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Too Little - Too Late: Amnesty International Concludes Hamas Committed Crimes Against Humanity

It took more than two years, but Amnesty International has finally concluded what we knew all along: that Hamas committed crimes against humanity on October 7 and after.

In the comprehensive 173-page report, the nonprofit concluded that Hamas and other Palestinian armed groups committed war crimes and crimes against humanity during and after the October 7, 2023 attacks in Israel.

This was a stark admission to come from an institution with a known anti-Israel stance, and a first public condemnation of Palestinian actors.

Key Findings

The report’s conclusions are based on extensive evidence including video footage, eyewitness testimony, and other documentation. Among the most significant findings:

Intentional Targeting of Civilians: Amnesty rejected Hamas’s claim that civilian deaths resulted from actions by unauthorized individuals, concluding instead that the attacks represented a coordinated, multi-location assault deliberately aimed at civilian populations.

Hostage Treatment: All individuals taken to Gaza are considered to have been unlawfully detained as hostages and subjected to psychological abuse.

Sexual Violence: The report acknowledges documented cases of rape, gang rape, and sexual assault, both during the October 7 attacks and against hostages in captivity.

Multiple Perpetrators: The report explicitly names several groups involved in the attacks, including the Izzadin al-Qassam Brigades (which Amnesty holds chiefly responsible), the Al-Quds Brigades, and the Al-Aqsa Martyrs’ Brigades, along with hundreds of Palestinians in civilian clothing.

Investigation Challenges

Amnesty’s researchers faced significant obstacles during their investigation as many survivors and witnesses were reluctant to speak, and limited forensic evidence had been collected by Israeli authorities.

Despite these challenges, Amnesty stated it gathered substantial evidence to support its conclusions.

How This Differs from UN Findings

Amnesty’s conclusions go further than previous United Nations reports in several key ways. While UN investigations acknowledged possible cases of sexual violence, they did not conclude it was widespread or systematic. The UN also used more cautious language, stating that some of Hamas’s actions “may have” amounted to crimes against humanity, whereas Amnesty makes a definitive determination.

Additionally, Amnesty’s report is more specific in attributing actions to Hamas directly, using insignia, weapons identification, and Hamas’s own media, while UN reports often referred more generally to “armed Palestinian groups.”

The Broader Context

Amnesty International’s willingness to take such a clear stance represents a notable shift in its approach amid ongoing discussions about accountability for the October 7 attacks and the subsequent conflict.

The determination that Hamas’ actions constitute crimes against humanity under international law can have implications for future legal proceedings and diplomatic efforts.