Amnesty International Declares Hamas Committed Crimes Against Humanity in October 7 Attack and Hostage Crisis

Amnesty International has formally accused Hamas and other Palestinian armed groups of crimes against humanity regarding their actions during and following the October 7, 2023 attack on Israel, which initiated the Gaza war.

In a comprehensive 173-page report, the human rights organization stated, "Palestinian armed groups committed violations of international humanitarian law, war crimes and crimes against humanity during their attacks in southern Israel that started on 7 October 2023."

Amnesty specifically characterized the mass civilian killings as "the crime against humanity of extermination." The organization also noted that these groups "continued to commit violations and crimes under international law in their holding and mistreatment of hostages and the withholding of bodies seized."

While Amnesty had previously classified Hamas's actions as war crimes, this new assessment elevates the accusations to crimes against humanity, particularly regarding the systematic capture and detention of hostages. The report emphasized that "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."

It's important to note that crimes against humanity, unlike war crimes, can occur during peacetime and encompass acts like torture, rape, and various forms of discrimination. Such crimes involve "a widespread or systematic attack directed against any civilian population."

The October 7 attack resulted in 1,221 deaths and the abduction of 251 people as hostages, including 44 who were already deceased. Of the 207 hostages taken alive, 41 died or were killed in captivity. As of the report's publication, all hostages except for the body of one Israeli officer have been returned under a Gaza ceasefire agreement.

Amnesty listed multiple actions as constituting crimes against humanity, including murder, extermination, imprisonment, torture, enforced disappearance, rape, and "other forms of sexual violence." However, regarding sexual violence claims, Amnesty acknowledged limited access to survivors, interviewing only one case, and therefore could not determine the full extent of such crimes.

The report identified Hamas and its military wing, the Ezzedine Al-Qassam Brigades, as "chiefly responsible" for these crimes, with Palestinian Islamic Jihad, the Al-Aqsa Martyrs' Brigades, and "unaffiliated Palestinian civilians" bearing lesser responsibility.

In May 2024, the International Criminal Court sought arrest warrants for Hamas leaders Ismail Haniyeh, Mohammed Deif, and Yahya Sinwar, all of whom were subsequently killed by Israel, leading to the withdrawal of these applications. The ICC has also issued still-active arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes in Gaza.

Notably, Amnesty has also accused Israel of committing genocide against Palestinians in Gaza, an allegation Israel's foreign ministry has strongly rejected as "entirely false," "fabricated," and "based on lies." According to figures from Gaza's health ministry, considered reliable by the UN, Israel's military response has resulted in at least 70,369 Palestinian deaths.