These have included murder, intentional targeting of civilians, killing prisoners of war and surrendered combatants, indiscriminate attacks, the use of human shields, rape,[2] torture and pillage.[8] Regarding Hamas and its combatants, even if they have a presumptive right to fight against what they term as an "illegal occupation," they must still abide by legal rules of "discrimination", "proportionality", and "military necessity" under international law as conventional states do.Hamas has denied using hospitals to shield any command centre,[17] while it has previously made remarks expressing support for Palestinians refusing to flee areas Israel has targeted.[30] The IDF stated on 31 July that more than 280 Hamas rockets[31] malfunctioned and fell inside the Gaza strip, hitting sites including Al-Shifa Hospital and the Al-Shati refugee camp, killing at least 11 and wounding dozens.[citation needed] On 26 May 2015, Amnesty International released a report saying that Hamas carried out extrajudicial killings, abductions and arrests of Palestinians and used the Al-Shifa Hospital to detain, interrogate and torture suspects.[45] United Nations Human Rights chief Volker Türk noted that militant groups' "horrifying mass killings" were violations of international law.[64] During the 7 October attack, Hamas fighters infiltrated Israeli kibbutz and festivals, where witnesses said they tortured, raped and sexually assaulted many women and girls of all ages, and some men.[73][74] A United Nations report in March 2024 concluded that there was "clear and convincing information" that the Israeli hostages experienced "sexual violence, including rape" and there were "reasonable grounds" to believe such abuse is "ongoing against those still held in captivity"."[77] Consequently, in April 2024, the UN refused to acknowledge the rape allegations against Hamas and did not include the group in the blacklist of state and non-state parties guilty of sexual violence in 2023 due to the lack of credible evidence.[78][79][80] The independent UN Commission of Inquiry (CoI) subsequently published a legal and in-depth investigative report in June 2024 which concluded from “documented evidence” that "[w]hile the Commission was not able to reach a definitive conclusion with regards to rape" there was a pattern indicative of sexual violence by Palestinian forces during the attack, that these incidents were not isolated, and that Hamas and other militant groups were responsible for gender-based violence "by willful killings, abductions, and physical, mental and sexual abuse.".
Hamas gunman shooting at a civilian vehicle in Israel
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Zaka
volunteers assisting in the removal of bodies
Israeli protestor holding sign alluding to alleged sexual assault of hostages in front of US Embassy in Tel Aviv in March 2024