Yossi Schwartz ISL (RCIT section in Israel/Occupied Palestine), 17.07.2024
HRW said in his new document that dozens of serious human rights violations occurred on October 7, including “murder, hostage-taking, and other grave offenses”.
On the method of the HRW: According to the report by the HRW:
“Human Rights Watch conducted research in October and November 2023 in Israel, and remote research through June 2024. The research included interviews in person and remotely with 144 people including: 94 survivors of the October 7 attacks; family members of survivors, hostages and those killed; first responders who collected human remains from the attack sites; medical experts who examined the human remains and provided forensic advice to the Israeli authorities; officials from the municipalities affected by the attacks; journalists who visited the attack sites after Israeli forces secured the areas; analysts of Palestinian political and armed groups; and international investigators. Human Rights Watch verified over 280 photographs and videos posted on social media platforms or shared directly with Human Rights Watch, including those recorded by fighters’ body cameras, cellphone cameras, dashboard cameras, and closed-circuit television (CCTV) cameras from the attack sites. Human Rights Watch also examined satellite images and analyzed dozens of audio recordings, most shared on armed groups’ Telegram channels.”
Thus, it is clear that this report is based on the narrative of the Zionists without interviewing any Palestinians.
Furthermore, the HRW report is based on Article 3 of the Geneva Conventions of 1949 and customary international humanitarian law. These rules concern the methods and means of combat and fundamental protections for civilians and for combatants no longer participating in hostilities and apply to both states and non-state armed groups.
Article 3 is applicable in case of armed conflict not of international character occurring in the territory of one of the contracting parties to the 1949 Conventions. It also applies to a situation where the conflict is within the State, between the Government and the rebel forces, or between the rebel forces themselves. Article 3 offers an international minimum protection to persons taking no active part in hostilities, including members of armed forces in certain situations specifically stated in the article [like whdn being injured].
Under International Humanitarian Law, Israel is considered the “Occupying Power” in the Occupied Territories of the West Bank and Gaza, which were captured during the 1967 war. Its conduct as an occupying power is governed by two major international instruments that relate to the treatment of civilians during war and in occupied territories: the 1907 Hague Regulations annexed to the Convention (IV) Respecting the Laws and Customs of War on Land, and the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Israel ratified the Geneva Conventions on July 6, 1951. Israel has not signed or ratified the 1907 Hague Regulations. Still, the Israeli High Court has found that the 1907 Hague Regulations are part of customary international law and thus binding on all states, including those not party to the treaty. However, the Israeli government has declared many times that Israel is not obliged to respect the 1949 convention.
Thus, based on Israel’s position regarding the 1949 Geneva Convention, the fact that Hamas is not a rebel force but a national liberation movement, and the fact it has not ratified the Geneva Conventions, the 1949 Geneva Convention does not apply to Hamas. But even if it would apply and Hamas captured and killed Zionist civilians, they cannot be assumed to be people who are not involved in the oppression of the Palestinians as they are settler colonialists living on the stolen lands of the refugees in Gaza.
Thus, the new report of the HRW is biased in favor of the Zionists. As Hamas has said: The Human Rights Watch report adopted the entire Israeli narrative and moved away from the method of scientific research and the neutral legal position, and became more like an Israeli propaganda document,” Hamas said in a statement”.
For Palestine, red and free from the river to the sea!