By Smartencyclopedia with agencies
In a collective statement endorsed by over 100 international law experts from Israel and around the world, it has been asserted that the Hamas terror group committed a series of war crimes during its recent large-scale assault on Israel, with the magnitude of the actions possibly amounting to genocide.
The document, signed by academic and legal authorities, emphatically underscores that the extensive and disturbing acts perpetrated by Hamas in its assault represent a gross violation of international law, including international criminal law. The experts were unequivocal in their condemnation of the actions and declared that the available evidence points towards the potential classification of these acts as genocide under international law.
The document points to videos, primarily released by Hamas on social media, that detail acts of torture, sexual violence, violence against children, and desecration of bodies. Such widespread and horrific actions, when carried out with the intent to destroy a national group, Israelis, as explicitly declared by Hamas, are believed to constitute the international crime of genocide. This assertion aligns with the Genocide Convention and the Rome Statute of the International Criminal Court.
Among the signatories is Prof. Irwin Cotler, the former justice minister and attorney general of Canada, emphasizing the gravity and universality of this assessment.
Dan Eldad, who played a key role in assembling the statement, indicated that it could have crucial diplomatic value for Israel when seeking support from other countries or international organizations. It can be used as a persuasive tool to demonstrate the gravity of the situation and to counter expressions of support for the Palestinian position.
The disturbing escalation of violence occurred on October 7 when more than 1,500 Hamas terrorists launched a coordinated assault on Israeli border areas around the Gaza Strip. This rampage resulted in the brutal killing of civilians, including men, women, and children, alongside the overrunning of military sites. The human toll from this assault, which unfolded concurrently with a widespread rocket barrage, has now exceeded 1,300 casualties, with the vast majority being civilians. Several of the victims were reportedly beheaded.
Throughout the conflict, the terrorists took around 150 people hostage, including individuals of all ages, including children and elderly women, forcibly took them to Gaza. The ongoing rocket attacks on civilian areas have further escalated the crisis.
This legal assessment was organized by the Hostage and Missing Families Forum, a volunteer-based organization formed in response to the attack, dedicated to securing the return of the hostages held in the Gaza Strip.
The document emphasizes that taking hostages, whether civilian or soldier, is categorized as a war crime, particularly in cases where laws governing prisoners of war do not apply to terrorist organizations. Holding hostages, both civilians and soldiers, represents a war crime. Additionally, the circumstances surrounding the kidnapping of the hostages, marked by torture and abuse, reflect the crime of enforced disappearances.
Under international law, Hamas is obligated to provide information about the hostages, including their medical condition, as well as necessary medical care. The experts called on the International Committee of the Red Cross and other relevant UN agencies to ensure access to the abductees and to provide essential food and medical treatment.
The international community and organizations have been urged to apply maximum pressure on Hamas to prioritize the immediate release of protected groups, including children, women, the elderly, those with disabilities, and those requiring medical treatment. The legal document underscores the urgent need to address these humanitarian concerns and international legal violations.
In response to the attacks, Israel has launched artillery and airstrikes against Hamas, with the aim of targeting terrorist infrastructure and areas in which Hamas operates. Israel has simultaneously issued evacuation warnings to civilians in regions slated for the attack. Recent reports suggest that Hamas terrorists were instructed to massacre civilians and take captives, further underscoring the gravity of the situation.