International Legal Violations Hamas Attack of October 7, 2023
CONTENT WARNING: THIS REPORT CONTAINS EXPLICIT GRAPHIC CONTENT, INCLUDING IMAGES AND DESCRIPTIONS OF KILLINGS, SEXUAL VIOLENCE, AND OTHER FORMS OF EXTREME VIOLENCE, WHICH MAY BE DISTURBING OR TRIGGERING TO SOME READERS
This report delineates several instances of international human rights law (IHRL) and international humanitarian law (IHL) violations perpetrated by Hamas and other Palestinian terrorist groups on October 7, 2023. The instances of violations presented herein are not exhaustive and constitute only a partial representation of the atrocities perpetrated during the mentioned
period.
The comprehensive evidence in this report unequivocally establishes the October 7th attack by Hamas and other Palestinian armed groups as a severe violation of fundamental international laws and basic human principles. Though only a fraction of the transgressions committed, the atrocities detailed herein affirm the breach of specific International Humanitarian Law (IHL) and International Human Rights Law (IHRL) rules.
Considerable efforts by states, human rights defenders, international organizations, civil society, and others have been invested in establishing bodies and mechanisms, particularly within the United Nations, to uphold international law and ensure accountability for those who violate it. These UN mechanisms must be leveraged to address the atrocities of October 7th.
In light of the above, we urge the implementation of all available actions to address the human rights and humanitarian law violations outlined in this document, along with the following specific measures:
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- 1- Advocate and activate accountability measures for the atrocities committed and raise awareness about the documented violations, both within the United Nations system and globally, and to garner support for preventive and accountability measures.
- 2- Report the findings to the relevant bodies, including those of the United Nations. Implementation of preventive measures to deter future violations, such as increasedmonitoring, diplomatic pressure, and peacekeeping efforts, to mitigate the risk of further human rights abuses.
- 3- Monitor the situation closely, providing regular updates and follow-up reports to assess the progress made in addressing the documented violations and implementing accountability measures.
The acts committed on October 7th represent the gravest violations of basic human rights, demanding urgent intervention and unwavering commitment to justice.
From Intent to Genocide
On October 7, 2023, at 6:30, Hamas and other terrorist organizations orchestrated a deliberate and indiscriminate rocket onslaught on Israel, unleashing over 2,000 projectiles in a single day. This assault, designed not only to target civilians but also as a diversion, enabled the infiltration of more than 3,000 terrorists. Striking over 20 locations in Israel, these infiltrators perpetrated a range of heinous acts, including murder, rape, and kidnapping.
The acts perpetrated by Hamas and other terrorist groups on October 7 amount to genocide, comprising two essential components: physical and mental. There is unequivocal evidence that the actions encompass, at the very least, the killing and causing serious bodily or mental harm to Israeli nationals and Jewish people. The numerous speeches, targeting of civilians, massive scale, destructive effect, and context all lead to the conclusion that the only reasonable inference to be drawn is the intent of the perpetrators of the attacks of October 7 to commit genocide.
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UNRWA in Numbers
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Christians from Gaza specifically threatened by Hamas
Letter to the UN Special Rapporteur on minority issues
To: Prof. Nicolas Levrat Date: November 21, 2023
UN Special Rapporteur on minority issues
8-14 Avenue de la Paix 1211 Genève 10, Switzerland
Dear Mr. Levrat,
We are writing to express our deep concern about the extremely dangerous situation of the Christian Palestinians in northern Gaza. Specifically, we urgently request your intervention to safeguard the rights and well-being of innocent individuals belonging to this minority group by facilitating their immediate evacuation to a safe haven.
The conditions of violence, segregation, and exclusion of this minority group in Gaza are not new. In 2022, the Palestinian Center for Policy and Survey Research conducted a public opinion poll among Palestinian Christians in the West Bank and the Gaza Strip. The report of the survey shows that an overwhelming majority of 69% are worried about the presence of armed Palestinian factions such as Hamas. Additionally, two-thirds said they are worried about the fact that the Palestinian Basic Law refers to the principles of the Islamic Sharia as a main source of legislation and are concerned about the rise of political Islam as represented by Hamas, Islamic Jihad, al Tahrir Party, as well as extreme and conservatives in the Palestinian society.
