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In light of the coordinated killings of members of civilians at several separate locations, the Chamber also found that the conduct took place as part of a mass killing of members of the civilian population, and it therefore concluded that there are reasonable grounds to believe that the crime against humanity of extermination was committed.

Furthermore, in the context of 7 October Operation, the Chamber found that a large number of persons were seized from various locations in Israel, including Kfar Aza, Holit, Nir Oz, Be’eri, Nahal Oz, and the Supernova festival. The victims were civilians, including children and elderly people, as well as members of the IDF (Israeli Defence Forces). After being taken to Gaza, most of them were detained in secret locations, including apartments and underground tunnels. A number of groups participated in seizing and detaining these persons: the al-Qassam Brigades, the Palestinian Islamic Jihad al-Quds, and other Palestinian armed groups. The Chamber found that Hamas was in control of the hostages as of the start of their detention in Gaza, irrespective of the group affiliation of the individuals initially seizing the hostages. The Chamber also found that hostage taking in the context of the 7 October Operation was conducted with the aim to negotiate their release in exchange for Palestinian prisoners held in Israel. In light of the above, the Chamber considered that there are reasonable grounds to believe that the war crime of hostage taking was committed.

The Chamber further found that, while they were held captive in Gaza, some hostages, predominantly women, were subjected to sexual and gender based violence, including forced penetration, forced nudity, and humiliating and degrading treatment. On the basis of the material presented, the Chamber found reasonable grounds to believe that the crimes of torture as a crime against humanity and war crime, rape and other forms of sexual violence as crimes against humanity and war crimes, cruel treatment as a war crime, and outrages upon personal dignity as a war crime were committed against these persons during the relevant period.

With respect to Mr Deif’s individual criminal responsibility, the Chamber found reasonable grounds to believe that senior leaders of Hamas, comprising of at least Mr Deif, Mr Sinwar, and Mr Haniyeh, agreed to jointly carry out the 7 October 2023 Operation. The plan included targeting military and civilian objects in Israel and other acts of violence against Israeli persons. The material presented by the Prosecution indicated that several senior members of Palestinian Islamic Jihad al-Quds joined the plan in the morning of 7 October 2023 at the latest, and that other Palestinians armed groups participated in the Operation.