The Oppression Within
Hamas’ Brutality Against the People of Gaza
A systematic campaign of internal repression defines Hamas's rule in Gaza. Since its 2007 takeover, the group has used extrajudicial killings, torture, and arrests to consolidate power and silence dissent. This report documents how this brutality has intensified since October 7, 2023, with the new "Arrow Unit" carrying out summary executions and violent crackdowns on civilians and protesters.
Read the full report here.
Key Findings on Hamas’ Internal Repression in Gaza
Oppression Within: Hamas’ Brutality Against the People of Gaza
Hamas maintains control over Gaza through a pattern of violence and intimidation. Our fact sheet highlights how the group has escalated its repression since October 7, 2023, meeting the legal criteria for both war crimes and crimes against humanity. Findings include:
- Intensified Brutality: The "Arrow Unit" conducts public executions of alleged collaborators and looters.
- Targeting Civilians: Hamas has killed protesters and humanitarian workers who try to challenge its authority.
- Weaponizing Aid: The group controls aid distribution and targets those who seek it independently.
Download as pdf.
Download
From Intent to Action: Legal Perspectives on Hamas’ Genocide
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 provides a comprehensive analysis of the October 7, 2023, attacks perpetrated by Hamas and other terrorist organizations, arguing that these acts fulfill the criteria to be considered genocide under international law. The document outlines the historical context of the Genocide Convention of 1948, emphasizing the legal definition of genocide and its codification in international law, particularly under the Rome Statute of the International Criminal Court (ICC).
In this report meticulously details the background, entities involved, and the horrifying acts of October 7, focusing on the systematic attacks by Hamas and other Palestinian armed groups against Israeli nationals, resulting in over 1,200 deaths and numerous acts of violence, including rape, mutilation, and kidnapping. It argues that these acts satisfy the physical element (actus reus) of genocide, including killing members of a group, causing serious harm, and imposing measures intended to prevent births within the group.
Furthermore, it elaborates on the mental component (dolus specialis) required for genocide, highlighting how speeches and actions by Hamas’ most influential leaders before and after the attacks evidence genocidal intent. The report discusses individual and state responsibility for genocide, noting the role of the ICC, the International Court of Justice (ICJ), and the application of universal jurisdiction in prosecuting such crimes. It also addresses the Palestinian Authority's complicity through financial incentives for terrorists (the "Pay for Slay" policy) and public endorsements of the attacks.
The report concludes by underscoring the necessity of recognizing and naming the crime committed on October 7 as genocide in accordance with legal standards and the evidence presented. It calls for accountability through international legal mechanisms to address and prevent such atrocities in the future.
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:
-
- 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.
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.
The Cynical Exploitation of Israeli Democracy
In 1990, Nelson Mandela was released from Victor Verster Prison in Cape Town after spending twenty-seven years behind bars. His only crime was that of rebelling against the white minority that subjugated his people by denying them the right to vote, to acquire land and to protest.
Similar regimes of oppression exist today in Iran, which executes political dissidents; in the West Bank, where being homosexual is a criminal offence; and in Saudi Arabia, which practices gender apartheid. As of yet, the international community has failed to put as much pressure on these regimes as it did on Pretoria, partly because it has been preoccupied with turning the nation-state of the Jewish people into a pariah. The United Nations, for example, has passed more resolutions condemning Israel than the other nations of the world combined. It is impossible to consider these figures and not come to the conclusion that the international community’s double-standard against Israel is blatant and morally bankrupt; much worse is that it has been aided in this endeavor by so-called human rights activists within Israel.
About a year ago, two members of the Israeli Knesset — Aida Touma Suleiman and Mossi Raz — hosted an event in parliament titled: “54 years - Between Occupation and Apartheid.” The event, funded by the Israeli taxpayer, quickly descended into an anti-Zionist hate festival, filled with lies about the so-called apartheid system imposed upon Palestinians in the “occupied territories and within Israel.”
Of course, Raz and Suleiman had every right to host the event. In fact, that they were able to host it serves as a testament to the health of Israel’s thriving democracy. Former Israeli Prime Minister Menachem Begin put it most succinctly: “Without an opposition, there can be no democracy; without it, the essence of human liberty is in danger.” But I also reserve the right to express what I think about those who cynically exploit the seat of Israeli democracy as a means of delegitimizing the Jewish state — and it’s not much.
The hypocrisy of the Knesset members, especially Suleiman, an Arab-Israeli representative in the Knesset, is nothing short of astonishing. She does not speak Yiddish and may not be familiar with the term ‘chutzpah’, but her behavior suggests she is full of it. Israel is a vibrant democracy where Arabs benefit from affirmative action policies, teach in Israeli universities and enjoy equal rights to their Jewish counterparts. This includes the right to serve on the Supreme Court, to vote and to elect members to the Knesset; some of whom oppose Israel’s right to exist and denounce her as an apartheid state.