Amidst the ongoing Israel-Gaza conflict, reports indicate that approximately 590 Christians are seeking shelter in the Catholic Church under the Latin Patriarchate in Gaza City, around 350 are taking refuge in the Greek Orthodox church, and an additional 53 are sheltering in private houses. These 1,000 Christian Palestinians have no safe haven in Gaza.
While the Israeli Defense Forces' policy urges Palestinians in and around Gaza City to seek refuge in southern Gaza in the next two days for safety and access to essential resources, this call does not ensure the safety of this particular minority group.
Palestinian Christians fear for their lives if they relocate to southern Gaza. They believe that leaving the historic church buildings, their current safe havens in and around Gaza City, and relocating to the south would expose them to potential genocide. They are regarded as pagans, heathens, and idol-worshippers by Hamas, the Palestinian Islamic Jihad, and all Islamist terror organizations governing Gaza.
They anticipate no mercy in the south, expecting Islamist extremists to perpetrate atrocities, including mutilation, torture, rape, and burning alive. Under your mandate as the Special Rapporteur on minority issues, it is imperative to take immediate and decisive action by closely collaborating with the International Committee of the Red Cross. We urge the prompt evacuation of the 1,000 Christian Palestinians sheltered in Gaza City to a safe haven while providing them with the essential resources they need to survive, such as access to food, clean water, and medical care.
The International Committee of the Red Cross, a neutral entity established to safeguard and aid victims of armed conflicts and uphold International Humanitarian Law, operates effectively in Gaza. Its mission aligns with the Special Rapporteur's mandate to overcome existing obstacles to the full and effective realization of the rights of persons belonging to minorities in armed conflicts.
Sincerely,
Flavia Sevald Adv. Uri Morad, Director of the International
Chief Executive Officer Law & Public Diplomacy Department
CC: Mirjana Spoljaric Egger, President of the International Committee of the Red Cross.
William Schomburg, Head of Sub-Delegation for the International Committee of the Red
Cross (ICRC) in Gaza
Letter to ICRC - On Social Media Biased Reporting
LETTER TO THE PRESIDENT OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS
November 16, 2023
To: Ms. Mirjana Spoljaric Egger,
President of the International Committee of the Red Cross
19 Avenue de la Paix 1202 Geneva Switzerland
Date: November 15, 2023
We are writing to bring to your attention a pressing issue concerning the use of social media by the
International Committee of the Red Cross (ICRC) in the context of the ongoing Hamas-Israel conflict.
In today's world, social media has an immense influence on the perception of conflicts, shaping
narratives and inadvertently affecting conflict dynamics. Recent events have underscored the critical
importance of the ICRC's response in this domain.
The central concern at hand revolves around the balance and neutrality of the content disseminated
through ICRC's social media channels. As an independent and neutral organization dedicated to
upholding humanitarian protection for conflict victims and the principles of international
humanitarian law (IHL), it is imperative that ICRC's social media communications maintain a high
standard of neutrality, balance, and accuracy in portraying conflicts.
Of particular concern is the apparent disproportion in the content's focus. A noticeable emphasis on
the Gaza Strip is evident in the content shared by ICRC on its social media platforms (see Annex 1).
This is evident in depictions of scenes from Gaza, casualty statistics, and information about victims
within Gaza. However, a significant absence exists concerning content depicting the atrocities
committed by Hamas on October 7 and the impact on communities in Israel near the Gaza Strip.
Furthermore, a notable gap in communication on ICRC's Instagram account was observed following
the October 7 attack. While references were made to hostage-taking and the importance of adhering
to international humanitarian law, a more robust stance against the violations of international
humanitarian law committed by Hamas on October 7, including acts of sexual violence and genocide,
was expected.
