Analysis of War Crimes in the Oct. 7 Attack: Legal Expert Opinions and ICC Response

Legal Expert Opinions

Since the attacks of Oct. 7, every legal expert consulted has unanimously concluded that Hamas’s actions on that day, including killing, torture, and hostage-taking, constituted war crimes. Tom Dannenbaum, a Tufts University professor, stated that there was “no question” Hamas’s attack involved multiple war crimes and emphasized that these were clear violations of international law.

International Criminal Court’s Response

Last month, the prosecutor of the International Criminal Court announced warrants for the arrest of three Hamas leaders on charges of war crimes and crimes against humanity in connection with the Oct. 7 attack on Israel. These warrants also included accusations against two Israeli officials. The accused parties have all denied the allegations made against them.

U.N. Commission Findings

A U.N. commission’s recent report concluded that there was credible evidence pointing to war crimes committed by members of Hamas and other armed Palestinian groups on Oct. 7. These crimes included killing civilians, torture, and hostage-taking. The commission also highlighted evidence of Israeli war crimes, such as the use of starvation of civilians as a weapon of war.

There are misconceptions surrounding Hamas’s obligations under international law. Despite claiming a “religious and moral commitment” to avoid harming civilians, the group’s actions on Oct. 7 have raised serious legal concerns.