To be sure, what is true of Israel is not necessarily true of the disputed territories. Israel withdrew from Gaza in 2005 and was consequently met with heavy rocket fire from Hamas militants. She maintains control over the West Bank only due to Palestinian rejectionism — that is, the inability of Palestinian leaders to accept a two-state solution that leaves Israel’s existence as a Jewish and democratic state in-tact.
In 2000, Yasser Arafat balked at a generous offer of statehood on 97% of the West Bank, with its capital in Jerusalem and a large compensation package for Palestinian refugees displaced during wars started by Israel’s neighbours. This drew opprobrium even from Arab leaders, including Prince Bandar of Saudi Arabia who described the rejection as “a crime against the Palestinian people, in fact against the entire region.” Likewise, in 2008 Olmert offered the Palestinians a deal which would have granted them sovereignty over even more territory, only to be met with no response from Arafat’s successor, Mahmoud Abbas.
Had these offers been accepted, there would be no roads restricted to Israelis or civilian settlements in the West Bank; the so-called accoutrement of Israeli apartheid. These policies are controversial, if not disagreeable. But to wage the ‘apartheid’ libel against Israel’s settlement enterprise and security precautions in the disputed territories — those which exist only due to Palestinian intransigence — is to egregiously misuse the term and minimize the horrors of the actual anti-apartheid struggles that took place in South Africa. One of the most celebrated proponents of this struggle — Martin Luther King Jr — once venerated Israel as “one of the great outposts of democracy in the world.” He would be dismayed with Suleiman exploiting his life mission to support her anti-Israel bigotry.
by Joe Beare, JIJ Intern
Letter to Nikki Haley
The Honorable Nikki Haley
U.S. Permanent Representative to the United Nations
United States Mission to the United Nations
799 United Nations Plaza
New York, NY 10017
Dear Ambassador Nikki Haley,
The Jerusalem Institute of Justice (JIJ) is a non-government organization located in the heart of Jerusalem, Israel. Our sole focus is the cultivation and defense of human rights, the rule of law, and true democracy for all people, both in Israel, and the Middle East as a whole. We regard ourselves as a bridge for the indomitable ambitions of the United States and Israel; for the values that both our countries have always shared.
Ambassador Haley, the entire JIJ team sincerely applauds your staunch support of Israel and human rights worldwide. The bias shown against Israel by the UN has long been at the forefront of our minds, but we are happy to see that your presence in the United Nations is developing a new narrative with a more balanced perspective on human rights. Your most recent proposal to condemn Hamas for the violence perpetuated at the Gaza border has reassured us that an unbiased voice of reason can, and will prevail at the UN General Assembly. The UN approves resolution after resolution to unjustly condemn Israel while Hamas's crimes fall on the deaf ears of the General Assembly. Your courage to stand up for justice by advocating for a narrative of symmetry, wherein Hamas’s atrocities can finally be denounced, inspired 62 countries to vote for justice. It is a triumph to see other countries beginning to stand up and recognize the truth, and your part in this cannot be overstated. Throughout the world, your denunciation of terrorism and your support for Israel is ringing true.
We would also like to point out, and praise, your recent courageous decision to leave the United Nations Human Rights Council. This action speaks volumes about true commitment to the global support of human rights. We stand behind you in the conviction that your departure may draw attention to the hypocrisy of Human Rights Council. We agree, wholeheartedly, with you that the council has developed a disquieting history of attacking Israel, while monumental human rights violations by countries including Saudi Arabia, Cuba, and Qatar have gone unaddressed. Your decision affirms the unbreakable bond between the United States and Israel. Hopefully, your actions will provoke the reorganization of the crucial Human Rights Council into a more effective and unbiased assembly.
The JIJ stands ready to aid you, Ambassador Haley, in whatever capacity we are able to. Our staff is constantly hard at work researching issues of human rights in the Middle East. We are currently focused on a UN project aiming to expose anti-Israel bias by deconstructing each resolution made against Israel, and responding with instances of the same injustice in other parts of the world that the UN conveniently ignores. Our research demonstrates the tremendous bias existing in past General Assembly resolutions against Israel. Last year alone, 21 resolutions were passed against Israel, while only 6 were passed towards the rest of the world combined. This is nothing short of a deep-seated prejudice that we cannot afford to ignore.
Once again, we here at the JIJ thank you for all that you do. If there is anything that the JIJ can do to support you and the excellent work you are accomplishing, please do not hesitate to contact us.
Sincerely,
The JIJ Team