Crime of stalking. In connection with the destruction of a population for the purpose of occupying a territory, it is a crime of persecution. The definition is similar to the crime of genocide, but since there is no reason for the group’s extermination, the ICC classifies it as a crime against humanity.
War crimes on both sides. Hamas and Israel are committing war crimes by carrying out indiscriminate attacks on civilians. This behavior is classified as a war crime by the Geneva Convention and is also covered by international criminal law.
War crimes committed by Hamas. At least in theory, the taking of hostages and the use of civilians as human shields are war crimes committed by Hamas during the conflict.
Israel also commits war crimes. In addition to attacks against civilians, the Israeli army and government also consider the forced displacement of population groups and (if confirmed) Israel’s role in attacks on a school and a hospital as further war crimes. Hospitals and educational institutions are also considered protective assets during armed conflicts.
Palestine could be held responsible for Hamas’ actions. Many of the war crimes listed in the Rome Statute are crimes committed in armed conflicts of an international nature.
Hamas is not considered a state, which could mean that its actions do not constitute specific crimes. However, Palestine as a whole has already been recognized as a state by the International Criminal Court and since Hamas acts on behalf of the Palestinian people, the group’s conduct can be classified as a war crime in an international armed conflict, even though Hamas does not properly represent the Government of Palestine.