman Daniel Hagari had identified as being "directly involved" in Hamas's military activity did not appear to be connected to any tunnel network. The Post stated there was no evidence released that showed a tunnel network could be accessed by any part of the hospital.[68]
Indiscriminate rocket attacks
The 7 October attack included at least 3,000 rockets aimed toward Israel, with over 8000 being fired since the war began.[70][71] The rockets hit as far away as Tel Aviv and the outskirts of Jerusalem.[72] Human Rights Watch termed the rocket attacks as indiscriminate.[13][73] These have included repeated direct strikes on medical facilities, such as the Barzilai Medical Center in Ashkelon, including pediatric facilities at the Child Development Institute.[74] Human right organizations and scholars have condemned indiscriminate rocket attacks as a war crime.[73][75]
Sexual violence and abuse
According to Israeli military forensic teams, eyewitness testimony, and reported photographic, documentary and video evidence, Hamas militants raped, assaulted, and mutilated Israeli women and girls during the attacks on Israel on October 7, 2023.[76][77] Military personnel reported that the bodies of the victims of the October 7 attacks showed multiple signs of rape and "severe stages of abuse". Hamas was accused of gender-based violence, war crimes, and crimes against humanity.[78][79][80] Hamas has denied the allegations of abuse.[76] Shelly Harush, the police officer leading the Israeli investigation recounted to the Times on 2 December 2023 "It's clear now that sexual crimes were part of the planning and the purpose was to terrify and humiliate people".[81]
Some hostages who were held by Hamas were also reportedly sexually abused.[82] An American official claimed that Hamas refused to release more hostages, ending the ceasefire agreement, to hide further evidence of sexual violence.[83]
Use of children
On January 6, 2024 Israeli military accused Hamas of using child soldiers, including to deliver explosive devices and to scout the battlefield in order to "assess the damage" on battlefields. They added that Hamas and Islamic Jihad had for years run summer camps in the Gaza Strip where children underwent military training.[84] Previously Ynet had reported that "a senior Hamas militant" captured by Israel had testified during interrogation that Hamas used children to carry explosives.[85][86] The use and recruitment of children under 15 as soldiers is a war crime.[86]
Attacks on civilian shipping
As part of their participation in the Israel–Hamas war the Houthi militant group that rules part of Yemen has launched attacks against four civilian ships, and captured the Galaxy Leader and detained its crew. According to Human Rights Watch, such attacks and the taking of hostages constitute war crimes "if carried out deliberately or recklessly".[87]
By the Israeli government
Numerous charges of war crimes have been levied against Israel for its actions against civilians. These charges have come from Human Rights Watch, Amnesty International, B'tselem, and human rights groups and experts, including UN rapporteurs.[88] Antony Blinken indicated the Biden administration has a "high tolerance" for whatever happens in Gaza.[89] On 27 October, the White House stated it had no red lines for Israeli actions.[90][91]
Indiscriminate attacks
In the first week of the war, the IDF carried out 6,000 airstrikes across Gaza, killing over 3,300 civilians and injuring over 12,000.[92][93] The strikes hit specifically protected locations, including hospitals, markets, refugee camps, mosques, educational facilities, and entire neighborhoods.[94] A group of UN special rapporteurs asserted that Israel's airstrikes are indiscriminate, stating that the airstrikes are "absolutely prohibited under international law and amounts to a war crime".[95] Israeli army spokesperson Daniel Hagari said that "the emphasis is on damage and not on accuracy".[96]
A +972 Magazine investigation found the IDF had expanded authorization for bombing non-military targets.[97] Research conducted by Dr. Yagil Levy at the Open University of Israel confirmed the +972 report, stating Israel was "deliberately targeting residential blocks to cause mass civilian casualties".[98]
During two airstrikes on 10 October and 22 October, the IDF used Joint Direct Attack Munitions in attacks described by Amnesty International as "either direct attacks on civilians" or "indiscriminate attacks".[99][100] On 24 October, UN Secretary-General António Guterres called for an immediate ceasefire, after stating Israel had committed "clear violations" of international humanitarian law.[101] On 13 November, Israel shelled the Gaza Reconstruction Committee, leading three Arab states to condemn the attack, with Jordan calling it "a heinous war crime to add to Israel's criminal record."[102] On 12 January 2024, the spokesperson for the Office of the U.N. High Commissioner for Human Rights stated Israel's attacks were failing to account for distinction, proportionality and precautions, thus leaving Israeli exposed to liability for war crimes.[103]
Analyses by CNN, The New York Times, and Sky News all found that Israel had bombed areas it had previously told civilians to evacuate to. The Sky News investigation also concluded that Israel's evacuation orders had been "chaotic and contradictory",[104] NYT found that Israel had dropped 2,000-pound bombs in those areas,[105] while CNN stated it had verified at least three locations Israel bombed after telling civilians it was safe to go there.[106]
In February 2024, the IDF bombed and destroyed the Belgium government's Gaza development office.[107] In response, Belgium recalled the Israeli ambassador and condemned the "destruction of civilian infrastructure" as a violation of international law.[108][a] On 6 February, the UN stated an Israeli assault on Rafah could lead to war crimes.[110]
Amnesty International called Israel's indiscriminate attacks illegal and a violation of international law. Secretary General of Amnesty International Agnès Callamard said the 16-year illegal Israeli blockade has made Gaza the world's largest open prison, and the international community must now act to avert it from becoming a giant cemetery.[111] Human Rights Watch reported that Israel has completely shut down communications and put lives at risk in Gaza by carrying out relentless airstrikes and damage to the main communications infrastructure, electricity cuts, fuel blockades, and deliberate shutdowns through technical measures. Deborah Brown, senior technology researcher at Human Rights Watch, said a deliberate shutdown, or restriction of Internet access, is a human rights violation and can be deadly during a crisis. A complete disruption of communications, such as that experienced in Gaza, can provide cover for crimes and impunity, while further undermining humanitarian efforts and putting lives at risk.[112]
Refugee camps
On 9 October, the IDF carried out a mass-casualty airstrike on the Jabalia refugee camp market.[113] The attack resulted in the deaths of over sixty civilians and extensive damage to the market.[114] As a result of Israeli airstrikes in other areas, displaced individuals sought refuge in the camp, causing the market to be densely populated at the time of the strike.[115] On 1 November, following two airstrikes on the Jabalia refugee camp, the United Nations Human Rights Office stated, "We have serious concerns that these are disproportionate attacks that could amount to war crimes."[116]
On the same day, the IDF carried out an airstrike on the densely populated Al-Shati refugee camp.[117] Palestinian media reported that this strike resulted in numerous civilian casualties and the destruction of four mosques, including the al-Gharbi mosque, Yassin mosque, and al-Sousi mosque, all of which were confirmed destroyed by satellite footage.[118] The airstrikes in the Al-Shati camp were described as a "massacre against an entire neighborhood" by the Ministry of Health.[119][120]
On 24 December, 68 people were killed in an airstrike in the Al-Maghazi refugee camp. According to Al Jazeera reporter Tareq Abu Azzoum, the vast majority of victims were civilians. Azzoum also noted that the camp was one of the areas the IDF had previously told Gazans to evacuate to. Hamas called the attack a "massacre" and a "war crime".[121] Israel later determined that incorrect munitions were used in the attack and expressed regret that non-combatants were harmed.[122]
