During the
Israel-Hamas war there were a very large number of incidents of deliberate killings of people who were not actively engaged in combat. In addition to unarmed civilian, many of the soldiers and militants who were killed - and often reported simply as militants or soldiers, as if they died in combat - were not actively engaging in hostilities at their time of death. There were also multiple alleged
assassinations,
summary executions,
deaths in custody, or other
extrajudicial killings, with varying amounts of evidence to support the allegations.
Background
International law regarding killing unarmed military
Even if an individual is a member of a military or other armed group, there are situations when killing them is a
war crime. For example, if they are wounded,[1] if they surrender voluntarily, or if they are already a prisoner of war,[2]
History of extrajudicial killings in Israel and Palestine
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Executions of alleged informants by Palestinians
West Bank public executions
On Friday 24 November 2023, two Palestinian men were killed by other Palestinians in
Tulkarm in the West Bank.[5] The Tulkarm Battalion Rapid Response group, who the
Times of Israel described as a local militant group affiliated with the
Al-Aqsa Martyrs Brigades, posted a cryptic statement on Telegram just after the two men were reported killed, āWe did not wrong them, but they wronged themselvesā.[6][5] Possibly a reference to verse 10:44 of the Qur'an, from
Surah Yunus (the book of Jonah)[7]Arabic: Ų„ŁŁŁŁ Ł±ŁŁŁŁŁŁ ŁŁŲ§ ŁŁŲøŁŁŁŁ Ł Ł±ŁŁŁŁŲ§Ų³Ł Ų“ŁŁŁŁŁŪŁŲ§ ŁŁŁŁŁŁ°ŁŁŁŁŁ Ł±ŁŁŁŁŲ§Ų³Ł Ų£ŁŁŁŁŲ³ŁŁŁŁ Ł ŁŁŲøŁŁŁŁ ŁŁŁŁ,
lit. 'Indeed, god does not wrong people in the least, but it is people who wrong themselves.'[8] The
Jerusalem Center for Public Affairs, an Israeli
think tank,[9] described the incident as "The Disintegration of Palestinian Society".[10]
The IDF claimed
Fayeq Mabhouh[A] (the police officer, who was
killed during the
Al-Shifa Hospital siege, see
below) had been appointed to intimidate local Gazan clans in order to thwart them from cooperating with Israel on guarding the distribution of humanitarian aid,[11] and accused him of "orchestrating" the
execution of the leader of the
Doghmush clan the week before he was killed.[12] The clan allegedly denied this, and claimed the leader and his family were killed by an airstrike.[13] Israel and Gaza's government were competing to win over the clans.[14] It was rumoured that a large part of the Israeli motive for killing Mabhouh was the failure of the Israeli plan to replace the police in Gaza with the clans (such as the
Doghmush clan) to distribute aid and enforce the law.[15]
According to experts from the
United Nations, the killing of three Palestinian men in a hospital in the occupied West Bank by Israeli commandos disguised as medical workers and Muslim women may amount to war crimes.[16] Unarmed members of the military are allowed to be taken prisoner but not killed.[17] Wounded combatants are further protected under the
Geneva Conventions, they are not allowed to be killed or captured,[17][18] but they may be kept as prisoners of war after they recover if they are treated at enemy hospitals.[19]
Israeli forces disguised as medical staff and civilians have shot dead three Palestinians inside a hospital in the city of Jenin in the occupied West Bank. Hospital says the men were āassassinatedā. Israel says they belonged to a āHamas terrorist cellā.[20] The BBC referred to the men who were killed as "members of Palestinian armed groups".[21]
Summary execution for breaching a barrier to harvest crops
In an article for
Haaretz,
Gideon Levy and
Alex Levac reported that two Palestinian brothers caught scaling a barrier to access their crops were killed on the spot.[22] Levy and Levac points out that the men should have been arrested instead of killed, and that the soldiers could also have fired warnings shots to give the men a chance to escape home before resorting to lethal force.[22]
One of the first homes hit was that of the
Abu Qouta family, late at night on 7 October 2023. Nineteen members of the family were killed, the youngest was a baby under one year old.[25][26][27][28][29] The strike killed 19 members of the Abu Qouta family and 5 other people who were nearby.[30]
Australian brothers in Bint Jbeil, Southern Lebanon
