Extrajudicial Executions and Torture in Gaza

Hamas' policies with regards to extrajudicial killings have drawn international criticism from NGOs and governments alike (such as the yearly report by the US state department regarding the status of human rights in the world). Because the factual circumstances of many executions are unclear, and most did not receive fair trials, precise statistics on these incidents are unavailable. Furthermore, NGOs, the main sources of information on this subject, are subject to tight restrictions when operating in Gaza and are therefore limited in their reliability. The cases presented in this article are merely some of the many instances of extrajudicial executions and torture that are suppressed by the Hamas regime.

After 18 months of internal political divisions and sporadic violence following the 2006 parliamentary elections and culminating in the collapse of the unity government, the Hamas-Fatah conflict reached its peak in a bloody eight-day clash, in which hundreds of Fatah supporters were killed or wounded. One of the most noteworthy cases was the gruesome death of Mohammed Salama al-Swairki, 27, a member of Fatah's Presidential Security Forces who was abducted by masked Hamas gunmen and thrown from the 15^th floor of a building on June 10^th 2007.

During the 2008 Operation Cast Lead, there was a significant spike in executions of alleged collaborators. Tens of summary executions of alleged Palestinian collaborators were reported throughout and following the conflict. In a rare admission of these executions, Hamas spokesman Fawzi Barhoum said, "Maybe some of them were killed because they were acting against the population, against the resistance." Simultaneously, Hamas embarked on a campaign to suppress political dissent. Many political opponents were branded as traitors, when in reality they simply identified with Hamas' rivals. In January 2009, Fatah officials reported that Hamas had executed at least 19 of its members and shot more than 60 in the legs. Shooting in the legs, or "kneecapping," is a signature punishment used by Hamas against political opponents.

Hamas continued to suppress dissent in the months following Operation Cast Lead. In one example from January 27, 2009, Hamas Internal Security Force members arrested Osama Atallah and tortured him until he was delivered to the hospital in critical condition, where he died of his wounds. Osama was an open supporter of Fatah, who sources claimed was killed "because of his public and continued criticism of the performance of the Hamas militias in Gaza." On January 24, 2009, Zahar Al-Za'anin died of torture wounds. He was accused of collaboration and did not stand trial, but this accusation was met with massive uproar by many who claimed he was innocent. On July 27, 2009, Munir Bargasoresh A'ah, a Palestinian in his 20's, was found dead with signs of torture on his body. A former high-ranking member of Hamas, he had been accused of collaboration but did not stand trial. Also in July 2009, Hamas executed six accused collaborators, including three brothers, without a trial.

On April 15, 2010, Hamas executed two alleged collaborators, Mohamed Ibrahim Ismail and Nasser Salama Abu Freih.

During the 2012 Gaza conflict, which lasted for only eight days, Hamas executed at least seven alleged collaborators. One was killed on November 16, his body left in public to rot, while the other six were executed on November 20. Some of their bodies were dragged through the streets by motorcycles.

During the 2014 Operation Protective Edge, Hamas embarked on what it called "Operation Strangling Necks" in an attempt to catch and summarily execute alleged collaborators. By August 2, around four weeks into the conflict, Al Sharq Al Awsat reported that 26 alleged collaborators had been executed by Hamas, their bodies dumped in public places in order to deter others. The highest death toll from executions was on August 22, 2014, when Hamas carried out at least 18 summary executions. Seven of the men were executed with bags over their heads in front of Al-Omari mosque after prayers, with hundreds of spectators. The rest of those executed on that day were put to death by firing squad, their bodies dumped near al-Azhar University.

Hamas also worked actively during Operation Protective Edge to suppress political dissent, placing Fatah members under house arrest and shooting and torturing many who did not comply. According to Palestinian Authority President Mahmoud Abbas, Hamas conducted 30-40 executions throughout Operation Protective Edge, although it is unclear whether any of these are included in the list of people executed for alleged collaboration. Abbas further claimed that 120 young people were killed by Hamas when breaking curfew.

In January 2015, Hamas authorities detained Hamas commander Mohammed Eshtewi on charges of "moral and behavioral violations." He was executed in February 2016 after allegedly confessing. However, reports suspect that he had actually been executed for collaboration with Israel, specifically for giving away vital information that led to the attempted targeted assassination of Mohammed Deif in 2014. Before his execution, Eshtewi admitted to being tortured, beaten and suspended from the ceiling.

On April 6, 2017, Hamas executed three suspected collaborators, aged 55, 30 and 43. These executions took place just weeks after the assassination of Hamas operative Mazan Fukha, although the three had been jailed for their crimes previously and with no connection to the incident. The UN human rights office issued a harsh condemnation, noting that the three men were civilians convicted in a military court, in contravention of international law.

On May 25, 2017, Hamas executed three men it claimed were responsible for the assassination of Mazan Fukha. Ashraf Abu Leila, 38, who allegedly carried out the murder, and accomplice Hisham al-Aloul, 42, were hanged. Abdullah al-Nashar, 38, an additional alleged accomplice and former member of Fatah’s Presidential Guard, was executed by firing squad. The executions were done publicly in front of thousands of people and broadcast live. 

On January 19, 2018 Ahmed Barhoum was executed by his family for his alleged collaborating with Israel. The family said in a statement that it had received evidence from Hamas of Barhoum's involvement in the Israeli assassination of three senior Hamas officials. Hamas promptly praised the execution and the family for "its nobleness and deep affiliation with the resistance."

These cases are representative of Hamas' modus operandi when it comes to dealing with alleged collaborators or political rivals. Rather than operate within the bounds of the law and conduct fair trials, Hamas often chooses to use torture and extrajudicial executions. Given the severe restrictions on freedom of speech, and the inability of human rights organizations to operate freely in the Gaza Strip, the true scope of these violations remains uncertain.