Places of worship
Under the Rome Statute, it is a war crime to intentionally attack places of worship in non-international conflict, as long as they are not "used by a party to a conflict for acts harmful to the enemy".[123] On 19 October, the Israeli Air Force bombed the Church of Saint Porphyrius, where hundreds of Christians and Muslims were sheltering, killing 16 people.[124] The Greek Orthodox Patriarchate of Jerusalem condemned it as "a war crime that cannot be ignored".[125] Following an investigation, Amnesty International stated the church strike was indiscriminate and should be investigated as a war crime.[126]
On 16 December, the Latin Patriarchate of Jerusalem stated the Israeli army had killed two women sheltering at the Holy Family Parish, stating, "They were shot in cold blood inside the premises of the Parish, where there are no belligerents."[127] Pope Francis described the Israeli attack on the church as terrorism.[128]
UN facilities
On 17 October, the IDF carried out an airstrike on a UNRWA school sheltering 4,000 refugees in the Al-Maghazi refugee camp, killing six and injuring dozens. Philippe Lazzarini, the UNRWA Commissioner-General, called the attack "outrageous" and showed "a flagrant disregard for the lives of civilians".[129][130] The UN accused Israel of lethally bombing three UN shelters on 2 November 2023.[131] On 27 December 2023, the UN stated Israel had killed 142 UN employees in Gaza thus far.[132] On 12 January 2024, the UN Secretary-General for Human Rights stated that at least 319 internally displaced persons were killed and 1,135 injured by Israeli airstrikes while sheltering in UN shelters.[133]
On 24 January 2024, the UN accused Israel of firing two tank shells into a refugee facility in Khan Younis, killing nine people and wounding 75.[134][135][136] Israel denied bombing the facility.[137][b] Thomas White, a senior UN official in Gaza, called the attack part of "a consistent failure to uphold the fundamental principles of international humanitarian law".[139] The Palestinian Ministry of Education reported that 65 UN schools in Gaza had been damaged or destroyed, which the Save the Children Israel-Palestine director called "beyond unconscionable".[140]
Lebanon
On November 5, an Israeli airstrike hit a car near Ainata, Lebanon, killing three children and their grandmother, and injuring their mother. The Israeli military admitted to striking the vehicle.[141] Human Rights Watch stated that their killings should be investigated as an apparent war crime.[142] Najib Mikati, Lebanon's caretaker prime minister, called the attack a "heinous crime" and said that Lebanon would file a complaint to the U.N. Security Council.[141]
Summary executions
OHCHR stated on 20 December it had received reports of Israeli soldiers summarily killing eleven unarmed men in Rimal.[143] Al Jazeera reported that the number summarily executed was 15, killed during an apartment raid. The execution was witnessed by the families of the men.[144] Middlesex University professor William Schabas stated, "It's not really important to demonstrate that they're civilians. Summary executions even of fighters, even of combatants is a war crime."[145] Euro-Med Monitor told Al Jazeera they believe there is a pattern of "systematic" killing, that "In at least 13 of field executions, we corroborated that it was arbitrary on the part of the Israeli forces." On 26 December, 2023, Euro-Med Monitor submitted a file to the International Criminal Court and United Nations special rapporteurs documenting dozens of cases of field executions carried out by Israeli forces and calling for an investigation.[146][147][148]
Israeli destruction of mosques, churches, cultural and historic sites
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A report in early November 2023 already listed over 100 significant archeological and antiquities sites, libraries, religious sites and places of ancient historical importance that Israel had destroyed.[149][150][151][152][153]
On December 10, 2023, Israeli media reported that Israel had destroyed 192 mosques in the Gaza Strip.[154] In late January 2024, The Ministry of Awqaf and Religious Affairs in Gaza announced that Israel had destroyed 1000 of the territory's 1200 mosques in the first two and a half months of the war.[155] BBC has verified 74 cases.[156] The Nation wrote that the destruction of the Great Omari Mosque in particular, originally a fifth-century Byzantine church, was "a crime against cultural heritage. But more importantly... part of a campaign of total annihilation... a deliberate element of the Israeli campaign to erase all traces of Palestinian life.".[157]
Some notable places that Israel destroyed or damaged are:[158][159]
| Name | Type | Dated to | Damage | Date |
|---|---|---|---|---|
| Ahmed Yassin mosque Al-Shati, Gaza City |
mosque | destroyed | Oct. 9, 2023[160] | |
| Al Amin Muhammad Mosque, Khan Yunis | mosque | destroyed | Oct. 20, 2023[161] | |
| Anthedon Harbour | historic | 800 BCE | destroyed | unknown date |
| Ard-al-Moharbeen Roman cemetery, northern Gaza discovered 2022 containing 125+ tombs and two rare lead sarcophagi |
historic | 1st c. CE | Almost completely destroyed (bombardment) | |
| Deir al-Balah museum | cultural | |||
| Gaza Municipal Library[150] | cultural | 1999 | destroyed | |
| Al-Gharbi mosque, Gaza City | mosque | destroyed | Oct. 9, 2023[160] | |
| Great Omari Mosque | cultural/mosque | 1277 | destroyed | Dec. 8, 2023 |
| Holy Family Church | church | 1974 | Damaged | Nov. 4, 2023 |
| Jabalia Byzantine Church | church | 444 CE | destroyed | Oct. 2023 |
| Jaffa Mosque in Deir al-Balah | mosque | Destroyed | Dec. 2023[162][163] | |
| Al-Mathaf al-Funduq museum | cultural | 2008 | destroyed | Nov. 3, 2023 |
| Othman bin Qashqar mosque | mosque | 1220 | damaged | Dec. 7, 2023 |
| Qalaat Barquq[149] Mamluk Sultan Barquq's Fort, Khan Yunis |
historic | 1387 | ||
| Al-Qarara Cultural Museum | cultural | 2016 | destroyed | Oct. 2023 |
| Qasr al-Basha (Radwan Castle, Pasha's Palace Museum) | historic | 1200s | damaged | Dec. 11, 2023 |
| Rashad El Shawa Cultural Center | cultural | 1988 | destroyed | unknown date |
| Al-Sammara Hamam | historic | pre-Islam | destroyed | Dec. 8, 2023 |
| Sayed al-Hashim Mosque | mosque | 1100s | Damaged | Oct. 2023 |
| St. Hilarion Monastery (Tell Umm Amer) | church | ca. 340 CE | Damaged | unknown date |
| St. Porphyrius Church | church | 425 CE | Damaged | Oct. 18, 2023 |
| Tell el-Ajjul fortified city | historic | 2000–1800 BCE | Damaged | unknown date |
Destruction of cemeteries
Israel has damaged or destroyed at least sixteen cemeteries across the Gaza Strip,[164] in some cases, creating dirt roads across them or establishing military positions. The intentional destruction of religious sites without military necessity is a possible war crime.[165][166] On 21 December, bulldozers destroyed a cemetery in the Al-Saha neighborhood in eastern Gaza.[167][168] On 6 January 2024, Palestinians in Tuffah reburied bodies after the Israeli army reportedly exhumed them and smashed their graves.[169] Gazans in Khan Younis reported the Israeli army raided a cemetery and took corpses.[170][171] The Khan Younis cemetery was reportedly bulldozed over, tombstones crushed, and human remains were visible.[172] Muna Haddad, a lawyer on the treatment of the dead, stated, "What is happening is... considered a war crime of 'committing outrages upon personal dignity' under the Rome Statute."[164] On 27 January 2024, Israeli forces escorted CNN into Gaza in an attempt to explain the destruction of Bani Suheila cemetery, through which a tunnel ran, according to the IDF; but during the three hour visit, Israeli commanders failed to prove their claim.[173] Moreover, the IDF did not permit CNN to see any alleged entrance to the tunnel inside the cemetery, and later provided drone footage of two tunnel entrances, both located outside the cemetery. CNN broadcast footage of completely destroyed, and dug-up cemetery grounds.[174]
Collective punishment
It is an entire nation out there that is responsible. It is not true this rhetoric about civilians not being aware, not involved. It's absolutely not true. They could have risen up. They could have fought against that evil regime which took over Gaza in a coup d'etat.
