Seeing that, in order to discredit the figures and achieve moral superiority while attempting to deflect attention away from the military assault on Rafa, Israel supporters in NZ have seized on reports that casualty numbers in Gaza may be inflated by Hamas (even if corroborated by international agencies), I thought I would recap the truth behind this spin game.

On October 7 Hamas fighters attacked Southern Israel from the Gaza Strip. They were initially said to have killed more than 1500 people (mostly civilians), but after scrutiny that figure was reduced to below 1200 (including military personnel). At least some of the deaths attributed to Hamas were later found to be the result of friendly fire from responding Israeli (IDF) forces. Israeli sources claimed that babies were cooked in microwaves, women were sexually tortured and mutilated and that mass rapes were carried out, but that has not been independently substantiated. Scores of hostages (closest reliable count is 250) were supposedly taken back into Gaza, presumably to serve as human leverage in subsequent negotiations with Israel. A few have been released but many of those have died, not just at Hamas’s hands but as a result of IDF assaults on the places that they were being held captive.

Here are some facts. The killing of IDF soldiers by Hamas is not a crime, as it can be classified as the product of clashes between an armed resistance to an illegal occupying force on Palestinian land (one look at the 1947, 1967, 1973 and recent maps of Palestine/Israel demonstrates the steady annexation of Palestinian land regardless of the formal agreements in place). In other. words, as ugly as that sounds, in a fight with an armed opponent IDF soldiers were fair game.

What is a war crime is if Hamas tortured, raped or murdered soldiers after they surrendered. But in order to prosecute the Hamas individuals or units involved would require international recognition of Hamas as a legitimate fighting force acting on behalf of a recognised State or political community. Although Hamas has a political wing that is related to but separate from the armed wing and has been the de facto government of Gaza since its victory in the 2006 Palestinian elections, leading to the 2007 Hamas-Fatah war that resulted in Hamas gaining control of Gaza while Fatah and other Palestinian Authority factions retreated to the West Bank, the International community (read: the West) does not recognise it as a State or government and instead has designated it a terrorist entity because of the irregular warfare operations, including terrorist attacks, conducted by its armed wing. That may be convenient for Israel and its Western supporters, but it makes it more difficult to hold Hamas accountable for the actions of its members, armed and unarmed (because not all Palestinians, or Hamas supporters for that matter, are fighters). So, in spite of the obvious fact that Hamas was a governing entity in Gaza at the time the war started, charging Hamas fighters with war crimes is difficult because they are not seen as representative of any duly constituted political organisation. They are just terrorists, and if one is to believe the Israel apologists, so are the people they are ostensibly fighting for.

Here I must pause for a brief aside about non-recognition. There is irony in non-recognition of Hamas as a legitimate representative of at least some Palestine people. Hamas exists as a political movement with an ideology (nationalist-religious in this case), as well as a physical presence that extends beyond its armed wing. It will not go away just because it is not recognised abroad, is not liked by many, or if its armed cadres are decimated. And it holds equal if not more legitimacy than the Palestinian Authority of which Fatah is part, which is a corrupt gerontocracy that serves as a laptop of the Israelis in the West Bank. Moreover, Israel itself is not like in many quarters and is not recognised by a number of Muslim-majority States, but it certainly exists and is not going anywhere no matter what other’s may wish or think. In addition, the State of Israel was created in part due to the “terrorist” operations of the likes of the Irgun (which was designated as a terrorist organization by the British), so not recognising Hamas because of its irregular warfare activities in the contemporary era is a hypocritical specious reasoning.

The bottom line is this. Non-recognition may be an attempt at de-legitimation and ostracism, but it is more akin to closing ones eyes and putting fingers in one’s ears while shouting “you are not there” to someone you dislike. The reality says otherwise, and in the international arena non-recognition only serves to absolve political actors from assuming full legal responsibility for their actions. Not recognising Hamas as having a legitimate claim when it comes to representing Palestinians is therefore an own-goal (remember, Hamas won the largest plurality in the parliamentary elections of 2006 and would have been required to form a coalition government before Israel, the US and other Western states backed Fatah’s rejection of the results and subsequent armed assault on Hamas in Gaza. This only played into the hands of the hardline Hamas cadres and strengthened their resolve to prevail in the fight against Fatah, which they did. That set up the subsequent chain of events that has led to the current disaster).

In any event, killing, raping and abducting civilians are crimes against humanity even if the actions of the Hamas fighters are not technically classified as war crimes when it comes to their treatment of IDF soldiers. Remember that it is not the method or instrument of violence that defines a war crime or a crime against humanity. Nor is it the number of victims. Instead, it is who commits atrocities (war crimes are committed by military forces) and who is targeted. Regardless of who the material authors may be, for there to be war crimes or crimes against humanity, the victims must be defenceless. In the case of Israelis attacked by Hamas on October 7, most but not all of them were, so the scale of the atrocities was significant and cannot be downplayed.

In response, Israel unleashed a scorched earth collective punishment approach to the residents of Gaza, and has meted out come collateral punishment to Palestinians in the West Bank as well. Some see the IDF military campaign in Gaza as genocidal in intent–and it may well be–but at a minimum it is ethnic cleansing in effect: entire swathes of Gaza have been cleansed of their inhabitants. The NZ apologists for the IDF approach want to make it seem that 15,000 or 20,000 Palestinian dead is significantly different than 30,000 or 40,000 dead claimed by Hamas (never mind the wounded and maimed or those now enduring mass starvation due to Israeli (including Jewish settlers!)) interference with aid convoys. But at the same time they use the malleable 1200+/- Israeli body count to argue that the IDF response is proportionate to the October 7 attacks. They also clamour for the release of the Israeli hostages but are silent about the thousands of Palestinians detained by Israel since October 7. It seems that Israel also understands the hostage-taking-as-leverage game. Perversely, for the Israel supporters scale and scope of dehumanisation only matters when the numbers favour a particular victimisation narrative. In other words, 1200 Israeli dead is comparable with 20,00 rather than 40,000 Palestinian dead, so moral equivalence applies. That is not a winning argument.

That is in large part due to the fact that collective punishment is illegal under international law and classified as a war crime, most specifically Convention 4, Article 33 of the Geneva Convention. The same convention, article 34, notes that the taking of hostages is prohibited, even if it does not specify the means by which hostages are taken by belligerents (presumably the 3,000 or so Palestinians held in “administrative detention” without charge by the Israelis since October 7 would fit into this category regardless of the institutional/legal facade used to cloak their real status). So although only Israel is guilty of violating the convention when it comes to collective punishment, both sides are in violation of the Geneva Conventions when it comes to hostage taking.

That brings up the truth of the matter. Both Hamas and the IDF have committed war crimes and/or crimes against humanity. Both have committed serious breaches of international law. Fiddling with and sniping about numbers do not alter this fact. Moral relativism does not alter this fact. Trying to comparatively scale and scope the atrocities does not alter this fact. No amount of spin alters this fact.

Most of all, both Israel and Hamas apologists cannot escape this fact.