Capital punishment in the Gaza Strip
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Capital punishment in the Gaza Strip has been practiced by the Hamas Administration since they were overthrown in the West Bank in 2007, after winning the 2006 Palestinian legislative election. The penalty applies to offenses such as murder and other crimes against Islamic law,[citation needed] as well as land sales to Israelis,[citation needed] espionage, and other forms of treason.
Two parallel Palestinian judicial systems carry out executions in the Gaza Strip. The judiciary of the Hamas-led civilian government and the military courts of the Ezzedeen al Qassam Brigades. The West Bank and Gaza Strip governments collaborate closely on issues such as health, but on other issues (particularly criminal justice) the Gaza Strip authorities act more autonomously.
Theoretically Palestinian law requires approval from the Palestinian National Authority president (currently Mahmoud Abbas) for the death penalty, but the Hamas government in the Gaza Strip have disregarded this rule on multiple occasions.[1]
In addition to killings by the local authorities, the Israeli military (IDF) have conducted targeted killings and allegedly field executions within the Gaza Strip.
Executions by Gaza's government and military (1995-2023)[edit]
 Gaza Strip |
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 Hamas government |
The Palestinian National Authority in Gaza[edit]
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The State Security Court in Gaza (Arabic: محكمة أمن الدولة في غزة), which was formed in 1995, issued several death sentences against eight people, as follows: 3 in 1995, 3 in 1997, and 2 in 1999, all of which were in murder cases. Not all of them were implemented.[2]
23 executed in 2014[edit]
According to an Amnesty International report,[3][4] 23 Palestinians were executed in the Gaza Strip by Hamas during the 2014 conflict with Israel.[5] Amnesty claimed that Hamas used the cover of 2014 Gaza war to carry out summary executions, including to “settle scores” against opponents under the pretext they were “collaborators with Israel”.[5]
According to Amnesty, 23 Palestinians were executed by Hamas in the course of the 2014 conflict - 16 of them imprisoned from before the conflict. From among the executed, 6 were killed by a firing squad outside a mosque in front of hundreds of spectators including children.[citation needed]
January 2015 to January 2016[edit]
The Palestinian Center for Human Rights reported in December 2015 that Hamas issued nine death sentences in 2015. Hamas had sentenced four Gazans to death during the first weeks of 2016, all on suspicion of spying.[6]
Mahmoud Eshtewi - February 2016[edit]
In February 2016, Al Qassam executed of Mahmoud Eshtewi[a] one of the group’s leading commanders, for very ambiguous reasons.[8] Some media interpreted the charges as a reference to gay sex.[9][6] Eshtewi was survived by two widows and his three children.[citation needed]
May 2016[edit]
In May 2016, Hamas reportedly executed three men by firing squad and hanging.[10] The execution was performed in the al-Katiba prison. The executed men were convicted for murder. Reportedly, the execution defied protests from the United Nations and "will likely" deepen tensions with the Palestinian government in the West Bank.[10] Hamas defied an agreement with Fatah, the ruling party in the West Bank, by carrying out the executions without the approval of Palestinian President Mahmoud Abbas. Hamas later announced that 13 additional prisoners are to be executed.[11]
April 2017[edit]
In April 2017, it was reported that three Palestinians were executed by Hamas in Gaza Strip over alleged collaboration with Israel.[12] Reportedly, the men were hanged at a Hamas police compound, as dozens of Hamas leaders and officials watched the killing.[citation needed]
13 sentenced January-August 2022[edit]
According to B'Tselem, Hamas courts handed down 13 death sentences in January-August 2022, but had not carried out any since 2017.[1]
5 executed in September 2022[edit]
On 4 September 2022, Hamas announced they had executed five men, including two men condemned over collaboration with the occupation (Israel), and three others in criminal cases.[citation needed] A a resident of Khan Younis born 1968 was convicted of supplying Israel in 1991 with “information on men of the resistance, their residence… and the location of rocket launchpads”; a second man, born 1978, was for supplying Israel in 2001 with intelligence “that led to the targeting and martyrdom of citizens” by Israeli forces, according to Hamas.[1] The other three men had been convicted for murder.