Family homes were also hit in Southern Lebanon, in a residential area of
Bint Jbeil. Killing two brothers Ali Ahmed Bazzi and Ibrahim Bazzi (27), and Ibrahim's wife Shorouq Hammond.[31] The brothers are both Australian citizens, Ali lived locally but Ibrahim was visiting from Sydney to bring his wife home to Australia.[31]Hezbollah claimed Ali as one of their fighters, and also included the civilian family members in a Hezbollah funeral.[31]
Summary executions
OHCHR stated on 20 December it had received allegations of Israeli soldiers summarily killing at least eleven unarmed men in
Rimal.[32]Al Jazeera reported that the number
summarily executed was 15, killed during an apartment raid. The execution was witnessed by the families of the men.[33]Middlesex University professor
William Schabas stated, "It's not really important to demonstrate that they're civilians. Summary executions even of fighters, even of combatants is a war crime."[34]Euro-Med Monitor told Al Jazeera they believe there is a pattern of "systematic" killing, that "In at least 13 of field executions, we corroborated that it was arbitrary on the part of the Israeli forces."[35] On 26 December 2023, Euro-Med Monitor submitted a file to the International Criminal Court and United Nations special rapporteurs documenting dozens of cases of field executions carried out by Israeli forces and calling for an investigation.[36][37][38] In March 2024, video of an IDF soldier bragging about killing an elderly deaf man hiding under his bed was released, leading the
Council on American-Islamic Relations to condemn the killing as an execution and war crime.[39][40] The Israeli military stated they would begin a probe into the incident.[41]
Defense officials told Haaretz that the Israeli army had created
kill zones in Gaza, in which any person who crossed an "invisible line" was killed.[42]
A mass grave with 283 bodies was uncovered in April 2024 at Khan Younis's Nasser medical complex in the southern Gaza city. 30 bodies were buried in two graves in the courtyard of Al-Shifa Hospital in Gaza City.[43][44] Reportedly, bodies were found with their hands and feet tied.[45] Following the discovery of the mass graves, UN human rights chief
Volker TĆ¼rk called for an independent investigation on the intentional killing of civilians by the IDF and stated the "intentional killing of civilians, detainees, and others who are hors de combat is a war crime."[46][47] A spokesperson for the
U.N. High Commissioner for Human Rights described the discoveries, stating, "Some of them had their hands tied, which of course indicates serious violations of international human rights law and international humanitarian law, and these need to be subjected to further investigations".[48]William Schabas, a Canadian expert on international human rights law, stated mass graves have "always been an indication that war crimes have been committed".[49]
During an IDF
raid on
Al-Shifa Hospital in
Gaza City, Fayeq Mabhouh (
Arabic: ŁŲ§Ų¦Ł Ų§ŁŁ ŲØŲŁŲ,
romanized: FÄy'q el-Mapħouħ) was killed in what sources based on reports from the IDF described as a firefight between
"Hamas militants" or "terrorists" and Israeli troops.[50][51][52][53] but some Palestinian aligned sources describe as an assassination.[54][55][56][57] They mostly don't despute that Fayeq fired on the Israeli forces who approached him, but they frame the situation differently as to who was the aggressor.[58][50][59]
The raid was launched at approximately 2:30 am, by troops from the
IDFās 401st Armored Brigade and other units, including special forces and the
Shin Bet security agency encircling the hospital.[50]
Before the IDF found Fayeq (in or near the hospital) they raided his family home and kicked out his wife and children.[58][51] Fayeqās brother was captured in a neighbourhood near the hospital.[58]
According to the
IDF, Fayeq Mabhouh refused to surrender to troops and instead continued firing at Israeli security forces until he was killed.[11] The IDF initially claimed to have killed 20 other "terrorists" alongside Fayeq.[52] The IDF claimed that by the evening of Monday 18 March, their troops had killed 20 "Hamas" gunmen inside the hospital premises and another 20 were killed in the surrounding area.[50]
Some sources suggest that the gun battle happened outside the hospital.[58] The exact circumstances of his death are unverifiable.