Equally concerning is the absence of any posts, whether images, graphics, or videos, addressing the
damages suffered on Israeli soil. This encompasses distressing scenes of houses reduced to rubble,
charred walls, mass destruction, and the devastating harms caused by rocket hits on civilian
infrastructure in Tel Aviv, Ashkelon, and other locations.
The consequences of this content disproportion are significant, as it affects the overall narrative,
public perception, and understanding of the conflict. Given the ICRC's influential role in providing
information, it is essential to adopt a more balanced and nuanced approach in social media
communications.
From October 7 until October 25, there has been a 500% increase in the volume of antisemitic events
compared to the same period last year. Specifically in social networks, the increase of online
antisemitic discourse was, between October 7-23, 400% compared to the 17 days prior to the war and
340% compared to the same dates in the previous months (The State of Antisemitism in the World A
Summary of the First Three Weeks of the 'Swords of Iron' War, 2023).
This alarming surge in online antisemitism has had dire real-world consequences. Instances of
antisemitic violence and vandalism have occurred globally, with private houses and apartments in
cities like Berlin, Paris, and others being marked with Stars of David. Synagogues, Holocaust
memorials, Jewish schools, Jewish cemeteries, and historic Jewish sites in locations such as Girona,
Berlin, Vienna, Rome, and Thessaloniki have been targets of attacks, often accompanied by anti-Israel
and antisemitic graffiti, including swastikas. A particularly distressing incident took place on
November 4 when a 30-year-old Jewish woman was stabbed in her home in Lyon, and her attacker
defaced her door with a swastika symbol. Tragically, on November 6, a pro-Palestinian protestor killed
Paul Kessler, a 65-year-old Jewish man, further underscoring the devastating real-world impact of
rising antisemitism.
The perilous connection between online antisemitism and tangible acts of violence against Jewish
individuals, communities, and institutions underscores the pressing need for fair and responsible
communication on social media platforms. This is why we firmly believe that the ICRC should maintain
balance and neutrality in the content shared on social media platforms.
Our request is not to remove existing content but to enhance it with a more comprehensive portrayal
of the situation, one that encompasses the atrocities committed in Israel by Hamas and other
Palestinian terrorist groups. Your proactive response to this matter will contribute to a more informed
and balanced public discourse on these critical issues.
Sincerely,
CC: Fabrizio Carboni, ICRC regional director for the Near and Middle East
Alessandra Menegon, Head of the Delegation of the ICRC in Israel and the Occupied Territories
Ewan Watson, Head of Public Relations
Where is UN women's involvement in the protection of Israeli women?
Date: October 30, 2023
To: Sima Bahous
Executive Director of UN Women
220 E 42nd St, New York, NY 10017, United States
Dear Executive Director Bahous,
We write to you with deep concern about the situation in the region and, more specifically, to urgently request UN Women's intervention to safeguard the rights and well-being of all women and girls, including those who have been attacked, raped, kidnapped, and murdered by Hamas and other Palestinian armed groups.
The statement by UN Women on October 13th, though appreciated, appears to fall short in fully addressing and safeguarding the rights and well-being of victims who have endured significant hardships in recent events. Our primary concern is the perceived bias in the statement and its omission of acknowledgment regarding the many women and girls in Israel who have suffered due to the atrocities committed by Hamas and other Palestinian armed groups.
We wholeheartedly support UN Women's commitment to the well-being of Palestinian women. However, it is essential that this commitment is not one-sided.
The acts of terror by Hamas against hundreds of women and girls are truly horrific. These ruthless actions include ripping open the belly of a pregnant woman and beheading her unborn child, slaughtering, raping, burning, beheading, and mutilating Israeli women and girls, and burning women and girls alive. Moreover, several women and girls were kidnapped and are still today being held hostage in the Gaza Strip.
It is imperative that UN Women’s mission embraces the well-being of all women and girls, without exception. We, therefore, strongly urge you to take immediate and decisive action to protect and provide unwavering support to the countless women and girls who have suffered at the hands of Hamas and other Palestinian terrorist groups.