Several actions taken by the Israeli army, including its blockade on electricity, food, fuel and water, were characterized as collective punishment, a war crime prohibited by treaty in both international and non-international armed conflicts, more specifically Common Article 3 of the Geneva Conventions and Additional Protocol II.[176][177] Israel's president Isaac Herzog accused the residents of Gaza of collective responsibility for the war.[178][c][180] Doctors Without Borders international president Christos Christou said millions of civilians in Gaza faced "collective punishment" due to Israel's blockade on fuel and medicine.[181][182] Tufts University law professor Tom Dannenbaum wrote that the siege order "commands the starvation of civilians as a method of warfare, which is a violation of international humanitarian law and a war crime".[183] On 25 October, Oxfam stated Israel's use of "starvation as a method of war" was a violation of international law, and that Gaza was being "collectively punished in full view of the world".[184]
EuroMed Monitor described the situation as a war of starvation against civilians in the Gaza Strip. EuroMed noted living conditions had reached catastrophic levels by Israel cutting off all food supplies to the Northern half, and bombing and destroying factories, bakeries, food stores, water stations, and tanks throughout the entire enclave. EuroMed additionally noted Israel deliberately focused its attacks on targeting electrical generators and solar energy units, on which commercial facilities and restaurants depend, to maintain the minimum possible level of their work. Israel also targeted the agricultural areas east of Gaza, flour stores, and fishermen's boats, as well as relief organizations' centers, including those belonging to the UNRWA. As a result, over 90% of the children in Gaza suffered from varying health issues, including malnutrition, anemia, and weakened immunity.[185] Human Rights Watch stated Israel was committing a war crime by using starvation as a method of warfare.[186] Alex de Waal stated it was the worst man-made famine in 75 years.[187] Luis Moreno Ocampo, the former chief prosecutor for the ICC, stated, "Stopping aid in particular to destroy civilian life – with intention to destroy a historical community – is genocide."[188]
As part of Israel's blockade on Gaza, all access to water was shut off.[189][190] Article 51 of the Berlin Rules on Water Resources bars combatants from removing water or water infrastructure to cause death or force its movement.[191] The EU's chief diplomat Josep Borrell called Israel's cutting off water, electricity and food as "not in accordance with international law".[192] On 14 October, the UNRWA announced Gaza no longer had clean drinking water, and two million people were at risk of death from dehydration.[193] On 15 October, Israel announced it had resumed supplying water to a single location in southern Gaza to "encourage" movement.[194][195] Aid workers in Gaza refuted water was available.[196] By 16 October, civilians drank seawater and water contaminated with sewage to survive.[197]
In an interview with The New Yorker, human rights expert Sari Bashi noted the historical uniqueness of Israeli officials openly admitting they are engaging in collective punishment.[198] On 18 October, UN Secretary-General António Guterres stated Hamas' attacks "cannot justify the collective punishment of the Palestinian people."[199] On 24 October, Human Rights Watch criticized Israel's refusal to allow fuel or water into a Gaza, terming it a war crime.[200] On 29 October, Karim Ahmad Khan stated Israel's impeding aid to Gaza may constitute a crime under the International Criminal Court.[201] On 7 December, Khan again stated "wilfully impeding relief supplies" may constitute a war crime under the Rome Statute.[202] On 20 January 2024, the IDF dropped leaflets with hostages' images on Rafah, stating, "Do you want to return home? Please make the call if you recognise one of them."[203] On 25 January 2024, the Gaza Health Ministry reported that Israeli troops had fired upon and killed twenty civilians seeking humanitarian aid in Gaza City.[204][205]
On 31 January 2024, Haaretz reported that Israeli army commanders were ordering troops to burn down and destroy unoccupied buildings in Gaza.[206] According to Human Rights Watch: "Unlawful and wanton excessive destruction of property that is not militarily justified, is also a war crime."[207]
Violations of medical neutrality
Israel is alleged to have broken medical neutrality, a war crime under the Geneva Conventions as hospitals are given special protection under international humanitarian law.[208][209] According to Gaza officials, the IDF deliberately targeted ambulances and health facilities with airstrikes.[210][211] In a statement, the Palestine Red Crescent demanded "accountability for this war crime".[212] The International Federation of Red Cross and Red Crescent Societies, UNRWA, and Medecins Sans Frontieres reported the deaths of their medical personnel.[213][214] On 14 October, the World Health Organization said the killing of health care workers and the destruction of health facilities "denies civilians the basic human right of life-saving health" and is prohibited by International Humanitarian Law.[215][216] On 17 October, WHO stated 51 health facilities had been attacked by Israel.[217][218] On 4 November, the Gaza Health Ministry stated 105 medical facilities had been deliberately targeted.[219]
On 21 October, the Ministry of Health noted Israel had attacked 69 health facilities, 24 ambulances, put 7 hospitals out of commission, and killed 37 medical staff.[220] Health workers and aid groups said several hospitals in Gaza were hit by airstrikes and shelling. The Palestine Red Crescent Society accused Israel of "deliberately" carrying out airstrikes "directly around" Gaza's second-largest hospital, al-Quds Hospital, in north Gaza, to force them to evacuate the facility. The World Health Organization (WHO) found it impossible to evacuate the hospital. According to CNN, even those who evacuated south have not been safe.[221] On 30 October 2023, a Turkish-Palestinian Friendship Hospital, located in the south of Gaza, was struck by a "direct hit", causing damage and injuries.[222][223]
On 3 November, an Israeli airstrike hit an ambulance convoy departing from al-Shifa Hospital carrying 15-20 critically injured patients.[224] The Israeli military confirmed the strike, claiming one of the ambulances was being used by a "Hamas terrorist cell", and was close to their position.[225] In response, Yanis Varoufakis noted, "Even if the ambulance was carrying a Hamas overlord, bombing it violates the Geneva Convention."[226] UN chief António Guterres stated he was "horrified" by the attack.[227] In prior weeks, Israel had released an animated video claiming Al-Shifa hospital contained a hidden, top-secret underground military center.[228] This was flatly denied, with Hamas stating Israel was using "prefabricated" evidence to pre-empt a military strike on a hospital.[229] Laws of war provide limited protections to medical facilities used in such capacities.[230] HRW stated the strikes were apparently unlawful and should be investigated as a possible war crime.[231]
During the Siege of Gaza City, Israeli snipers reportedly fired on the intensive care unit in Al-Quds Hospital, killing one person and wounding 28.[232] Doctors in Al-Shifa Hospital reported snipers at the outskirts of the complex were firing at "any moving person".[233] Fabrizio Carbone, the Middle East regional head of the International Committee of the Red Cross, stated Israel's attacks on al-Shifa Hospital could not continue, stressing patients and hospital staff should be "protected in line with the laws of war".[234] In response to the Al-Shifa Hospital siege, Human Rights Watch stated Israel's actions against hospitals need to be investigated as war crimes.[235] Jennifer Cassidy, a legal expert at University of Oxford, stated Israel's siege on al-Shifa was a war crime "plain and simple".[236] Following an Israeli attack on Indonesia Hospital, the Indonesian Foreign Minister called it a clear violation of international humanitarian law.[237]
On 18 November 2023, two people were killed while traveling in a clearly identified Doctors Without Borders evacuation convoy in Gaza City.[238] Doctors Without Borders termed it a "deliberate attack."[239] On 16 December, the Euro-Mediterranean Human Rights Monitor called for an international investigation into Israeli war crimes at the Kamal Adwan Hospital.[240] On 17 January 2024, Israeli fire damaged the Jordanian field hospital, leading the Jordanian army to call it a "flagrant breach of international law".[241] On 19 January, Jordan stated Israel had "deliberately" targeted the hospital.[242] The World Health Organization stated on 24 January it had recorded 660 Israel attacks on healthcare facilities, calling them "a flagrant violation of international humanitarian law".[243] On 31 January, Doctors Without Borders stated Israel had conducted "systematic attacks on health facilities" which they stated was unprecedented for their organization.[244]
