From Hostage to Human Trafficked — Part Three

An Overview of Hamas’ History, Structure, and Conflict

1. Hamas Generally

Hamas is a Palestinian Sunni Islamist military and sociopolitical movement, primarily operating in the Gaza Strip, Palestine, since 2007.^[1] Hamas, standing for Harakat al-Muqawama al-Islamiya (“Islamic Resistance Movement”), was founded by Sheikh Ahmed Yassin, a Palestinian cleric who was a Muslim Brotherhood Activist.^[2] While their main headquarters and actions are based in the Gaza Strip, they also have ties to Lebanon, the West Bank, various Arab countries, Iran, and Turkey.^[3]

1. History

Initially, Hamas emerged in 1987, during the first intifada, as the Palestinian “rejectionist” group by committing heinous acts against Israel.^[4] The first intifada occurred in December 1989, “when an Israeli vehicle struck two vans carrying Palestinian workers, killing four of them, an event that was perceived by Palestinians as an act of revenge for the death by stabbing of an Israeli in Gaza a few days earlier.”^[5] Palestinians continued the riots by throwing rocks and Molotov cocktails at Israeli targets and attacking Israelis with rifles, hand grenades, and explosives.^[6] These riots caused nearly 2,000 deaths.^[7] The first intifada was resolved after conversations with the United States and the Palestinian Liberation Organization.^[8]

Hamas’ ideology is a combination of Palestinian nationalism and Islamic fundamentalism, committing its members to the “destruction of Israel and the establishment of an Islamic state in all of historic Palestine.”^[9] Formally, Hamas was designated a foreign terrorist organization (FTO) by the United States in 1997.^[10] In 2005, after the second intifada, which lasted from 2000-2005, Israel gave up responsibility for the Gaza Strip to the Palestinian Authority.^[11]Still, it retained access to and control of the land, sea, and air.^[12] After winning the Palestinian Authority legislative election in 2006, Hamas was urged to “recognize Israel, renounce violence, and accept previous Israeli-Palestinian agreements,” to which they refused.^[13] In 2007, there was a West Bank and Gaza split in which Hamas forcibly seized Gaza. As a result, Hamas forcibly seized control over the Gaza Strip, and Israel imposed security-related restrictions on all people, goods, and transportation in and out of Gaza.^[14] This forced seizing in 2007 caused Israel to declare the Gaza Strip a hostile entity. Due to a constant barrage of attacks, Israel broadened its sanctions on Gaza and completely sealed the border with the Gaza Strip.^[15] From 2008-2021, there were major rounds of Israel-Hamas conflicts, resulting in prisoner exchanges.^[16] These prisoner exchanges occurred in 2001 when Israel exchanged “more than 1,000 Palestinian prisoners (including Sinwar), for one Israeli soldier, Gilad Shalit.^[17] Throughout this time, Hamas released a statement stating that their issue was, allegedly, with the “Zionist project” rather than Jews specifically.^[18] Hamas defines the Zionist project as “a racist, aggressive, colonial and expansionist project based on seizing the properties of others; it is hostile to the Palestinian people and to their aspiration of freedom, liberation, return and self-determination. The Israeli entity is the plaything of the Zionist project and its base of aggression.”^[19] It is also noteworthy that Hamas has limited its Zionist attacks to the state of Israel. Finally, in 2023, Hamas led an assault on Israel’s kibbutz and the Nova Music Festival, which has resulted in the conflict that is still waging today.^[20]

1. Hamas’ Charter^[21]

            Hamas’ first charter was published in 1988 and “call[ed] for the murder of Jews, the destruction of Israel, and in Israel’s place, the establishment of an Islamic society in historic Palestine.”^[22] In May 2017, Hamas presented a new document “that removed explicit references to killing Jews but still refused to recognize Israel.”^[23] Hamas claims that their problem stems from the Zionist project, specifically the Balfour Declaration, by the British Government on November 2, 1917.^[24] The Zionist movement is defined as a “Jewish nationalist movement with the goal of the creation and support of a Jewish national state in Palestine, the ancient homeland of the Jews.”^[25] The Balfour Declaration “was a public pledge by Britain in 1917 declaring its aim to establish ‘a national home for the Jewish people’ in Palestine.”^[26]The specific language from the Balfour Declaration of 1917 from Arthur James Balfour states: “His Majesty’s Government view with favor the establishment in Palestine of a national home for the Jewish people, and will use their best endeavors to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.”^[27] This establishment of a “national home” for the Jewish people was highly controversial because it was created by European authority without regard for the lives and wishes of the Palestinian people who were occupying the area. Although initially, through the League of Nations, the purpose of placing Palestine under the administration of Great Britain was meant to only be a “transitory phase until Palestine attained the status of a fully independent nation,”^[28] the Balfour Declaration was not well received by Palestinians who “expressed strong opposition to Zionism.”^[29]