Where is the UN special rapporteur on Torture’s involvement in the protection of Israeli civilians?
Date: November 6th, 2023
To: Dr. Alice Jill Edwards
UN Special Rapporteur on Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
8-14 Avenue de la Paix 1211 Genève 10, Switzerland
Dear Ms. Edwards,
We are writing to express our deep concern about the situation in the region and, more
specifically, to urgently request your intervention in safeguarding the rights and well-being of
innocent individuals who have suffered from attacks, torture, rape, kidnappings, and murders
at the hands of Hamas and other Palestinian terrorist groups.
Forensic examinations of the victims from October 7th have revealed numerous acts of
torture committed by Hamas terrorists, including burning people alive, decapitations,
mutilations inflicted on children and the elderly. Other atrocities by Hamas include cutting
open a pregnant woman's stomach and pulling out her baby, tying up babies, and cutting off
the arm of a 10-year-old girl, who tragically succumbed to severe blood loss. These actions
represent a clear violation of Article 2 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the
Convention”).
We greatly appreciate your statement dated October 12, 2023, in which you expressed being
"shaken by the mass murder and kidnappings of civilians by Hamas in Israel." The latest
reports indicate that the heinous attacks carried out by Hamas have resulted in the tragic loss
of over 1,400 lives, with more than 5,300 people injured and 241 individuals held hostage in
Gaza.
Notwithstanding, we are disturbed by the extremely biased statements made on the same day
during the Special Procedure of the Human Rights Council. The special rapporteurs who
participated in this procedure made a regrettable, unfair, and narrow-minded comparison
between the inhuman attacks perpetrated by Hamas against innocent civilians and the Israeli
self-defense military response to the terrorist groups in Gaza. While the attacks by Hamas
clearly violate Article 2 of the Convention, the State of Israel's response to these attacks is
firmly grounded in the self-defense principle established in Article 51 of the United Nations
Charter. Equating the inhuman actions of Hamas with Israel's self-defense response is a
dangerous comparison that only serves those who seek to justify the human rights violations
committed by Palestinian terrorist groups during the attacks on October 7th against innocent
people.
We do not know if the horrifying atrocities perpetrated by Hamas and other Palestinian
terrorist groups against the hostages have concluded, and now is the time for the United
Nations to exert all efforts to halt these inhuman and degrading acts. We urge your
intervention to undertake a fact-finding mission to Gaza and conduct on-site investigations
into the conditions of the 241 hostages held by Hamas. We also request your assurance that
Articles 5 and 16 of the Convention are not being violated.
It is imperative that, under your mandate as the Special Rapporteur on torture and other cruel,
inhuman, or degrading treatment or punishment, you take active and concrete measures to
provide the Human Rights Council with firsthand evidence of the atrocities committed by
Hamas against innocent individuals.
UNICEF's Lack of involvement in the protection of Israeli children
In a letter to Catherine Russell, Executive Director of UNICEF, the Jerusalem Institute of Justice calls upon UNICEF to uphold the principles outlined in the United Nations Convention On The Rights Of The Child, which guides UNICEF's mandate.
Specifically, we emphasize that according to the Convention, UNICEF must ensure that no child shall be subjected to torture or other cruel, inhuman, or degrading treatment (article 37) and take all feasible measures to ensure the protection and care of children affected by an armed conflict (article 38).
While UNICEF has made public statements about supporting children in the Gaza Strip and emphasizing the critical need to protect them, we earnestly implore that equal attention and support be extended to Israeli children who are not collateral damage of the conflict but rather a deliberate target of these terrorist groups.
Disturbingly, numerous Israeli children, including infants, have lost their parents due to heinous acts of terrorism. This is the case of the 10-month-old twins of Itay and Hadar Berdichevsky, a young couple of 30, who placed their children in a hidden shelter when they heard terrorists at their door. The couple valiantly attempted to shield their babies from harm, but tragically, they were murdered during the attack. The twins survived the ordeal, left orphaned by this senseless act of violence.