On 8 February, the Palestinian Red Crescent accused the IDF of deliberately killing one of their paramedics.[245] On 11 February, the Red Crescent accused the IDF of deliberately targeting and killing two of their paramedics sent to rescue Hind Rajab, calling the killing a war crime.[246]
Protected status
Israel alleges medical facilities are used to store weapons and have been used as a base of fire, and that hospitals' special protection is lost if that is the case.[64] However, the IDF has not presented hard evidence to support their claims.[247] Israel also does not have the power to unilaterally decide if a hospital has lost protected status.[247] According to International Criminal Court prosecutor Karim Khan, the bar for evidence that a hospital, school, or place of worship is being used for military purposes is very high.[248] The burden of proof also lays with the Israelis.[249] Jessica Wolfendale, an expert in military ethics at Case Western Reserve University, stated that even if Israel had been able to prove Shifa concealed a military operation, international law remains in place, as, "Steps need to be taken to protect the innocent."[249] A hospital attack is also still illegal under international law if it harms civilians disproportionately to the military objective.[249]
Ardi Imseis, an international law expert at Queen's University at Kingston, stated, "Until such time that the Israelis provide proof that it has been converted into a military object, the civilian nature of the object does not change."[250] Human Rights Watch stated, "The Israeli government has put forward no evidence that would justify stripping hospitals of their special protections."[251][252][253] The OHCHR stated, "Even if Israel contends that a medical facility has lost its protection... it must nevertheless comply with the principles of precautions and proportionality."[254]
Forced evacuation
On 13 October, the Israeli army ordered the evacuation of 1.1 million people from north Gaza, saying that they needed to separate the civilian population from the militants embedded among them, and that the population would be allowed to return after the war.[255] Gazan officials initially asked residents to ignore the order, with the Interior Ministry stating Israel sought to "displace us once again from our land".[256] The evacuation was characterized as a forcible transfer by Jan Egeland, a Norwegian diplomat involved with the Oslo Accord.[257] Egeland stated, "There are hundreds of thousands of people fleeing for their life — [that is] not something that should be called an evacuation. It is a forcible transfer of people from all of northern Gaza, which according to the Geneva Convention is a war crime."[257] UN Special rapporteur Francesca Albanese warned of a mass ethnic cleansing in Gaza.[258] Israeli historian Raz Segal termed it a "textbook case of genocide."[259] The action was condemned by the UN, Doctors Without Borders, UNICEF, and the IRC.[260]
On 14 October, the World Health Organization issued a statement condemning Israel's order to evacuate 22 hospitals in northern Gaza, calling it a "death sentence".[261][262] Doctors noted both the southern Gaza Strip's lack of hospital beds and the impossibility of transporting patients, such as newborns in incubators and patients on ventilators.[263] Nevertheless, on 22 October, the IDF dropped leaflets in northern Gaza stating anyone who did not comply with the evacuation would be considered a "terrorist".[264] On 20 December, Human Rights Watch stated the risk of forced displacement was growing.[265] On 12 January, the Assistant Secretary General for Human Rights stated that Israel's compelled evacuations had failed to ensure protections required under international law, thus constituting a potential war crime.[133]
Buffer zone
Israel sought to create an expanded buffer zone in Gaza. Satellite analysis by researchers at Hebrew University found the buffer zone was already in advanced stages.[266] By January 2024, Israel had destroyed more than 1,000 buildings for the planned zone.[267] The Palestinian Center for Human Rights stated such civilian properties were protected under international humanitarian law.[268] Shaul Arieli, a former IDF colonel and expert on Israeli borders, stated that the creation of a permanent buffer zone was illegal, since Israel is prohibited from altering the boundaries of Gaza as an occupying power.[269] Geoffrey Nice, a war crimes prosecutor, stated, "It is unjustified, by any view, under international law."[270] Volker Türk, the UN human rights chief, stated, "Extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly, amounts to a grave breach of the Fourth Geneva Convention, and a war crime."[271]
West Bank
During the war, the Israeli military was increasingly active in the West Bank. According to Amnesty International, Israel violated international humanitarian law by using disproportionate force during arrest raids, blocking medical assistance to people with life-threatening injuries, attacking paramedics, and conducting unlawful killings.[272] Erika Guevara Rosas, Amnesty's director of global research, stated, "These unlawful killings are in blatant violation of international human rights law and are committed with impunity".[273]
Following the demolition of a Palestinian activist's family home in East Jerusalem — part of a broader wave of forced displacement in the West Bank[d] — the European Union External Action Service stated, "Such acts are in violation of International Humanitarian Law".[275]
Use of white phosphorus on civilians
Human Rights Watch and Amnesty International's Crisis Evidence Lab shared evidence that Israeli military units striking in Gaza and Lebanon have employed white phosphorus artillery rounds; Israel denied the report, calling the accusation "unequivocally false".[276] White phosphorus munitions are allowed on battlefields for specific purposes such as creating smokescreens, generating illumination, and marking targets. They are not banned as chemical weapons under international conventions due to these legitimate uses.[276][277]
White phosphorus is used in smoke, illumination, and incendiary munitions, and ignites when exposed to atmospheric oxygen. Upon contact, it can cause deep and severe injuries, potentially leading to multiple organ failure, and even minor burns can be fatal. White phosphorus is considered an incendiary weapon, and Protocol III of the Convention on Certain Conventional Weapons prohibits their use against military targets located among civilians, although Israel is not a signatory.[278] According to Human Rights Watch, the use of white phosphorus is "unlawfully indiscriminate when airburst in populated urban areas, where it can burn down houses and cause egregious harm to civilians", and "violates the requirement under international humanitarian law to take all feasible precautions to avoid civilian injury and loss of life".[279]
According to Amnesty International weapons investigator Brian Castner, whether this particular case constitutes a war crime depends on "the intended target of this attack, and the intended use", but that, "generally, any attacks that fail to discriminate between civilians and military forces can potentially be a violation of the laws of war".[280] On 31 October, after an investigation, Amnesty International stated that an October 16 Israeli white phosphorus attack was indiscriminate, unlawful, and "must be investigated as a war crime", due to its use on the populated Lebanese town of Dhayra, which injured at least nine civilians.[281][282] On 2 November, Amnesty International stated its investigations into four incidents on October 10, 11, 16 and 17 showed Israel had used white phosphorus munitions.[283] In Lebanon, Israel's white phosphorus bombs have destroyed over 4.5 million sq m of forest in southern Lebanon with the economic loses being valued at nearly 20 million dollars.[284] An investigation by the Washington Post uncovered that white phosphorus used in an October attack that injured 9 people in Lebanon were supplied by the US.[285]
Killing of surrendered people
Surrendered Palestinians
On 10 October, the Israeli Defence Force published a video that appeared to show IDF soldiers shooting four surrendering Palestinians.[286][287] Footage analysis indicated the men appeared to be surrendering, with three men getting on the ground with their arms raised, one waving a piece of white clothing. None of them appeared to be armed at the time of the shooting, while a subsequent video showed the bodies had been moved, with weapons placed near them on the ground. The analysis concluded the four men were unarmed Palestinians who left Gaza through a breach in the separation wall.[286] An IDF spokesman said he had no comment.[286] Killing surrendered civilians or combatants is a war crime.[288][289]
In video footage dated 8 December 2023, the Israeli military is seen killing two Palestinians from the West Bank's Far'a refugee camp in what B'Tselem described as "illegal executions". One man holding a cannister was shot, and was then gunned down while he laid bleeding on the ground. A second man, who was completely unarmed and hiding under a car, was shot and killed instantly. The Israeli military later said they would investigate the attacks.[290]