In the aftermath of World War 1, and in response to the Zionist movement, a writer said “A nation which has long been in the depths of sleep only awakens if it is rudely shaken by events, and only arises little by little … This was the situation of Palestine, which for many centuries has been in the deepest sleep, until it was shaken by the great war, shocked by the Zionist movement, and violated by the illegal policy [of the British], and it awoke, little by little.”^[30] The resistance by Palestinian Arabs led to large-scale violence and eventually ravaged the area. The United Nations proposed “the partitioning” which would take the existing State of Palestine and divide it into two independent States, Palestinian Arab and Jewish.^[31] As this policy continued to develop, in the aftermath of World War 2, Israel was proclaimed a nation on May 14, 1948, and was formally recognized the same day by United States President Harry S. Truman.^[32] The escalation of the Israel-Palestinian conflict has incrementally progressed since this date and has led to the formation of Hamas as seen in their first established charter in 1988.^[33] Hamas’ revised charter of 2017 cites the main goal of their movement to “liberate Palestine and confront the Zionist project.”^[34] The Hamas charter further cites the Zionist occupation as the reason for displacement and the catastrophes of the Palestinian people in general.^[35] Specifically, in the fifth article of their charter it states, “the Palestinian identity is authentic and timeless; it is passed from generation to generation. The catastrophes that have befallen the Palestinian people, as a consequence of the Zionist. Occupation and its policy of displacement cannot erase the identity of the Palestinian people, nor can they negate it.”^[36] Hamas asserts that their conflict is with the Zionist problem specifically, not with the Jewish religion; however, it is Zionists who often identify as Jews and support Judaism.^[37]

1. Leadership and Training

The composition of Hamas’ structure is a 15-member political bureau (politburo), elected by the Shura Council, who are the ultimate decision-makers. The general policy is set by the politburo, who all operate in exile.^[38] However, local charters manage grassroots affairs and concerns in Gaza. Yahya Sinwar was elected in 2017 to be the politburo chief^[39] and remained in that position until October 16, 2024, when he was killed by the Israeli Defense Force (IDF).^[40] In his leadership position, Sinwar was responsible for orchestrating the October 7th assault on Israel and was the ongoing decision-maker for Hamas.^[41] With the recent killing of Sinwar,^[42] there has not been an official announcement of who will, or has, taken his place in Hamas leadership, because many other Hamas leaders have already been eliminated. However, discussions have already begun with Khalil al-Hayya, Sinwar’s deputy and most senior official, being considered as a strong candidate.^[43] Ultimately, a Hamas official has stated that “the movement is likely to keep the identity of its new leader secret for security reasons.”^[44]

Hamas receives its training resources from Iran, Iran’s allies, and Hezbollah (Lebanese Shia FTO Group).^[45] Its military capabilities have advanced in sophistication since it was created. Rather than just being involved in suicide missions, Hamas also has modern, domestically produced weaponry used in hand-to-hand combat as well as rockets to infiltrate Israel’s Iron Dome defenses.^[46] Most notable, however, is Hamas’ use of its extensive tunnel systems to protect and transport persons and weaponry.[47]

Part of Hamas’ funding comes from Persian Gulf countries, such as Qatar and United Arab Emirates, including monetary funding, as well as weaponry and training. Additionally, from Iran, Hamas receives up to $100 million annually, along with weapons, and training.^[48] However, this support does not constitute de facto recognition of Hamas being a state, it only solidifies the areas in which they are receiving funding for their campaigns and furthers the antagonism of surrounding nations regarding the existence of the state of Israel.

According to the United States Department of the Treasury, “Hamas has exploited the suffering in Gaza to solicit funds through sham and front charities that falsely claim to help civilians in Gaza . . . and also seek to garner public support for the group. As of early 2024, Hamas may have received as much as $10 million a month through such donations.”[49] From these donations and fronted charities, Hamas has an estimated annual military budget range from $100 million to $350 million, while 80% of the population in Gaza continues to remain in poverty.[50] These shocking statistics further prove the motives of Hamas in that they are more focused on annihilating Israelis for their “cause” rather than protecting and providing for their own people.

