Amnesty International has significantly escalated its assessment of teh October 7, 2023, attacks by Hamas and allied groups, now characterizing them as “crimes against humanity” in a newly released 173-page report. This marks the first time the association has applied this designation to actions taken during the current conflict, a shift reflecting the alleged scale and systematic nature of the violence [[2]]. The reclassification-which differs from previous assessments of “war crimes”-could broaden the scope of future international legal efforts and potential prosecutions [[1]], and comes amid increasing scrutiny from bodies like the International Criminal Court [[1]].
Amnesty International has, for the first time, labeled actions by Hamas and its allies as “crimes against humanity,” a significant escalation in the organization’s assessment of the events beginning October 7, 2023. The findings are detailed in a 173-page report released Thursday, titled “Targeting Civilians: Murders, Captures and Other Violations Committed by Palestinian Armed Groups in Israel and Gaza.” This development comes as international scrutiny intensifies regarding potential war crimes committed during the ongoing conflict.
Previously, Amnesty International had characterized the acts as “war crimes.” The shift in terminology is crucial, according to Robert Roth, a retired professor of international criminal justice at the University of Geneva, who explained that “the threshold for qualifying an act as a crime against humanity is higher than for a war crime.” Roth further clarified that a crime against humanity implies “the existence of a project” aimed at the destruction of a population, suggesting a broader intent than a typical war crime.
Amnesty International asserts that Hamas carried out its actions “as part of a widespread and systematic attack against the civilian population,” with fighters allegedly “instructed” to target civilians. The use of the term “crime against humanity” also allows Amnesty to distance itself “from the debate on the qualification of the conflict between Israel and Hamas,” Roth noted. Unlike war crimes, which are tied to the context of armed conflict, a crime against humanity “does not depend on the existence of a conflict,” he said.
The report’s findings could have implications for future investigations and potential prosecutions related to the conflict. The designation of these acts as crimes against humanity underscores the gravity of the alleged offenses and may influence the scope of international legal efforts to address them.