Human rights groups documented multiple instances of civilians in Gaza being shot by Israeli soldiers while waving white flags.[291] The Human Rights Watch Israel-Palestine director stated Israel had a "track record of unlawfully firing at unarmed people who pose no threat with impunity – even those waving white flags".[292] In early January, a video surfaced dating to 12 November showing displaced Palestinians evacuating Gaza City, including a woman and her child. Despite the group clearly carrying white flags, the woman was reportedly shot and killed by an Israeli sniper.[293]
On 24 January 2024, British network ITV released footage of an Israeli sniper shooting and killing a man carrying a white flag whom the journalist had interviewed only moments before his death.[294] Both the Norwegian Refugee Council and Amnesty International termed it a possible war crime.[295] Israel stated that the footage had been edited, and said that ITV was serving as an arm of "Hamas's propaganda effort".[296] Several days later, a senior commander in the IDF stated, "There are mistakes, it is war."[297]
According to a witness interviewed by Al Jazeera, the corpses of 30 people were found on 31 January 2024 inside a schoolyard in northern Gaza, with the bodies reportedly blindfolded, and their legs and hands tied.[298][299][300] The Council on American-Islamic Relations said the incident should be probed and added to South Africa's ICJ case against Israel.[301] The Palestinian Ministry of Foreign Affairs called it a "violation of all relevant international norms and laws".[302] The Canadian-Palestinian former peace negotiator Diana Buttu stated the incident was "clearly a war crime".[303]
Surrendered Israeli hostages
On 15 December, the IDF released a statement announcing that they had killed three of their own hostages by friendly fire. According to the Israeli military, they "mistakenly identified three Israeli hostages as a threat" during operations in Shuja'iyya and subsequently fired at them, killing them.[304][305][306] According to an Israeli military official on 16 December, the three hostages were shirtless and waving a white flag. The official claimed that one soldier responded to this by "open[ing] fire" and "declar[ing] that they're terrorists"; more Israeli forces fired, killing two hostages "immediately" and wounding the third hostage, who appealed for help in Hebrew.[307] The wounded hostage was pursued into a nearby building by IDF soldiers, where he was killed despite continued pleas for help.[308] Though he claimed that the soldiers were "under pressure" when this happened, Lieutenant General Herzi Halevi also stated that "It is forbidden to shoot at someone who raises a white flag and seeks to surrender", a sentiment echoed by the former head of Mossad, Danny Yatom.[309] Nahum Barnea wrote that the killing of the hostages, unarmed and waving a white flag, was a "war crime" and that "international law is very clear on the issue".[310][311] A preliminary IDF investigation found soldiers were told to kill all fighting-age men who approached them.[312]
Perfidy by the IDF
Israeli forces disguised as civilians
On 30 January 2024, Israeli forces entered the Ibn Sina hospital in Jenin disguised as medics and civilians while carrying concealed rifles.[313] After entering the hospital they drew their weapons and killed three militants - one member of Hamas and two members of Palestinian Islamic Jihad - one of which was a patient.[314][315][316] The International Committee of the Red Cross expressed concern that the raid was a violation of international humanitarian law.[317] Aurel Sari, a professor at the University of Exeter, stated, "By disguising themselves as civilians and as medical personnel, the Israeli forces involved in the operation appear to have resorted to perfidy in violation of the applicable rules."[318] Tom Dannenbaum, a professor of international law, stated, "Someone who is paralyzed is incapacitated in that respect, so an attack on that individual would be prohibited. Violating that prohibition would be a war crime."[319] The Palestinian Ministry of Foreign Affairs called the shootings a crime against humanity.[320] The Independent Commission for Human Rights called the attack "an assault on an institution protected by international law".[321] OHCHR stated it was a "seemingly planned extrajudicial execution."[322]
The IDF initially said the raid had been a "joint IDF, ISA, and Israel Police counterterrorism activity", and later said that none of their soldiers were physically present during the raid.[323] A panel of human rights experts appointed by the UN Human Rights Council stated the raid could constitute a war crime and recommended an investigation.[324]
Use of human shields
On 17 January 2024, Israeli soldiers were recorded using a Palestinian shop-owner in Dura, Hebron, West Bank, as a human shield.[325][326] In an interview with Reuters, the shop-owner stated, "He (the first soldier) told me that he will use me as a human shield, that young people shouldn't hurl stones."[327] On 9 February, the Palestinian Red Crescent Society stated that an ambulance crew in Beita, Nablus, West Bank had been detained by Israeli forces and used as human shields.[328]
Abuse and humiliation of detainees
Video evidence surfaced of what was described as a "flagrant violation of international laws related to the protection of civilians" by Euro-Mediterranean Human Rights Monitor. Israeli soldiers were shown surrounding detainees in Yatta, Hebron who were being dragged and assaulted by the Israeli soldiers. Many of the detainees had been stripped naked, having both their arms and feet bound, and beaten with the butts of rifles and trampled.[329] Video evidence depicting degradation towards detainees shows Israeli soldiers transporting Palestinians from Ofer prison, all of whom are blindfolded and stripped completely naked.[330] In another video uploaded by an Israeli soldier, a blindfolded and bound Palestinian is shown kneeling on the ground. The soldier taunts him in Arabic, telling him "صباح الخير يا قحبة" (Good morning, whore) before repeatedly kicking and spitting on him.[331] On 11 December, Human Rights Watch director, Omar Shakir, stated the blindfolding and stripping of Palestinian detainees represented a war crime.[332] On 20 December, Amnesty International called for an investigation into mass detentions, disappearances, inhumane treatment, and detainee deaths.[333]
In February 2024, the BBC published a report detailing documented instances of Israeli soldiers abusing and humiliating Palestinian detainees, which Mark Ellis, an expert on international criminal tribunals, said showed possible violations of laws regarding prisoners of war.[334] After the IDF dismissed one of the reservists shown in the video, Sir Geoffrey Nice, an expert on war crimes, stated a wider investigation was needed beyond the dismissal.[335]
International reactions
Governments
Heads of state
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Numerous heads of state criticized Israel's war crimes. Turkish president Recep Tayyip Erdoğan criticized Western countries for their complicity as Israel committed war crimes.[336] Colombian President Gustavo Petro termed Israel's campaign as a genocide.[337] Egyptian President Abdel Fattah al-Sisi and King Abdullah II of Jordan both condemned the collective punishment of Gaza.[338] Irish President Michael D. Higgins demanded the al-Ahli Arab Hospital explosion be investigated as a war crime.[e][342] Chilean President Gabriel Boric condemned Israel's "collective punishment" the Gazan civilian population[343][344] South African President Cyril Ramaphosa condemned the collective punishment of Gaza.[345] Brazilian President Luiz Inácio Lula da Silva stated, "It's not a war, it's a genocide."[346]
Belgian deputy Prime Minister Petra De Sutter called for sanctions against Israel and an EU ban on countries responsible for war crimes.[347] On 10 November, Norwegian prime minister Jonas Gahr Støre stated Israel's actions violated international laws of war.[348] Spanish Prime Minister Pedro Sanchez described the Israeli actions in Gaza as "indiscriminate killing" and stated he had "serious doubts" Israel was following international law.[349][350] Palestinian president Mahmoud Abbas called Israel actions in Gaza a genocide.[351] Irish PM Leo Varadkar stated Israel was committing collective punishment.[352] Qatari prime minister Mohammed bin Abdulrahman bin Jassim Al Thani called for an international investigation into Israeli war crimes.[353][354] On 12 December, Joe Biden described Israel's attacks as "indiscriminate".[355]
Foreign ministers
Chinese Foreign Minister Wang Yi stated Israel was collectively punishing Gaza.[356] Indonesian Foreign Minister Retno Marsudi described Israeli actions in Gaza as crimes against humanity.[357] Abdulla Shahid, Foreign Minister of the Maldives, warned the evacuation of northern Gaza could amount to the "war crime of forcible transfer".[358] Iranian Foreign Minister Hossein Amirabdollahian described the events as genocide and a crime against humanity.[359] Russian Foreign Minister Sergei Lavrov criticized Israel's "indiscriminate" force and "flagrant" violations of international humanitarian law, stating the conflict risked creating a crisis that would last "many decades, if not centuries".[360][361]