1. Hamas Governing in Gaza

            After Israel withdrew from Gaza in 2005, Hamas became the de facto authority in Gaza. Palestinians have not voted for a legislature since 2006 or a president since 2008.^[51] Hamas has set up institutions throughout Palestine and continues to govern as the de facto government. Overall, Hamas has governed with Sharia-based laws but has been much more restrictive, specifically with how women dress and public gender segregation.^[52] Along with stricter sharia laws, “Hamas also represses the Gazan media, civilian activism on social media, the political opposition, and nongovernmental organizations (NGOs), leaving it free from mechanisms for accountability.”^[53] Based on the most recent survey from June 12, 2024, by Khalil Shikaki, explaining that, “the Support for Hamas comes from various sources, but the most important one is because Palestinians share Hamas’ values. They will support Hamas for that, even if Hamas makes the wrong moves…”^[54] The polls involved between 1,200 and 1,500 Palestinians in total (480-750 in Gaza and approximately 760 in the West Bank).^[55] This June poll stated that “Support for Hamas over the preceding three months increased by 6%.”^[56] “Two-thirds of respondents stated they continue to support the Hamas-led Oct. 7 attack on Israel.”^[57] Most of the support from Palestinians comes from shared values of religious observance, lack of separation of faith and state, and religious identity over national or ethnic identity.^[58] These shared identities represent about one-third of people polled in Gaza and the West Bank.^[59]

1. October 7, 2024, Attack on Israel

On October 7, 2024, Hamas executed an unprecedented attack on Israel in the early morning hours of the Jewish Sabbath and a religious holiday, Simchat Torah. Hamas began by firing rockets from the Gaza Strip into Israel.^[60] As the bombardment of rockets continued, Hamas fighters entered Israel by land, air, and sea.^[61] First, fighters entered through border towns, namely Sderot, Be’eri, and Ofakim, massacring the citizens in their path, burning down homes and towns, raping women and children, and seizing individuals to take them back to Gaza. A similar horrific attack was taking place simultaneously at the Nova music festival, where fighters parachuted and drove onto the scene, slaughtering thousands and capturing the rest to take them back to Gaza.^[62]

Hamas’ campaign was malicious, targeted, and unequivocally inhumane, shocking the State of Israel and the rest of the world. As an Israeli official noted, “This is our 9/11… they got us.”^[63] The Israeli Defense Force has admitted, in the aftermath of the attack, that Israel was substantially outmaneuvered.^[64] A source close to Hamas claims that “While Israel was led to believe it was containing a war-weary Hamas by providing economic incentives to Gazan workers, the group’s fighters were being trained and drilled often in plain sight.”^[65] This source further recounted that “Hamas gave Israel the impression that it was not ready for a fight” and that Hamas was alluding to the fact that they were unprepared for a conflict or large-scale operation.^[66] One of Hamas’ tactics was to convince Israel “it cared more about ensuring that workers in Gaza… had access to jobs across the border and had no interest in starting a war.”^[67] Meanwhile, by distracting Israel, Hamas was constructing “a mock Israeli settlement in Gaza where they practiced a military landing and trained to storm it” while videoing their maneuvers.^[68] An Israeli security source acknowledged this oversight by saying, “[Hamas] caused us to think they wanted money… And all the time they were involved in exercises/drills until they ran riot.”^[69]  The Israeli security forces were reduced in number because many Israeli troops “had been redeployed to the West Bank to protect Israeli settlers following a surge of violence between [Israel] and Palestinian militants,”^[70] so their troops were depleted well below full capacity.

[1] Hamas: Background, Current Status, and U.S. Policy, Congressional Research Service, (Oct. 9, 2024, 1:48 PM) https://crsreports.congress.gov/product/pdf/IF/IF12549

[2] Council on Foreign Relations, supra note 31.

[3] Congressional Research Service, supra note 34.  

[4] Intifada, Britannica, (Nov. 13, 2024, 6:52 PM) https://www.britannica.com/topic/intifada

[5] Id.

[6] Id.

[7] Id.

