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

HRW’s report concludes that the Palestinian groups committed a widespread and systematic attack directed against a civilian population, which amounts to a crime against humanity, based on the numerous civilian sites that were targeted and “the planning that went into the crimes”.

It also found that the killing of civilians and the taking of hostages were “all central aims of the planned attack, and not actions that occurred as an afterthought, or as a plan gone awry, or as isolated acts, for example solely by the actions of unaffiliated Palestinians from Gaza, and as such, there is strong evidence of an organisational policy to commit multiple acts of crimes against humanity”.

The report says further investigation is needed into other potential crimes against humanity, including persecution against any identifiable group on racial, national, ethnic or religious grounds; rape or sexual violence of comparable gravity; and extermination, if there was a mass killing calculated to bring about the “destruction” of part of a population.

The report includes a letter from Hamas responding to the allegations, in which the group said it was “committed to respecting international law” and that the al-Qassam Brigades “was clear in directing its members and fighters not to target civilians”.

Hamas also said the participation of unaffiliated Palestinians from Gaza and other armed groups not involved in the initial, planned assault led to “chaos in the field”, a change in “the plan to conduct an operation against military targets” and “the occurrence of many mistakes”.

The report says HRW found Hamas’s claim that its forces did not seek to harm Israeli civilians was “false”, noting that photos and videos showed gunmen seeking out civilians and killing them at various sites from the first moments of the attack.

In a statement issued following the report’s publication, Hamas said: “We reject the lies and blatant bias towards the occupation [Israel] and the lack of professionalism and credibility in the Human Rights Watch report. We demand its withdrawal and an apology.”