Syrian Foreign Minister Faisal Mekdad termed Israeli actions as a genocide.[362] In a joint statement, the Foreign Ministers of nine Arab countries — the United Arab Emirates, Jordan, Bahrain, Saudi Arabia, Oman, Qatar, Kuwait, Egypt and Morocco — described Israeli actions as collective punishment.[363] Oman's Foreign Minister, Sayyid Badr Albusaidi, called for a war crimes investigation into Israeli action in Gaza.[364] Qatari foreign minister, Mohammed bin Abdulrahman bin Jassim Al Thani, stated Israel's Al-Shifa Hospital siege was a "war crime and a blatant violation of international laws".[365] Ayman Safadi, the Jordanian foreign minister, stated Israel's actions fit within the legal definition of genocide.[366]
On 9 January 2024, David Cameron, the British foreign secretary, stated he was "worried" Israel had breached international law in Gaza.[367] On 14 January 2024, Cameron said that "Israel is acting in self-defence" and denied that Israel is committing war crimes in Gaza.[368] On 14 February, Italian foreign minister Antonio Tajani described Israel's attack on Gaza as disproportionate.[369] Pietro Parolin, the Vatican's Secretary of State, described Israel's response as disproportionate.[370]
Other officials
Ione Belarra, the Spanish minister of social rights, accused the EU and the US of "being complicit in Israel's war crimes."[371] Belarra further called for Israel to be denounced before the International Criminal Court for genocide in the Gaza Strip.[372] Vanessa Frazier, the Maltese ambassador to the UN, stated Israel's blocking of humanitarian aid "may amount to a crime against humanity and a war crime".[373] The Workers Party of Brazilian president Luiz Inácio Lula da Silva officially classified Israeli actions in Gaza as genocide.[374] The Parliament of Sri Lanka sent a letter to UN secretary general, stating, Israel's "indiscriminate bombings in hospitals, amounts to a war crime under international law and the Geneva Convention."[375] Qatari diplomat Sheikha Alya Ahmed Saif Al-Thani stated the Al-Shifa Hospital siege was a war crime.[376] U.S. officials reported alarm at Israeli claims of the "inevitability" of civilian deaths, after they used the atomic bombings of Hiroshima and Nagasaki as historical examples.[377] On 20 December, HuffPost reported US officials were urging Switzerland against a Geneva Convention conference.[378]
Humanitarian organizations
On 6 December, Oxfam stated the international community, and in particular, Israel's allies, were "complicit in the mass death, forcible displacement, starvation and deprivation being inflicted upon more than 2 million people."[379] The International Federation for Human Rights stated Israel's actions in Gaza constituted an unfolding genocide and called for the arrest of Israeli government officials.[380] A group of 31 Palestinian human rights organizations, led by Al-Haq, wrote to UN chief António Guterres stating UN aid agencies were in breach of international law by aiding Israel's war objectives.[381] The Norwegian Refugee Council stated any push of Gazans into Egypt would be a war crime or crime against humanity.[382] The Non-Aligned Movement, a body of 120 countries, issued a statement calling Israel's war on Gaza "illegal".[383]
In February 2024, Amnesty International warned that states arming Israel risked violating international law, stating, "By providing arms to Israel, EU states and the US are violating their responsibility to prevent genocide and contributing to war crimes and crimes against humanity."[384] Agnes Callamard, the head of Amnesty, wrote for Foreign Affairs, stating international law was in its "death throes" due to the "culmination of years of erosion of the international rule of law and global human rights system".[385] The Israel-Palestine director for Human Rights Watch stated that years of no accountability for Israel had led to "this flagrant disregard for the most basic principles" of international law.[386]
United Nations
A group of independent United Nations experts stated that the Israel Defense Forces engaged in "indiscriminate military attacks".[387] Paula Gaviria Betancur, UN Special Rapporteur on the human rights of internally displaced persons, stated Israel's forced evacuation orders constituted a crime against humanity.[388] Balakrishnan Rajagopal, the UN special rapporteur on the right to adequate housing, stated Israel's destruction of housing and civilian infrastructure amounted to a war crime and crime against humanity.[389][f] UN Human Rights chief Volker Türk stated Israel's collective punishment and forcible evacuation of Gazans were both war crimes.[391]
A group of UN experts warned of "a genocide in the making" in Gaza.[392] Pedro Arrojo-Agudo, the UN special rapporteur on water and sanitation, stated that under Article 7 of the Rome Statute, cutting off basic supplies, such as water, was a crime against humanity.[393] Martin Griffiths stated the humanitarian crisis in Gaza was intolerable and that "international humanitarian law appears to have been turned on its head".[394] Philippe Lazzarini called Israel's killing of United Nations workers a "blatant disregard of international humanitarian law".[395] The United Nations special rapporteurs on extrajudicial executions and torture signed a joint statement urging a war crimes investigation.[396] The OHCHR stated it had "serious concerns" about Israel's compliance with international law.[397] Tlaleng Mofokeng, the special rapporteur on health, stated Israel had violated special medical protections in an "unrelenting war" on health.[398]
Lawsuits and investigations
Investigations
The UK's Foreign, Commonwealth and Development Office opened an investigation into Israeli violations of international humanitarian law.[399] Court documents cited by Amnesty International indicated the UK office was unable to determine if Israel was in compliance with international law, but concluded there were "serious concerns" about legal breaches.[400] In February 2024, the U.S. State Department announced it was investigating the 31 October 2023 Jabalia refugee camp airstrike and Israel's possible use of white phosphorus in Lebanon.[401]
Lawsuits
ICC lawsuits
On 9 November, three Palestinian civil rights groups filed a lawsuit against Israel with the International Criminal Court.[402] The groups charged Israel with war crimes, apartheid, and genocide, calling for the ICC to issue arrest warrants for top Israeli officials.[403] On 10 November, President Gustavo Petro announced Colombia was cosponsoring an Algerian ICC suit charging Israel with war crimes.[404] On 14 November, Human Rights Watch called on the ICC to investigate Israeli attacks on hospitals and ambulances.[405] A group of lawyers representing victims of Israeli attacks filed a suit in the ICC, charging Israel with genocide.[406] South African foreign minister Naledi Pandor called on the ICC to speed up its investigation of Israeli war crimes, crimes against humanity, and genocide, and stated warrants of arrest should be issued for Benjamin Netanyahu.[407] On 16 November, South African president Cyril Ramaphosa stated South Africa had referred Israel to the ICC for war crimes.[408] On 17 November, Karim Ahmad Khan stated the ICC had received a joint request by South Africa, Bangladesh, Bolivia, Comoros, and Djibouti to investigate alleged Israeli war crimes.[409] On 18 November, Turkish President Recep Tayyip Erdogan stated Israeli officials should stand trial at the ICC.[410] On 20 December, Democracy for the Arab World Now provided the ICC prosecutor with a list of 40 Israeli commanding officers to be charged with war crimes.[411]
On 22 December, Reporters Without Borders filed an ICC complaint against Israel for "probable war crimes".[412] On 6 January, a group of 100 Chilean lawyers filed a complaint at the ICC accusing Netanyahu of committing war crimes.[413] On 18 January, the foreign ministries of Mexico and Chile referred Israel to the ICC for potential war crimes.[414][415][g]
ICJ lawsuit
South Africa has instituted proceedings at the International Court of Justice pursuant to the Genocide Convention, to which both Israel and South Africa are signatories, accusing Israel of committing genocide, war crimes, and crimes against humanity against Palestinians in Gaza.[416][417][418] South Africa's president Cyril Ramaphosa compared Israel's actions to apartheid.[419] South Africa's application was brought pursuant to Article IX of the Convention.[417] Several human rights organizations, international organisations, and other nations[h] have supported South Africa in their suit.[453][454]
In an 84-page application filed on 29 December 2023, South Africa alleged that Israel's actions "are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group."[417][455] South Africa requested that the ICJ issue a binding legal order on an interim basis (i.e., prior to a hearing on the merits of the application), requiring Israel to "immediately suspend its military operations in and against Gaza."[417][455] While adjudication of the merits of the case may take years, such an order could be issued within weeks.[418]