Moreover, children, including babies, have been horrifically murdered by Hamas, as verified by various reliable sources, including U.S. Secretary of State Antony Blinken, who confirmed that dozens of Israeli babies were murdered, beheaded, and burnt by Hamas terrorists.
The lack of UNICEF's involvement in the protection of Israeli children is perplexing and unacceptable. We look to UNICEF to demonstrate an unwavering commitment to the protection and well-being of ALL children in the region.
LETTER TO THE EUROPEAN UNION - STOP FUNDING HAMAS
Date: October 25, 2023
To:
Ms. Ursula von der Leyen
President of the European Commission
European Commission, 1049 Brussels, Belgium
Dear Mrs. von der Leyen
We, the undersigned, have borne witness to the horrific acts of terrorism perpetrated by Hamas, an EU-designated terrorist organization, against innocent nationals of Israel, Austria, Estonia, France, Germany, Ireland, Italy, Latvia, Lithuania, Portugal, Spain and other EU member states. We grieve in solidarity with the nearly 200 families whose beloved infants, toddlers, teenagers, and grandmothers are still held hostage by an organization that live streamed its propensity for torture, rape, and beheadings.
We appreciate your recent visit to southern Israel and your condemnation of the terrorismcarried out by Hamas, describing it as 'the most heinous assault against Jews since theHolocaust.' We also welcomed EU Commissioner Oliver Varhelyi’s declaration on October 9ththat the EU would place its entire 691 million euro Palestinian development portfolio underreview before issuing new payments.
We were bewildered when this decision was inexplicably reversed just five hours later, at a timewhen Hamas terrorists were still butchering Israeli civilians in Kfar Aza and Kibbutz Be’eri. Equallytroubling is the recent decision of the Commission to triple its funding to Gaza withoutestablishing any effective controls to ensure the money does not end up in the hands of Hamasonce again.
We support the provision of humanitarian aid to the innocent Palestinian civilians in Gaza whoare also suffering under the oppressive rule of Hamas. However, Hamas presents a cynicalobstacle to this support, as it has mastered four primary modes of converting humanitarianassistance into material support for terrorism:
- First, Hamas extracts “taxes” from humanitarian shipments at border crossings.
- A portion of the shipments of donated goods are routinely confiscated by Hamas and re-soldfor a profit on the black market.
- Donor commodities (such as fuel) that do manage to arrive at their intended destination(such as UNRWA facilities) remain ripe for confiscation by Hamas whenever they seek toresupply their militia, as occurred on October 16th.
- Finally, Hamas and the Palestinian Islamic Jihad have advertised their propensity fordismantling humanitarian infrastructure (including water and sewage pipes) to repurposeinto rockets, a significant percentage of which fall short of their targets, landing in Gaza,killing countless civilians, and endangering humanitarian workers.
In accordance with the above, it is clear that currently all funds sent as humanitarian aid to Gazaare misappropriated for the purpose of inflicting even graver harm on the civilian population inthe Gaza Strip and in Israel.
A clear example of financial misappropriation of the European humanitarian aid is the case of anEU grant of €699,236 (2017-2019) that was allocated to the Palestinian organizations: Union ofPalestinian Women’s Committees (UPWC), Defense for Children International – Palestine (DCI-P),Health Work Committees (HWC), Bisan Center, and Land Research Center (LRC). Theseorganizations have ties to the Popular Front for the Liberation of Palestine (PFLP) terrorist group.In December 2019, the Israel Security Agency arrested a 50-person terror network operating inthe West Bank, allegedly responsible for a bomb attack that resulted in the death of a teenager inAugust 2019. Among those arrested were three senior employees of NGOs that werebeneficiaries of this EU grant, including Walid Hanatsheh (Abu Ras), HWC’s finance andadministration manager; Ubai Aboudi, Bisan’s Executive Director; and Iteraf Hajaj (Rimawi), whoserved as Bisan’s Executive Director in 2017
As the European Parliament stated in its resolution 2023/2899(RSP) of October 19th, 2023 “theEU budget must continue to provide support for building peace and stability in the region,combating hate and fundamentalism and promoting human rights.”