[8] Congressional Research Service, supra note 34.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

[14] Greg Myre, A Brief History of Gaza’s Tortured Role in the Middle East Conflict, NPR, (Feb. 5, 2025), https://www.npr.org/2025/02/05/g-s1-46565/gaza-israel-history-mideast-conflict-trump

[15] Id.

[16] Id.

[17] Id.

[18] Id.

[19] MEE Staff, Hamas in 2017: The Document in Full, Middle East Eye, (Oct. 14, 2024, 10:24 AM), https://www.middleeasteye.net/news/hamas-2017-document-full.

[20] Congressional Research Service, supra note 34.

[21] A Document of General Principles & Policies, Hamas, (Oct. 14, 2024, 10:50 AM), https://palwatch.org/storage/documents/hamas%20new%20policy%20document%20010517.pdf

[22] Council on Foreign Relations, supra note 31.

[23] Id.

[24] Id.

[25] Zionism: Nationalistic Movement, Britannica, (Oct. 14, 2024, 10:56AM), https://www.britannica.com/topic/Zionism.

[26] Zena Al Tahhan, More Than a Century On: The Balfour Declaration Explained, Aljazeera, (Oct. 14, 2024, 9:54 AM), https://www.aljazeera.com/features/2018/11/2/more-than-a-century-on-the-balfour-declaration-explained.

[27] Balfour Declaration, Nov. 2, 1917, (Oct. 28, 2024, 3:46 PM), https://avalon.law.yale.edu/20th_century/balfour.asp.

[28] Id.

[29]History of the Question of Palestine, United Nations, (Nov. 1, 2024, 10:29 AM), https://www.un.org/unispal/history2/origins-and-evolution-of-the-palestine-problem/part-i-1917-1947/.

[30] Aljazeera, supra note 59.

[31] Id.

[32] Id.

[33] Congressional Research Service, supra note 34.

[34] Hamas, supra note 54.

[35] Id.

[36] Id.

[37] Id.

[38] Council on Foreign Relations, supra note 31.

[39] Congressional Research Service, supra note 34.

[40] Rushdi Abualouf, Who Will Lead Hamas After Killing of Yahya Sinwar?, BBC, (Nov. 1, 2024, 3:47 PM), https://www.bbc.com/news/articles/c04p04lq27ko.

[41] Congressional Research Service, supra note 34.

[42] This information was updated as of Nov. 1, 2024.

[43] As of Nov. 13, 2024, no new Hamas leader has been publicly named.

[44] Id.

[45] Congressional Research Service, supra note 34.

[46] Id.

[47] Adolfo Arranz, et al., Inside the Tunnels of Gaza: The Scale, and the Sophistication, of Hamas’ Tunnel Network, Reuters (Dec. 31, 2023) https://www.reuters.com/graphics/ISRAEL-PALESTINIANS/GAZA-TUNNELS/gkvldmzorvb/

[48] Congressional Research Service, supra note 34.

[49] U.S. Department of the Treasury, Treasury Target Significant International Hamas Fundraising Network, (Oct. 7, 2024), https://home.treasury.gov/news/press-releases/jy2632#:~:text=Hamas%20affiliates%20raise%20funds%20through,a%20month%20through%20such%20donations.

[50]De Luce, Dan, et. al., Gaza is plagued by poverty, but Hamas has no shortage of cash. Where does it come from?, NBC News, (Oct. 25, 2023), https://www.nbcnews.com/news/world/gaza-plagued-poverty-hamas-no-shortage-cash-come-rcna121099

[51] Council on Foreign Relations, supra note 31.

[52] Id.

[53] Id.

[54] Itay Stern, A Pollster Sheds Light on Palestinian Attitudes Toward The U.S., Israel and Hamas, NPR, (Oct. 14, 2024, 12:13 PM), https://www.npr.org/2024/07/26/g-s1-12949/khalil-shikaki-palestinian-polling-israel-gaza-hamas.

[55] Id.

[56] Id.

[57] Id.

[58] Id.

[59] Id.

[60] Samia Nakhoul, et. al., How Hamas Duped Israel as it Planned Devastating Attack, Reuters, (Oct. 13, 2024, 4:47 PM), https://www.reuters.com/world/middle-east/how-israel-was-duped-hamas-planned-devastating-assault-2023-10-08/.

[61] Id.

[62] Id.

[63] Id.

[64] Id.

[65] Id.

[66] Id.

[67]Id.

[68]Id.

[69]Id.

[70]Id.