Balkees Jarrah, associate international justice director at Human Rights Watch, notes that the ICJ case is not a prosecution of individuals, and does not involve the International Criminal Court, which is a separate body.[418] Jarrah stated that the case presents an opportunity to "provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people."[418]CCR lawsuit against Joe Biden
On 13 November 2023, the New York-based Center for Constitutional Rights (CCR) sued Joe Biden for allegedly failing in his duties, defined under national and international laws, to prevent Israel committing genocide in Gaza.[456] The complaint, filed on behalf of Palestinians in Gaza and the US, alleged that Israel's "mass killings", targeting of civilian infrastructure and forced expulsions amounted to genocide.[456][457] The CCR said that the US and other countries had a duty to do all they could to stop the killing. "As Israel's closest ally and strongest supporter, being its biggest provider of military assistance by a large margin and with Israel being the largest cumulative recipient of US foreign assistance since World War II, the United States has the means available to have a deterrent effect on Israeli officials now pursuing genocidal acts against the Palestinian people in Gaza," the complaint argued.[456]
The suit, filed in federal court in California, asked the court to bar the US from providing weapons, money and diplomatic support to Israel.[456] It also sought a declaration that the president, the secretary of state, Antony Blinken, and the defense secretary, Lloyd Austin, were required "to take all measures within their power to prevent Israel's commission of genocidal acts against the Palestinian people of Gaza." Genocide scholar William Schabas said in a declaration in the lawsuit that in his view there was a "serious risk of genocide" and that the US was "in breach of its obligation" under the 1948 Genocide Convention and international law.[457][458]
On 31 January 2024, the case was dismissed. The judge said that the US Constitution limited his actions, that he would have preferred to have issued the injunction and urged President Biden to rethink U.S. policy, writing "it is plausible that Israel's conduct amounts to genocide."[459]
Hague lawsuit
On 4 December 2023, Human rights organisations Oxfam Novib, PAX Nederland, and The Rights Forum had taken the Dutch State to court to stop the export of parts for F-35 fighter jets arguing that they contribute to violations of international law in Gaza. Oxfam argued that the export "made the Netherlands complicit in violations of the laws of war and the collective punishment of the civilian population of Gaza".[460] On 15 December 2023, The Hague ruled that the state could keep exporting arms to Israel.[461] On 12 February 2024, the court of appeal in The Hague ruled that "There is a clear risk that Israel's F-35 fighter jets might be used in the commission of serious violations of international humanitarian law." The judges wrote, "Israel does not take sufficient account of the consequences of its attacks for the civilian population. Israel's attacks on Gaza have resulted in a disproportionate number of civilian casualties, including thousands of children" and that, " The Netherlands is a party to several international regulations which stipulate that if a clear risk of serious violations of international humanitarian law exists, the Netherlands has the obligation to prevent the export of military equipment." The court ordered that deliveries must stop within seven days.[462]
High Court lawsuit
On 6 December 2023, Palestinian human rights organisation Al-Haq and UK-based Global Legal Action Network (GLAN) have commenced legal proceedings against the UK after written requests to suspend arms sales to Israel, citing alleged breaches of international law and UK rules, were repeatedly ignored. The filed papers detail allegations of indiscriminate attacks on civilians, starvation, forced displacement, and the serious risk of genocide, including statements from members of the Knesset and military leaders. The action is supported by the International Centre of Justice for Palestinians (ICJP) and a press briefing was held with GLAN, Al-Haq and ICJP and with Campaign Against Arms Trade (CAAT) and a member from Oxfam.[463][464]
Federal Court of Australia lawsuit
On 5 December 2023, Palestinian human rights groups, Al-Haq, Al Mezan Center for Human Rights and the Palestinian Centre for Human Rights (PCHR) have launched legal action in the Federal Court of Australia. The human rights groups seek access to all permits allowing the export of arms and weapons to Israel that have been granted by the Minister for Defence since 7 October 2023. The application is supported by the Australian Centre for International Justice (ACIJ).[465][466]
By both sides
Allegations of genocide
Allegations of genocide committed by Palestinian militants
In the West, Hamas has long been considered to harbor aspirations of genocide against Israel and its Jewish population, as an interpretation of their 1988 charter referenced a hadith (saying attributed to Muhammad) that in the End Times, Jews will follow the false Messiah, after which Muslims will kill and be victorious over Jews.[467][468][469][470][471] Legal and genocide experts condemned the attack as a severe violation of international law, asserting that Hamas executed these acts with the intent to destroy the Israeli national group.[472][473][474][475] Over 100 international scholars describing the actions as likely meeting the definition of genocide, saying "As these widespread, horrendous acts appear to have been carried out with an 'intent to destroy, in whole or in part' a national group – Israelis – a goal explicitly declared by Hamas, they most probably constitute an international crime of genocide, proscribed by the Genocide Convention and the Rome Statute of the International Criminal Court".[476]
Other groups, including Genocide Watch, have supported these allegations, saying "Hamas targeted Israelis simply because they were Israelis. It was the deadliest recorded massacre of Jews since the Holocaust. Iran, Hamas, Hezbollah, and Palestinian Islamic Jihad have expressed their genocidal intent to destroy the nation of Israel. The massacres by Hamas constituted acts of genocide."[477]
Some commentators have pointed toward Hamas' founding charter, which contains anti-Semitic language, advocates for the destruction of Israel, and, according to some of the researchers, implies a call for the genocide of Jews. This has led to suggestions that the October 7 attacks were an effort to fulfill this agenda.[478][479][480][481]
Allegations of genocide committed by Israel
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On 17 October, 10 days after the start of the war, 880 scholars of international law and genocide signed a public statement saying: "As scholars and practitioners of international law, conflict studies, and genocide studies, we are compelled to sound the alarm about the possibility of the crime of genocide being perpetrated by Israeli forces against Palestinians in the Gaza Strip."[482] The statement called on UN bodies, including the UN Office on Genocide Prevention, as well as the Office of the Prosecutor of the International Criminal Court to "immediately intervene, to carry out the necessary investigations, and invoke the necessary warning procedures to protect the Palestinian population from genocide".[482]
On 19 October 2023, amid the 2023 Hamas–Israel war, 100 civil society organizations and six genocide scholars sent a letter to Karim Khan, Prosecutor of the International Criminal Court, calling on him to issue arrest warrants to Israeli officials for cases already before the prosecutor; to investigate the new crimes committed in the Palestinian territories, including incitement to genocide, since 7 October; to issue a preventive statement against war crimes; and to remind all states of their obligations under international law.[483] The letter noted that Israeli officials, in their statements, had indicated "clear intent to commit war crimes, crimes against humanity and incitement to commit genocide, using dehumanizing language to describe Palestinians". The six specialist genocide scholars that signed the document were Raz Segal, Barry Trachtenberg, Robert McNeil, Damien Short, Taner Akçam and Victoria Sanford.[483] The same day, lawyers at the Center for Constitutional Rights stated that Israel's tactics were "calculated to destroy the Palestinian population in Gaza", and warned the Biden administration that “U.S. officials can be held responsible for their failure to prevent Israel’s unfolding genocide, as well as for their complicity, by encouraging it and materially supporting it."[484] On 13 December, FIDH, the world's third-oldest human rights organization, stated Israel's actions in Gaza constituted an unfolding genocide.[485]
On 28 October Craig Mokhiber stepped down as the director of the New York office of the UN's High Commissioner for Human Rights over the organization's response to the war in Gaza. In his resignation letter, he described Israel's military conduct, and broader actions toward Palestinians, as "a textbook case of genocide".[486][487][488]