The European Union has established procedures and mechanisms to ensure that its financial aidreaches the intended recipients. However, it has not effectively implemented these measureswhen it comes to the funds provided to Palestinian civilians. In fact, the European Parliament'slatest resolution called again upon the European Commission to conduct a comprehensive reviewof all EU financial assistance to the Palestinians to guarantee that no EU funds are used, eitherdirectly or indirectly, to finance terrorism. Likewise, we support the call of the aforementionedlegislative body for the immediate and unconditional release of all hostages taken by the terroristgroup Hamas and the return of the bodies of deceased hostages.
We strongly call the member states of the European Union to monitor the allocation of funds forhumanitarian aid to prevent diversion to Hamas and other armed groups in the Gaza Strip, and totake all necessary steps to ensure the release of all hostages currently held captive in the GazaStrip.
ICRC- Must Locate and Facilitate Release of Hostages
JERUSALEM INSTITUTE OF JUSTICE LEADS COALITION OF 50 ORGANIZATIONS
URGING INTERNATIONAL RED CROSS TO SECURE RELEASE OF THE GAZA CAPTIVES
A coalition of 50 organizations urge the ICRC to verify the status of more than 150 Israelis kidnapped in the Gaza Strip
In the wake of Hamas’ barbaric rampage through the civilian communities of southern Israel, the Jerusalem Institute of Justice leads a coalition of 50 organizations in urging the International Committee of the Red Cross (ICRC) to verify the status of the 150+ Israeli hostages taken into captivity in Gaza. Here
This list reflects a broad consensus between Israel and the global Diaspora, religious and secular organizations. In this dark time for our nation, our hearts are moved by the opportunity to speak with one voice. In addition to sending this letter, we are requesting an urgent meeting with the Jerusalem staff of the ICRC and plan to bring some of the families of the Israeli hostages to that meeting to make personal the urgency of our appeal.
“Hamas has openly advertised its penchant for torturing, raping, denying medical treatment, degrading, humiliating, and threatening to execute these hostages,” said Uri Morad, Director of International Law & Public Diplomacy for the Jerusalem Institute of Justice (JIJ). “The International Red Cross must act urgently to locate and establish communication with the kidnapped Israelis if it has any hope of fulfilling its mission and bringing an end to this war.”
In a joint letter, JIJ advocacy efforts were joined by prominent Israeli, North American, and European organizations who are committed to countering anti-Semitism and anti-Israel bias, including the Anti-Defamation League, Jerusalem Center for Public Affairs, NGO Monitor, Middle East Forum, and StandWithUs. The group also included several Jewish and Christian communities, including the Jewish Federation of Northern New Jersey, Israel Christian Nexus, and numerous diaspora synagogues.
Specifically, the coalition urged the International Red Cross to take the following steps:
• Locate and establish communication with the Israelis held hostage in the Gaza Strip.
• Call for Hamas to cease its heinous acts of raping and sexually abusing Israelis.
• Condemn the use of human shields as military targets, including hospitals and schools, and the horrifying practice of exhibiting and mutilating dead bodies.
• Facilitate the immediate return of the Israeli hostages.
“This past week constitutes the worst time in Jewish history since the Holocaust, a time when the International Red Cross was, by its own admission, ‘impotent’ in the face of Nazi persecution and genocide,” said Flavia Sevald, CEO of JIJ. “In today’s war, the perpetrators may have changed, but their agenda is the same. The International Red Cross has a double duty to get it right this time.”
Jerusalem Institute of Justice (JIJ) is the only Israeli human rights NGO with consultative status before the United Nations that is pro-Israel. Within the international community, JIJ has persistently advocated for the release of Israeli citizens from captivity. Within Israel, JIJ provides free legal aid to minority ethnic and religious groups, with a track record of 25 precedent-setting victories in the Israeli Supreme Court.
