Hamas-led groups committed ‘numerous war crimes’ on October 7, rights group says

Hamas-led armed groups committed “numerous war crimes and crimes against humanity” against civilians during the October 7 attack in southern Israel, according to a Human Rights Watch (HRW) report released Wednesday.

In a 236-page report titled “‘I Can’t Erase All the Blood from My Mind’: Palestinian Armed Groups’ October 7 Assault on Israel,” the rights watchdog said that the October 7 attack was “directed against a civilian population,” and that “killing civilians and taking hostages were central aims of the planned attack, not an afterthought, a plan gone awry, or isolated acts.”

“The Hamas-led assault on October 7 was designed to kill civilians and take as many people as possible hostage,” said Ida Sawyer, crisis and conflict director at HRW.

The assault was led by Hamas’ military wing – the Qassam Brigades – but included at least four other Palestinian armed groups, the report said.

The report details several dozen cases of serious violations of international humanitarian law by Palestinian armed groups at most civilian attack sites on October 7, when militants killed 1,200 people in Israel and took more than 250 people hostage, according to Israeli authorities.

The rights group said it interviewed 144 people, including 94 Israeli and other nationals, who witnessed the October 7 assault, which targeted at least 19 kibbutzim (agricultural communes) and five moshavim (cooperative communities). The cities of Sderot and Ofakim, two music festivals, and a beach party were also targeted, HRW added.

“The armed groups committed numerous violations of the laws of war that amount to war crimes,” the report said. These include “attacks targeting civilians and civilian objects, willful killing of people in custody, cruel and other inhumane treatment.” Palestinian fighters committed summary killings and hostage-taking along with murder and wrongful imprisonment, HRW added.

Sexual and gender-based violence

The report also highlighted “crimes involving sexual and gender-based violence, hostage-taking, mutilation and despoiling bodies, use of human shields, and pillage and looting.”

Israel and the United Nations have also accused Hamas-led militants of committing sexual violence on October 7.

In March, the UN special envoy on sexual violence in conflict, Pramila Patten, said her team found “reasonable grounds to believe that conflict related sexual violence, including rape and gang rape occurred” that day. It was the UN’s most definitive finding on allegations of sexual assault in the aftermath of the attack.

HRW said that Hamas responded to its questions, stating that its forces were instructed not to target civilians and to abide by international human rights and humanitarian law. “In many cases, Human Rights Watch investigations found evidence to the contrary,” the watchdog said.

Hamas rejected the findings of the report and called for it to be retracted, according to a statement on Wednesday.

“We reject the lies and blatant bias towards the occupation and the lack of professionalism and credibility in the Human Rights Watch report. We demand its withdrawal and an apology,” the Palestinian group said.

‘Atrocities do not justify atrocities’

In response to the October 7 attack, Israel launched an air and ground offensive on Gaza that has killed more than 38,000 people in the enclave, according to Palestinian authorities. The war has displaced almost all of Gaza’s population of 2 million, turned swathes of the territory into rubble and triggered a massive humanitarian crisis.

Previous HRW reports have addressed several alleged serious violations by Israeli forces in Gaza since October 7. In its Wednesday report, HRW called on all parties involved in the conflict to abide by international humanitarian law.

“The Palestinian armed groups in Gaza should immediately and unconditionally release civilians held hostage,” the report said, adding that both parties “should surrender for prosecution anyone facing an International Criminal Court (ICC) warrant.”

In May, the ICC said it was seeking arrest warrants for Yahya Sinwar, the Hamas leader in Gaza, and Israeli Prime Minister Benjamin Netanyahu, among other Israeli and Hamas officials, on charges of war crimes and crimes against humanity over the October 7 attacks and the subsequent war in Gaza.  A case is also being heard by the International Court of Justice (ICJ) over an accusation by South Africa that Israel is committing genocide in its war in Gaza.

“Atrocities do not justify atrocities,” Sawyer said. “To stop the endless cycle of abuses in Israel and Palestine, it’s critical to address root causes and hold violators of grave crimes to account. That’s in the interests of both Palestinians and Israelis.”