Field Executions in Gaza: An International Law Analysis

By Dr. Hassan Brijeyeh
Director of International Law Department, Wall and Settlement Resistance Authority

The issue of field executions carried out by Hamas in Gaza, or any other group anywhere in the world, executing death sentences outside the framework of fair trial processes or swiftly in the field, requires examination from an international law perspective.

The Applicable International Legal Framework

International Humanitarian Law (IHL)

This law regulates parties' conduct during armed conflict and places restrictions on methods that can be used to target individuals. It obliges parties to respect fundamental rights of combatants and civilians no longer participating in combat.

Even non-governmental armed groups (like Hamas) are bound by certain humanitarian law rules, especially those that have become international custom or constitute a minimum standard applying in all conflicts.

Common Article 3 of the Four Geneva Conventions requires treating detained persons or those unable to fight with dignity and prohibits "execution without judicial verdict."

International Human Rights Law

In conflict situations, certain human rights obligations remain, especially:

• Right to life
• Right to fair trial
• Right not to be subjected to torture

These rules primarily bind states, but non-state actors may face accountability through international judicial mechanisms like the International Criminal Court.

International Criminal Law / ICC System

If jurisdictional conditions are met, some crimes can be considered international crimes within ICC jurisdiction, such as murder or crimes against humanity if linked to widespread, systematic patterns.

Field Executions: Definition and Characteristics

"Field executions" refer to swift execution of death sentences in public places or fields, often without fair trials or objective legal standards, based on charges like "collaboration" or "cooperation with the enemy."

Problematic Characteristics:

1. Arrest and detention without independent court supervision
2. No fair trial guarantees (defense, appeal, witnesses, evidence)
3. Very swift execution in field locations before the public
4. Vague charges without clarity or independent evidence
5. No independent judicial review after execution
6. Execution exploited as intimidation message

All such acts can be classified as intentional killing outside what international law permits, constituting war crimes or crimes against humanity.

Warnings from International Bodies

Human rights reports have accused Hamas of "field executions" against suspected collaborators, especially during military escalations. During the 2008-2009 Gaza War, organizations documented field executions without fair trials.

Contemporary reports document public executions filmed and published, raising concerns about immunity, documentation, and accountability rights.

Legal Conclusion

Field executions by Hamas outside fair trial frameworks constitute serious violations of international law, classified as:

1. War crimes in armed conflict context - intentional killing without legal guarantees
2. Individual criminal responsibility - leaders or executors may be criminally liable internationally

Under international humanitarian and human rights law:

• Common Article 3 explicitly prohibits executions without regular court judgments
• The International Covenant on Civil and Political Rights prohibits arbitrary deprivation of life
• The Rome Statute considers murder and extermination crimes against humanity

Those responsible may face ICC prosecution, universal jurisdiction, UN investigations, and international sanctions.

Sunday, October 19, 2025