They sides disagree on the implied or explicit purpose of removing Fayeq from power (and the war as a whole). Israeli-aligned sources frame it as removing a threat to Israel,[50][60][53] but there is no indication that he has had any role in attacks on Israel while working as part of Gaza's civilian administration.[61][58] Palestinian aligned sources described the goal as the destruction of Palestine,[55] by starving the people, and preventing independent Palestinian control of the Gaza Strip.[55] International sources often came closer to the Palestinian framing of the situation or present that version of events as more credible.[62][63]
The Israel Arabic account of the Israeli Ministry of Foreign Affairs on the X platform announced the killing of Al-Mabhouh, describing him as, "the head of the Operations Directorate of the Internal Security Service of the Hamas terrorist organization."[15]
Hamas released an extremely strongly worded statement, in which they claimed the killing of a civilian police officer was a violation of international law.[64] It read, in part, "This terrorist crime, by targeting civilian police protected under international humanitarian law, is further evidence of the Nazi enemyās efforts to spread chaos, undermine societal peace in the Gaza Strip, and perpetuate the state of famine from which our people suffer, in implementation of the plan of a war of extermination and the displacement of our people from their land."[64][65]
Arabic language social media speculated about the motives for the killing and the attack on the hospital, with comments such as, "The trucks passed over the past two days peacefully, without chaos, massacres, stampedes, wounded, or martyrs, but the criminal occupation does not like it."[15] It was rumoured that a large part of the Israeli motive was the failure of the Israeli plan to replace the police in Gaza with the clans (such as the
Doghmush clan) to distribute aid and enforce the law.[15]
^
abThe spelling of his name in English is extremely variable, including "Faiq Al-Mabhouh", "Fayek Mabhouh", and others.
Many
Arabic surnames start with an "Al" (Arabic: Ų§Ł), this is sometimes omitted in English, but sometimes retained.
The most common
Romanisations of his first name are "Fayeq",[66][67] "Fayek",[68][69] and "Faiq",[70][71] but there are numerous other ways, ending in
Q, K, G, or CK, e.g. Faack.[51] The
Hebrew spelling is less variable (
Hebrew: פ××ק).[72]
His full name is
Arabic: ŁŲ§Ų¦Ł Ų¹ŲØŲÆ Ų§ŁŲ±Ų¤ŁŁ Ų§ŁŁ ŲØŲŁŲ,
romanized: Faiq Abdel Raouf Al-Mabhouh.[58][54]
^
abcDyett, Greg (28 December 2023).
"Australian man, his wife and brother killed in air strike". SBS News. Retrieved 26 June 2024. Local media in Lebanon says an Israeli war plane fired a missile at a number of homes in Lebanon's Bint Jbei area. A missile strike killed 27-year-old Ibraham Bazzi, his brother Ali Bazzi and Ibrahim's wife Shorouk Hammond. Ms Hammoud had recently acquired an Australian visa and she and her husband Ibrahim were planning a life in Australia.Afif Bazzi (Mayor of Bint Jbeil): "It was a surprise that the Israelis hit a civilian neighbourhood, people are living normally, they have not fled. We did not flee Bint Jbeil, all residents are still in Bint Jbeil. We hear the bombardment and the shelling but it was still far away, the town was neutral but we were surprised that a civilian neighbourhood was hit, civilians, a groom who came from Australia to take his bride. They were spending time together along with his brother at his brotherās house, really it was a surprise for us." (translation by
SBS World News)
^Al-mughrabi, Nidal (20 March 2024).
"Palestinian clans and factions step in to protect Gaza aid". The Japan Times.
Archived from the original on 2 June 2024. Retrieved 9 June 2024. Quote from a Palestinian official who asked not to be named: "Israel's plan to find some clans to collaborate with its pilot projects of finding an alternative to Hamas didn't succeed but it also showed that Palestinian resistance factions are the only ones who can run the show, in one way or another."