Fact Check: Both Israel and Hamas have committed war crimes in the recent war

Claim Analysis: "Both Israel and Hamas have committed war crimes in the recent war"

1. Introduction

The claim that "both Israel and Hamas have committed war crimes in the recent war" has emerged in the context of the ongoing conflict that escalated on October 7, 2023. This assertion has been echoed by various international bodies and human rights organizations, which allege violations of international humanitarian law by both parties involved. However, the complexity of the situation necessitates a careful examination of the evidence and the credibility of the sources making these claims.

2. What We Know

Several reports and investigations have been conducted regarding the actions of both Israel and Hamas during the recent conflict:

• UN Human Rights Council Findings: The UN Human Rights Council has stated that there is "clear evidence" of war crimes committed by both Hamas and Israel, particularly regarding the targeting of civilian populations 2.

• BBC Report: A report by the BBC outlines accusations against both parties, highlighting that Hamas targeted civilians, while Israel has been accused of crimes against humanity 3.

• Human Rights Watch (HRW): According to HRW, Hamas and other Palestinian armed groups committed numerous war crimes, including attacks on civilians and hostage-taking 4. Conversely, HRW has also documented Israeli actions that they describe as unlawful and constituting war crimes 8.

• Amnesty International: Amnesty has reported extensive evidence of war crimes by Israeli forces, including attacks that have resulted in significant civilian casualties 8. They have also noted the humanitarian crisis in Gaza as a result of these actions.

• UN Commission of Inquiry: A UN Commission found evidence of war crimes and crimes against humanity committed by both sides, including the treatment of detainees and hostages 9.

3. Analysis

The evidence surrounding the claim of war crimes by both Israel and Hamas is drawn from a variety of sources, each with its own level of credibility and potential biases:

• United Nations Reports: The UN is generally regarded as a credible source, though its findings can be influenced by the political dynamics of member states. The UN's findings often rely on extensive investigations and testimonies, but they can also be subject to interpretation and selective reporting based on the political context 29.

• Human Rights Organizations: Organizations like HRW and Amnesty International have a strong track record in documenting human rights abuses. However, they may also face criticism for perceived biases, particularly in politically charged conflicts like this one. Their reports are often based on field investigations, but they can be challenged by the parties involved, as seen in Israel's rebuttals of their findings 48.

• Media Reports: Outlets like the BBC and CBS provide summaries of the situation and often cite various sources. While they strive for accuracy, their reporting can be influenced by editorial policies and the need to present balanced viewpoints, which may lead to oversimplification of complex issues 35.

• Potential Conflicts of Interest: Some sources may have inherent biases based on their funding, political affiliations, or the geopolitical interests of their home countries. For instance, reports from organizations based in regions with vested interests in the conflict may reflect those biases.

Methodological Concerns

The methodology used in these investigations can vary significantly. Some reports rely heavily on eyewitness accounts, which can be subjective and influenced by trauma or political beliefs. Others may utilize satellite imagery and forensic evidence, which can provide more objective data but may still be open to interpretation. The lack of access to certain areas due to ongoing conflict can also limit the comprehensiveness of these reports.

4. Conclusion

Verdict: True

The claim that both Israel and Hamas have committed war crimes in the recent conflict is supported by multiple credible sources, including reports from the UN, Human Rights Watch, and Amnesty International. These organizations have documented evidence of violations of international humanitarian law by both parties, particularly concerning the targeting of civilians and unlawful military actions.

However, it is essential to recognize the complexity of the situation. The findings from these organizations, while credible, can be influenced by various factors, including political biases and the methodologies employed in their investigations. Furthermore, the ongoing nature of the conflict means that new evidence may emerge, and interpretations of existing evidence can evolve.

Readers should also be aware of the limitations in the available evidence. The chaotic environment of war can hinder comprehensive investigations, and reports may be subject to differing interpretations based on political perspectives.

In light of these considerations, it is crucial for readers to critically evaluate information and remain aware of the nuances involved in such complex issues.

5. Sources

1. Israel and Hamas Conflict In Brief: Overview, U.S. Policy - Congress.gov
2. War crimes in the Gaza war - Wikipedia
3. Israel, Hamas accused of war crimes in new UN report - BBC
4. October 7 Crimes Against Humanity, War - Human Rights Watch
5. Israel and Hamas at war: A timeline of major developments in - CBS News
6. Unpacking the UN findings of war crimes by Hamas and - Atlantic Council
7. Israel accused of genocidal acts and sexual violence in Gaza - NBC News
8. Damning evidence of war crimes as Israeli attacks wipe out - Amnesty International
9. UN Commission finds war crimes and crimes against - OHCHR
10. Israel's Crimes Against Humanity in Gaza - Human Rights Watch