Death sentences and executions in the Gaza Strip (2005-2023)[edit]
| person(s) | death sentence | execution | |||||
|---|---|---|---|---|---|---|---|
| men | women | name(s) | charges | authority | date | location | method |
| ? | ? | Ayman Taha | Treason | 4 August 2014 | Unknown | Shot | |
| ? | ? | Atta Najjar | Treason | 22 August 2014 | Katiba prison | Unknown | |
| 1 | Mahmoud Eshtewi[a] (Arabic: محمود اشتيوي)[13] |
undefined[8][b] | Al Qassam | February 2016 | Gaza Strip | Firing squad (alleged by Al Qassam)[14] Prior death in custody (alleged by others) | |
| born 1968 | A resident of Khan Younis | Treason [c] | September 2022 | Gaza Strip | Hanging?[citation needed] | ||
| 1 man born 1978 |
Treason [d] | September 2022 | Gaza Strip | Hanging?[citation needed] | |||
| 3 unnamed people | murder (3) | September 2022 | Gaza Strip | Hanging[citation needed] | |||
| 1 | Shadi Abu Qouta (Arabic: شادي أبو قوطة) | none (fatal police violence incident) |
July 2023 | Khan Yunis municipality | a bulldozer and the demolished wall of his house[15] | ||
| 37,000[16] | suspect members of Hamas and Palestinian Islamic Jihad | not publicly defined | IDF | 7 October 2023 onwards | Family homes in the Gaza Strip[16] | airstrikes and artillery | |
- ^ a b Sometimes spelled "Mahmoud Ishtiwi".[7]
- ^ The stated reason was for “his moral and behavioral violations” some Western tabloids speculated that the vague charges might refer to gay sex,[6] but most sources describe the charges as undefined or unnamed.[14][8]
- ^ convicted of supplying Israel in 1991 with “information on men of the resistance, their residence… and the location of rocket launchpads”.[1]
- ^ supplying Israel in 2001 with intelligence “that led to the targeting and martyrdom of citizens” by Israeli forces, according to Hamas.[1]
Executions by the Israeli Air Force before October 2023[edit]
Successful and unsuccessful targeted killings by the Israeli Air Force occurred in the Gaza Strip before and during the period of Hamas government control on the ground.
Ahmed Yassin (2004)[edit]
Baby Ali Deif (2014)[edit]
Ali Deif (Arabic: علي الضيف) was the 7 month old baby son of Mohammed Deif. An airstrike on his family residence in 2014, which was one of many failed attempts to assassinate Mohammed Deif, instead killed only baby Ali, his 27 year old mother Widad,[17]
Several thousand people attended the funeral in Gaza, angrily demanding revenge against Israel and firing shots into the air. The bodies of Widad and Ali were taken from the wife’s family home to a mosque in Jabaliya refugee camp for prayers, then laid to rest in the sand of a cemetery.[17]
The Gospel[edit]
The IDF started using AI-assisted targeting in the Gaza Strip before the 2023 war. The Israeli Air Force ran out of targets to strike[18] in the 2014 war and 2021 crisis.[19] In an interview on France 24, investigative journalist Yuval Abraham of the left-wing +972 Magazine stated that to maintain military pressure, and due to political pressure to continue the war, the military would bomb the same places twice.[20]
Israel-Hamas war[edit]
"Where's Daddy?"[edit]
Family homes in the Gaza Strip were hit by airstrikes in the early hours of 8 October 2023,[21] Systematic targeting of family homes in the Gaza Strip was later confirmed by multiple IDF whistle blowers interviewed by +972 magazine. The system was called "Where's daddy" because they would wait till a man was home and bomb the residence when he was there.[16]
See also[edit]
- Human rights in the Gaza Strip
- Human rights in the State of Palestine
- Criticism of Hamas
- Hamas war crimes
- War crimes during the Israel–Hamas war
- LGBT rights in the Gaza Strip
- Religion and capital punishment
References[edit]
- ^ a b c d e Times of Israel Archived 2022-09-04 at the Wayback Machine, 4 September 2022
- ^ "عقوبة الإعدام في مناطق السلطة الوطنية الفلسطينية بين التشريعات السارية والمعايير الدولية The death penalty in the areas of the Palestinian National Authority between applicable legislation and international standards". مركز المعلومات الوطني الفلسطيني Palestinian National Information Center. Archived from the original on 28 March 2020. Retrieved 28 March 2020.
- ^ "Hamas tortured and killed Palestinian 'collaborators' during Gaza conflict - new report". Amnesty International. Retrieved 6 April 2016.
- ^ "'Strangling Necks': Abduction, torture and summary killings of Palestinians by Hamas forces during the 2014 Gaza/Israel conflict" (PDF). Amnesty International. May 2015. Retrieved 2016-04-06
- ^ a b Beaumont, Peter (27 May 2015). "Hamas executed 23 Palestinians under cover of Gaza conflict, says Amnesty". The Guardian. Retrieved 6 April 2016.