In response to Israel destroying Gaza's universities, Muhannad Ayyash, a professor of sociology at Mount Royal University, charged Israel with epistemicide.[489][490] Ayyash stated Israel sought to "erase Palestinian existence from history, and that includes a targeting of Palestinians as a cultural group, as a group of people that produce knowledge".[489] On 6 December, Israel destroyed the municipal archives of Gaza City, leading Birzeit University to state Israel was "deliberately razing all forms of life."[491] Israel bombed more than 200 of Gaza's most important cultural heritage sites,[492] including the Church of Saint Porphyrius and the Great Omari Mosque.[493][494] French historian Jean-Pierre Filiu stated Israel was destroying a 4,000 year-old culture in Gaza, stating, "the memory of humanity is being erased before our eyes".[495]
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Birzeit University again condemned Israel in January 2024, after the IDF bombed Israa University, stating Israel had stolen 3,000 rare artifacts and calling it "a continuation of the genocide being carried out in Gaza Strip."[496][i] The Palestinian Ministry of Education and Higher Education called the bombing a "clear violation of all international laws".[498] The Council on American-Islamic Relations called the artifact theft part of Israel's "ongoing genocide" and a "war crime of cultural theft".[499]
Israel was also charged with committing ecocide.[500] The Environment Quality Authority stated Israel had destroyed "all components of biological diversity, including plants and microorganisms."[501] The Century Foundation stated Gaza's "environmental resources are being poisoned, depleted, or otherwise destroyed, and may take generations to recover."[502]
On 29 December South Africa filed the case South Africa v. Israel (Genocide Convention) against Israel at the International Court of Justice, alleging that Israel "is committing genocide in manifest violation of the Genocide Convention".[503][504][505] South Africa asked the ICJ to issue provisional measures, including ordering Israel to halt its military campaign in Gaza.[504]Targeting of journalists
On 1 November, Reporters Without Borders asked the International Criminal Court to begin a priority war crimes investigation into the killing of nine journalists.[506] RSF noted 41 journalists had been killed during the first month of the conflict, including 36 Palestinian journalists in Gaza and four Israeli journalists in Israel.[507]
In an interview with NPR, Jodie Ginsberg, the president of the Committee to Protect Journalists, called for an ICC investigation into the killing of journalists in Gaza, stating the killings "appear to have been targeted".[508] On 27 January 2024, the International Federation of Journalists wrote an open-letter to Benjamin Netanyahu and Yoav Gallant stating they would take Israel to court if it did not comply with the ICJ's order to avoid targeting journalists.[509] In February 2024, the deputy director of the International Federation of Journalists stated, "There appears to have been a systematic campaign to kill and terrify and maim journalists in Gaza".[510]
On 13 February 2024, the Al Jazeera Media Network stated Israel had attacked two of its journalists in Gaza, calling it "a full-fledged crime added to Israel's crimes against journalists, and a new part in the series of the deliberate targeting of Al Jazeera's journalists".[511] A representative from Media Defence stated, "Journalists are civilians so they are entitled to all the protections that civilians should have in times of conflict".[512] The director of the International Press Institute stated, "We see journalists clearly targeted… Our organisation has been monitoring press freedom for almost 75 years and this is the worst attack we have seen on journalists in any conflict".[513]
Killing of Issam Abdallah
Reporters Without Borders conducted a preliminary investigation into the killing of Issam Abdallah, a Reuters photojournalist killed in Lebanon, and found that the strike on a clearly marked vehicle marked "Press" was purposely targeted and that the fire had come from Israel.[514] An investigation by the Agence France Press found Abdallah's killing was used with tank shells of Israeli origin and were deliberate and targeted.[515] Amnesty International stated the attack was a likely war crime and that "Israel must not be allowed to kill and attack journalists with impunity."[516] Human Rights Watch stated the attack was apparently deliberate and a war crime.[517]
Killing of Samer Abu Daqqa
Following the Israeli killing of Samer Abu Daqqa, Al Jazeera stated it was referring the incident to the International Criminal Court.[518]
See also
- Casualties of the 2023 Israel–Hamas war
- Hate crimes related to the 2023 Israel–Hamas war
- International law and the Arab–Israeli conflict
- 2023 Gaza humanitarian crisis
- Outline of the 2023 Israel–Hamas war
- Palestinian genocide accusation
Notes
- ^ Two weeks after the bombing, the Belgian Minister of Development Cooperation Caroline Gennez stated Israel had still not responded to a request for an investigation.[109]
- ^ The following day, Thomas White, the affairs director of UNRWA, stated, "This is not an isolated incident. This is happening all across Khan Younis and has been a pattern in other parts of Gaza."[138]
- ^ The Financial Times later silently deleted Herzog's quote from its article, cf. archive copy of the article from the evening of October 13.[179]
- ^ On 27 December 2023, UNOCHA stated that since 7 October, 1,208 people had been displaced due settler violence, 393 due to lacking Israeli building permits, 95 on punitive grounds, and 483 due to army demolitions.[274]
- ^ The perpetrator of this alleged war crime is disputed. While not a definitive conclusion, as of 23 October 2023, independent analysts asserted the explosion was caused by an errant rocket fired from within Gaza.[339][340][341]
- ^ Rajagopal stated, "If the International Criminal Court does not act very soon, we need a special tribunal for Gaza and action by States".[390]
- ^ Both countries representatives stated the referral was in part due to the increased violence and previous numerous reports from the United Nations.
- ^ South Africa's case has been supported by the following states and international organizations:
- Algeria[420]
- Bangladesh[421]
- Bolivia[422][423]
- Brazil[424][425][426]
- Chile[427]
- Colombia[424][428]
- Comoros[429]
- Cuba[430]
- Djibouti[429]
- Egypt[431]
- Indonesia[432]
- Iran[433]
- Iraq[434]
- Jordan[435]
- Lebanon[436]
- Libya[437]
- Malaysia[438]
- Maldives[439]
- Namibia[421]
- Nicaragua[421]
- Pakistan[440]
- Palestine[421]
- Sahrawi Arab Democratic Republic[441]
- Saint Vincent and the Grenadines[442]
- Slovenia[443][444]
- Syria[445]
- Turkey[438]
- Venezuela[421][446]
- Zimbabwe[447][448]
- Arab League[449]
- Organisation of Islamic Cooperation[450][451]
- Non-Aligned Movement[452]
- ^ The artifacts were displayed at the Knesset.[497]
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- ^ "South Africa launches case at top UN court accusing Israel of genocide in Gaza". AP News. Associated Press. Archived from the original on 31 December 2023. Retrieved 29 December 2023.
- ^ a b Corder, Mike. "South Africa's genocide case against Israel sets up a high-stakes legal battle at the UN's top court". ABC News. Archived from the original on 7 January 2024. Retrieved 3 January 2024.
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Hadif is a statement of Prophet Mohammed. This is a book that start for ninth graders. This is talking about the victory of Muslims over Jews. This is a hadif that I truly believe it's not true, as a Muslim: "The day of judgment will not arrive until Muslims fight Jews, and Muslim will kill Jews until the Jew hides behind a tree or a stone. Then the tree and the stone will say, 'Oh Muslim, oh, servant of God, this is a Jew behind me. Come and kill him.' Except one type of a tree, which is a Jew tree. That will not say that."
- ^ Bayefsky, Anne F. (2018). "The UN and Incitement". In Bayefsky, Anne F.; Blank, Laurie R. (eds.). Incitement to Terrorism. Leiden; Boston: Brill. p. 91. ISBN 978-90-04-35981-9. Retrieved December 20, 2023 – via Google Books.
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The governing charter of Hamas, "The Covenant of the Islamic Resistance Movement," openly dedicates Hamas to genocide against the Jewish people.
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The Hamas Charter not only calls for the militant, perhaps genocidal, liberation of Palestine (e.g., "raise the banner of Allah over every inch of Palestine"), but also demonstrates anti-Semitic, murderous intent.
- ^ Tsesis, Alexander (2014–2015). "Antisemitism and Hate Speech Studies". Rutgers Journal of Law and Religion. 16: 352.
For Jews, the Holocaust remains a real concern in an age when Hamas, a Palestinian terrorist organization, continues to advocate genocide in its core Charter.
- ^ a b
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External links
- "War in Gaza: Journalists are under attack", per International Federation of Journalists
- IDF attacks on Gaza Strip healthcare facilities, per Forensic Architecture
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