Amnesty, which had previously accused Hamas and other groups of committing war crimes on October 7, concluded in its newest report that they were also responsible for crimes against humanity, particularly in the seizure and holding in captivity of hostages.
“The holding of hostages was done as part of an explicitly stated plan explained by the leadership of Hamas and of other Palestinian armed groups”, the report stated.
Amnesty has previously accused Hamas and other groups of committing war crimes, which are serious violations of international law against civilians and combatants during armed conflict.
Crimes against humanity can occur in peacetime and include torture, rape and discrimination, be it racial, ethnic, cultural, religious or gender-based. It involves “a widespread or systematic attack directed against any civilian population”.
Hamas’ October 7, 2023, attack on Israel resulted in the deaths of 1221 people, and 251 people were taken hostage that day, including 44 who were dead.
Of the 207 hostages taken alive, 41 died or were killed in captivity. At the time of writing, all hostages have been returned as part of a ceasefire in Gaza except for the body of one Israeli officer.
Among the acts listed as crimes against humanity by Amnesty were murder, extermination, imprisonment, torture, enforced disappearance, rape and “other forms of sexual violence”.
For the latter crimes, it said that it was not able to interview survivors except for one case and therefore could not conclude the scope or scale of sexual violence.
Mass killing
The report concluded that Hamas including its armed wing the Ezzedine Al-Qassam Brigades were “chiefly responsible” for the crimes.
Hamas ally Palestinian Islamic Jihad, as well as the Al-Aqsa Martyrs’ Brigades and “unaffiliated Palestinian civilians”, were responsible to a lesser extent.
In May 2024, the International Criminal Court applied for arrest warrants for then Hamas political bureau chief Ismail Haniyeh, then head of Hamas’ armed wing Mohammed Deif, and then head of Hamas and October 7 mastermind Yahya Sinwar.
The ICC withdrew the applications after the trio were all killed later that year by Israel.
The court also issued a still-active arrest warrant for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defence Minister Yoav Gallant in November 2024 for war crimes and crimes against humanity committed during the war in Gaza.
In December 2024 Amnesty accused Israel of committing genocide against Palestinians in Gaza during its war with Hamas. It then warned late last month that Israel was “still committing genocide”, despite a ceasefire which came into effect on October 10.
When Amnesty first made the accusation, Israel’s Foreign Ministry vehemently rejected it as “entirely false” and called the report “fabricated” and “based on lies”.
Israel’s retaliatory assault on Gaza has killed at least 70,369 people, according to figures from the territory’s health ministry that the United Nations considers reliable.
-Agence France-Presse
