Hamas accused of war crimes in Gaza
Human rights groups urge inquiry into conduct of both sides during three-week war
Rory McCarthy
guardian.co.uk, Monday 23 March 2009
As well as investigating Israel's conduct during its war in Gaza, human rights groups have found evidence that violations of international law were committed by Hamas and other armed Palestinian groups.
In a letter to European Union foreign ministers, Human Rights Watch called for an investigation into the conduct of both sides and accountability for any individuals held responsible for war crimes. It noted that members of Hamas, and other Palestinian militants, fired hundreds of rockets into southern Israel during the three-week war, aimed at towns like Sderot and Ashkelon. It said the rockets were inaccurate and were clearly aimed at civilian areas.
Three Israeli civilians were killed by rocket attacks during the war and, in total, about 20 people have been killed in Israel by rocket and mortar attacks out of Gaza in the past eight years.
"Those who wilfully conduct such attacks are responsible for war crimes," Human Rights Watch said.
It said Hamas deployed fighters in civilian homes during the conflict and fired rockets from bases close to civilian areas, both violations of international humanitarian law.
Israel has claimed that Hamas frequently used Palestinians as human shields against Israeli attack, but Human Rights Watch said it could not find any such cases. It said its investigation had been limited because Israel had refused to grant its researchers access to Gaza.
Human rights groups, both international and Gazan, have found evidence corroborating witness accounts obtained after the war by the Guardian showing that Hamas launched a crackdown against its perceived internal rivals, injuring and sometimes killing them in a wave of attacks. Some were accused of collaborating with Israel, others were members of the security forces loyal to the rival Palestinian faction, Fatah.
Amnesty International, which has investigated the Gaza war, has called for a broad, international investigation into violations by both sides. It found Hamas and other Palestinian militants fired rockets indiscriminately at Israeli civilians, and said Hamas smuggled weapons into Gaza under the Egyptian border that had been acquired from "clandestine sources".
Hamas officials do not deny the rocket attacks. In an interview with the Guardian in Gaza immediately after the war, Ahmed Yusuf, an adviser in Hamas' foreign ministry, openly defended those firing the rockets. "They are heroes because they defend the Palestinian people," he said.
"We live under occupation and we have a legitimate right to defend ourselves. With only negotiations you will achieve nothing … If you don't keep your hands on the gun nobody will respect you."