The Palestinian Association for
Human Rights (Witness) expresses great astonishment at the Human Rights Watch
report, which claimed that the military wing of 'Hamas' - 'Al-Qassam Brigades',
along with at least four other Palestinian armed factions, committed numerous
war crimes and crimes against humanity against civilians during the attack on
Israeli occupation soldiers and military sites on October 7,2023.
(Witness) expresses concern over the
timing of the report's release especially given the pending cases against the occupation
and its military. These include the International Court of Justice case
regarding genocide and the International Criminal Court case concerning war
crimes and crimes against humanity. Additionally, an advisory opinion is
awaited on the legal implications of Israel’s policies and practices in the
occupied Palestinian territories, including East Jerusalem.
After reviewing the report’s content
and the attached statements, especially the Palestinian resistance's response
and the methodology used, (Witness) found that the report often lacks accuracy
and objectivity. It raises the following fundamental issues:
1.The
report did not address the systematic and organized Israeli crimes that
contribute to the ethnic cleansing of the Palestinian people in the occupied
territories. This includes practices such as Judaization, settlement expansion,
home demolitions, land confiscation, field executions, and arbitrary or
administrative detentions. Additionally, it overlooked war crimes and acts of
genocide, including the mass killings in Gaza during several military
operations (2008, 2012, 2014, 2021, 2022), as well as the ongoing blockade of
Gaza for over 17 years.
2.The
report claims that resistance factions have committed war crimes involving sexual
violence and gender-based violence. However, it does not provide solid evidence
based on reliable testimonies, field observations, or medical reports. Instead,
it relies on misleading reports open to multiple interpretations and the report
of the UN Special Representative on Sexual Violence in Conflict. This report
has been shown through human rights reports and Israeli investigations to have
methodological flaws, lacking accurate data and testimonies, and including
retracted statements from Israeli witnesses.
3.The
report neglects the fact that the Israeli army alone is responsible for the
deaths of a significant number of Israeli civilians. This has been documented
by numerous Israeli and international reports, including Haaretz and the
Associated Press. A notable contradiction in the report is its presentation of
the so-called 'concert incident' as a confirmed fact, aligning with the Israeli
narrative. The details remain unclear, and reports contradict the official
Israeli version, which states that the deaths of those at the event were caused
by Israeli airstrikes and were an accident.
4.The
report claims that a systematic and deliberate targeting of civilians is a key
factor in believing that Palestinian armed factions have committed war crimes.
However, the official stance of the Palestinian national liberation movements,
including the document provided by Hamas and published by the organization, as
well as subsequent statements, affirms that there is no intention to target
Israeli civilians. In this context, (Witness) points out an important issue:
many sites housing settlers, which are geographically closer to Gaza, remain
intact. However, more distant areas have been targeted, yet no civilian sites
housing settlers have been attacked. These claims of disregarding the principle
of distinction require investigation by a professional international commission
that upholds objectivity and the rule of international law. However, this is almost
impossible given Israel's obstruction of any fact-finding missions and its deliberate
policy of misinformation and distortion of the facts regarding the events of
October 7.
5.The
report's methodology reveals its shortcomings and indicates a clear bias
towards the Israeli narrative. It claims to be based on the analysis of
hundreds of images, recorded videos, and testimonies from the Israeli side, but
completely disregards any data or testimonies from the Palestinian side.
6.The
report doesn’t mention the Palestinian prisoners and those forcibly disappeared
by Israeli authorities. Released prisoners have shown evidence of severe
torture and mistreatment. Meanwhile, the report places full responsibility for
the safety of prisoners on the Palestinian liberation movements, despite the
fact that random attacks by the Israeli army have caused the deaths of many
prisoners while in custody.
7.The
report recommends action for countries that have relations with Palestinian national
liberation movements but does not address the countries or entities that
directly supply weapons and equipment to Israel. These supplies are used by
Israel to commit acts of genocide. The contradiction is that even if the
violations by these groups were proven, they would not compare to the scale and
severity of the ongoing genocide against civilians in Gaza.
8.Although
the report repeatedly calls for the unconditional release of hostages, it doesn’t
mention any demands to cease military operations or violations in Gaza, where
hundreds of civilians are killed each day.
(Witness) concludes that the content
and timing of this report aim, perhaps unintentionally, to shift focus away
from the Israeli genocide in Gaza. It also seems to be an attempt to distract
from the International Court of Justice's forthcoming decision on genocide and
its advisory opinion on the legal implications of Israel’s policies and
practices in the occupied Palestinian territories, including East Jerusalem.
(Witness) urges the international
community to pressure Israel into conducting an independent and transparent
investigation into the targeting of civilians, especially given that the death
toll in Gaza has exceeded 40,000, the majority of whom are children and women.
Additionally, (Witness) calls for Human Rights Watch to retract the report, as
it lacks the methodology and professionalism typically upheld by the
organization, thereby undermining the credibility of human rights efforts.