Hamas began twenty years into the occupation during the first Intifada, with the goal of ending the occupation. Collective punishment has been a deliberate Israeli tactic for decades with the Dahiya doctrine. Violence such as suicide bombings and rockets escalated in response to Israeli enforcement of the occupation and apartheid.

After the 'disengagement' in 2007, this turned into a full blockade; where Israel has had control over the airspace, borders, and sea. Under the guise of 'dual-use' Israel has restricted food, allocating a minimum supply leading to over half of Gaza being food insecure; construction materials, medical supplies, and other basic necessities have also been restricted.

• Gaza Policy Forum summary: Experts agree that Israel’s dual-use policy causes acute distress

The blockade and Israel’s repeated military offensives have had a heavy toll on Gaza’s essential infrastructure and further debilitated its health system and economy, leaving the area in a state of perpetual humanitarian crisis. Indeed, Israel’s collective punishment of Gaza’s civilian population, the majority of whom are children, has created conditions inimical to human life due to shortages of housing, potable water and electricity, and lack of access to essential medicines and medical care, food, educational equipment and building materials.

• Amnesty International Report pg 26-27

Hamas proposed a full prisoner swap as early as Oct 8th, and agreed to the US proposed UN Permanent Ceasefire Resolution. Additionally, Hamas has already agreed to no longer govern the Gaza Strip, as long as Palestinians receive liberation and a unified government can take place.

• https://www.latimes.com/world-nation/story/2024-07-23/rivals-hamas-and-fatah-sign-a-declaration-to-form-a-future-government-as-war-rages-in-gaza

Both Hamas and Fatah have agreed to a Two-State solution based on the 1967 borders for decades. Oslo and Camp David were used by Israel to continue settlements in the West Bank and maintain an Apartheid, while preventing any actual Two-State solution

• (Oslo Accord Sources: MEE, NYT, Haaretz, AJ).

How Avi Shlaim moved from two-state solution to one-state solution

‘One state is a game changer’: A conversation with Ilan Pappe

One State Solution, Foreign Affairs

Hamas:

• HRW on Laws-of-War Violations 2009

• Agency Demands Full Respect for the Sanctity of Its Premises in Gaza - July 2014

• HRW - Palestinian Armed Groups’ October 7 Assault on Israel

Intentionally utilizing the presence of civilians or other protected persons to render certain areas immune from military attack is prohibited under international law. Amnesty International was not able to establish whether or not the fighters’ presence in the camps was intended to shield themselves from military attacks. However, under international humanitarian law, even if one party uses “human shields”, or is otherwise unlawfully endangering civilians, this does not absolve the opposing party from complying with its obligations to distinguish between military objectives and civilians or civilian objects, to refrain from carrying out indiscriminate or disproportionate attacks, and to take all feasible precautions to spare civilians and civilian objects.

Israel:

• Israel/OPT: Israeli attacks targeting Hamas and other armed group fighters that killed scores of displaced civilians in Rafah should be investigated as war crimes

• HRW - Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis

Additionally, there is extensive independent verification of Israel using Palestinians as Human Shields:

• IDF uses Human Shields,

• Including Children (2013 Report)

• Palestinian children face unrelenting genocide, displacement, and systematic abuse throughout 2024

• Israel “Systematically” Uses Gaza Children as Human Shields, Rights Group Finds 2024

• Breaking The Silence - Testimonies from IDF Veterans

Israel deliberately targets civilian areas. From in general with the Dahiya Doctrine to multiple systems deployed in Gaza to do so:

• The Dahiya Doctrine & Israel’s Use of Disproportionate Force

• ‘A mass assassination factory’: Inside Israel’s calculated bombing of Gaza

• Lavender

• Where's Daddy

Israel also targets Israeli Soldiers and Civilians to prevent them being leveraged as hostages, known as the Hannibal Directive. Which was also used on Oct 7th.