- ^ a b c Moore, Jack (2 March 2016). "Hamas executed a prominent commander after accusations of gay sex". Newsweek. Retrieved 6 April 2016.
- ^ Pfeffer, Anshel (13 May 2024). "Hamas leader's torture tactics revealed in IDF tunnel raid". The Times. Retrieved 13 May 2024.
- ^ a b c "Hamas kills a local commander for unnamed 'violations'". AP News. AP. 7 February 2016. Retrieved 5 April 2024.
- ^ Hadid, Diaa; Waheidi, Majd Al (1 March 2016). "Hamas Commander, Accused of Theft and Gay Sex, Is Killed by His Own". The New York Times. Archived from the original on 1 November 2023. Retrieved 1 November 2023.
- ^ a b Sanchez, Raf (31 May 2016). "Hamas begins executions in Gaza". The Daily Telegraph. Retrieved 6 April 2016.
- ^ Dearden, Lizzie (2 June 2016). "Hamas resumes executions in Gaza". The Independent. Retrieved 6 April 2016.
- ^ "Hamas executes 3 Palestinians over Israel ties". Associated Press via USA Today. 6 April 2017. Retrieved 6 April 2016.
- ^ "تعذيب وموت محتجز لدى حماس في غزة". Human Rights Watch (in Arabic). 16 February 2016. Retrieved 13 May 2024.
- ^ a b "פלסטין: עציר עונה ומת בידי חמאס - Human Rights Watch" (in Hebrew). 15 February 2016. Retrieved 15 April 2024.
- ^ "عائلة أبو قوطة تصدر بياناً حول واقعة مقتل ابنها وتكشف تفاصيل الحدث". دنيا الوطن (in Arabic). 27 July 2023. Retrieved 12 May 2024.
- ^ a b c Iraqi, Amjad (3 April 2024). "'Lavender': The AI machine directing Israel's bombing spree in Gaza". +972 Magazine. Retrieved 14 May 2024.
- ^ a b "Gaza: Thousand mourn death of Hamas chief's wife, baby son". Firstpost. 20 August 2014. Retrieved 14 May 2024.
- ^ Davies, Harry; McKernan, Bethan; Sabbagh, Dan (December 2023). "'The Gospel': how Israel uses AI to select bombing targets in Gaza". The Guardian. Archived from the original on 2 December 2023. Retrieved 1 April 2024.
The target division was created to address a chronic problem for the IDF: in earlier operations in Gaza, the air force repeatedly ran out of targets to strike. Since senior Hamas officials disappeared into tunnels at the start of any new offensive, sources said, systems such as the Gospel allowed the IDF to locate and attack a much larger pool of more junior operatives.
One official, who worked on targeting decisions in previous Gaza operations, said the IDF had not previously targeted the homes of junior Hamas members for bombings. They said they believed that had changed for the present conflict, with the houses of suspected Hamas operatives now targeted regardless of rank. - ^ Lee, Gavin (12 December 2023). "Understanding how Israel uses 'Gospel' AI system in Gaza bombings". France24. Archived from the original on 20 February 2024. Retrieved 1 April 2024.
Yuval Abraham: "Now, sources that I've spoken to that have operated the Gospel and have served in that center [...] they said the use of artificial intelligence is being incr- increasing trend in the military because in the past, the military ran out of targets in 2014 and 2021.
- ^ Lee, Gavin (12 December 2023). "Understanding how Israel uses 'Gospel' AI system in Gaza bombings". France24. Archived from the original on 20 February 2024. Retrieved 1 April 2024.
Yuval Abraham: I mean one source recalled how, for example, in 2021 and 2014, y'know, they ran out of targets. They had nothing left to bomb. There was nothing but quality to bomb. But there was political pressure to continue the war. There was a need to continue the pressure in Gaza. So one source recalled how in 2014, they would bomb the same places twice. When you have artificial intelligence, when you have automation, when you can create so many targets, often spending, y'know, less than a minute on a target that, at the end of the day, is killing families, y'know? So, so, so that allows you to continue wars, often even for political purposes, it could be, for much longer than you could in the past.
- ^ "They live in a tent on the ruins of their destroyed home. Al Jazeera Live meets the remaining members of the Abu Qouta family in Rafah". Al Jazeera Mubasher. Al Jazeera. Retrieved 13 May 2024.
