Capital punishment in the Gaza Strip
Type of punishment in the Gaza strip
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Capital punishment in the Gaza Strip has been enforced by multiple governments, militaries, and irregular militias throughout the area's history. A large proportion of the killings have been associated with broader violent conflicts.
The death penalty has been applied to offenses such as murder, treason, and terrorism. The death sentences for treason have been carried out by the Al-Qassam Brigades, for giving information to Israel or Egypt, but theoretically the penalty can apply to other offences (see: Palestinian land laws).
A small number of people in the Gaza Strip have been sentenced to death for murder convictions in civilian courts, but many death sentences have been implemented by military courts with limited accountability, or have been extrajudicial executions.
There are multiple cases of alleged extrajudicial executions - for example Mahmoud Ishtiwi[a] and Fayeq Mabhouh[b] - in which the reason for the killing, the circumstances of the death, and whether it constitutes an extrajudicial execution are controversial and disputed.
History
The Palestinian National Authority in Gaza
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 actually executed.[1]
Executions by Gaza's government and military (2007-2023)
From the Battle of Gaza (2007) until the Israeli invasion of the Gaza Strip (2023–present), Hamas had control of the interior of the Gaza Strip on the ground, but did not control the airspace, maritime borders, or land borders, except for the Palestinian side of the land crossings. [2] Two parallel Palestinian judicial systems carried 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 the Gaza Strip authorities act more autonomously. 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.[3]
23 executed in 2014
During the 2014 Gaza War, Hamas executed 23 Palestinians in the Gaza Strip.[4] According to an Amnesty International report,[5][6] 23 Palestinians were executed by Hamas in the course of the 2014 conflict, and 16 of them imprisoned from before the war began.[citation needed] From among the executed, 6 were killed by a firing squad outside a mosque in front of hundreds of spectators including children.[citation needed] Amnesty International states that Hamas used the cover of war to settle scores against opponents under the pretext they were collaborators with Israel.[7]
9 sentenced to death in 2015 and 4 in January 2016
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.[8]
Mahmoud Eshtewi killed in February 2016
In February 2016, Al Qassam executed of Mahmoud Eshtewi,[a] (Arabic: محمود رشدي اشتيوي, romanized: Maħmoud Rushdi Eshtewi)[10] one of the group’s leading commanders, for very ambiguous reasons.[11] Some media interpreted the charges as a reference to a homosexual relationship.[12][8] Eshtewi was survived by two widows and his three children.[citation needed]
3 convicts executed in May 2016
In May 2016, Hamas reportedly executed three men by firing squad and hanging.[13] 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.[13] 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.[14]
3 alleged collaborators executed in April 2017
In April 2017, it was reported that three Palestinians were executed by Hamas in Gaza Strip over alleged collaboration with Israel.[15] Reportedly, the men were hanged at a Hamas police compound, as dozens of Hamas leaders and officials watched the killing.[citation needed]
13 sentenced between January and August 2022
According to B'Tselem, Hamas courts handed down 13 death sentences in January-August 2022, but had not carried out any since 2017.[3]
5 executed in September 2022
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.[3] The other three men had been convicted for murder.
Incomplete table of death sentences and executions in the Gaza Strip (2005-2024)
| Name(s) | Charge | Date | Location | Method |
|---|---|---|---|---|
| Ayman Taha [citation needed] | Treason | 4 August 2014 | Unknown | Shot |
| Atta Najjar[16] | Treason | 22 August 2014 | Katiba prison | Unknown |
| Mahmoud Eshtewi (also spelled "Ishtiwi") Arabic: محمود اشتيوي | Undefined | February 2016 | Gaza Strip | Firing squad (alleged by Al Qassam)[17] Prior death in custody (alleged by others) |
| 3 unnamed people | Murder (3) | September 2022 | Gaza Strip | Hanging [citation needed] |
| Khan Younis resident | Treason [A] | |||
| Unnamed 44 year old male[B] | Treason [C] | |||
| Shadi Abu Qouta (Arabic: شادي أبو قوطة) | Undefined | July 2023 | Khan Yunis municipality | a bulldozer and the demolished wall of his house[18] |
See Also
- Human rights in the State of Palestine
- Criticism of Hamas
- Hamas war crimes
- War crimes during the Israel–Hamas war
- Religion and capital punishment
- LGBT rights in the Gaza Strip
Notes
- ^ a b Sometimes spelled "Mahmoud Ishtiwi".[9]
- ^ a b The spelling of his name in English is extremely variable, including "Faiq Al-Mabhouh", "Fayek Mabhouh", and others. Many Arabic surnames start with an "Al" (Arabic: ال), this is usually omitted in English, but sometimes retained. The most common Romanisations of his first name are "Fayeq",[19][20] "Fayek",[21][22] and "Faiq",[23][24] but there are numerous other ways, ending in Q, K, G, or CK, e.g. Faack.[25] The Hebrew spelling is less variable (Hebrew: פאיק).[26]
References
- ^ "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.
- ^ "What is Gaza Strip, the besieged Palestinian enclave under Israeli assault?". Al Jazeera. Retrieved 21 May 2024.
- ^ a b c d e Times of Israel Archived 2022-09-04 at the Wayback Machine, 4 September 2022
- ^ Beaumont, Peter (27 May 2015). "Hamas executed 23 Palestinians under cover of Gaza conflict, says Amnesty". The Guardian. Retrieved 6 April 2016.
- ^ "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. Retrieved 6 April 2016.
- ^ "Gaza: Palestinians tortured, summarily killed by Hamas forces during 2014 conflict". Amnesty International. 27 May 2015. Retrieved 29 May 2024.
- ^ a b 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.
- ^ https://www.alqassam.ps/arabic/statements/details/5276
- ^ "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.
- ^ "'Strangling Necks': Abductions, torture and summary killings of Palestinians by Hamas forces during the 2014 Gaza/Israel conflict - occupied Palestinian territory". ReliefWeb. 27 May 2015. Retrieved 25 May 2024.
- ^ "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.
- ^ McEnroe, Juno (24 February 2010). "State should expel Israeli ambassador, says brother". Irish Examiner. Retrieved 30 April 2024. Cite error: The named reference "ie 2010" was defined multiple times with different content (see the help page).
- ^ "Top Palestinian police officer killed by Israel at northern Gaza hospital". Anadolu Agency. 19 March 2024. Retrieved 30 April 2024. Cite error: The named reference "AA" was defined multiple times with different content (see the help page).
- ^ "Senior Hamas commander killed in Israeli airstrike last week, White House says". 18 March 2024.
- ^ Gabbatt, Adam (16 February 2010). "Members of hit squad suspected of killing Hamas man 'had UK passports'". The Guardian.
- ^ "Hamas condemns top Palestinian police officer's assassination". The Palestinian Information Center. 18 March 2024. Retrieved 19 May 2024.
- ^ https://www.timesofisrael.com/liveblog_entry/top-hamas-man-killed-in-shifa-hospital-is-brother-of-terror-group-leader-assassinated-in-dubai/
- ^ "Troops engaged in shootout with Hamas logistics chief before killing him, new details show". 19 March 2024.
- ^ "N12 - פאיק מבחוח: "המוסד חיסל את אחי"". 19 February 2010.
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