A new United Nations (UN) investigative report has concluded that both Israeli authorities and Palestinian armed groups have committed war crimes and crimes against humanity since and in the aftermath of Hamas’ October 7 last year.
The findings of the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory were presented to the Human Rights Council in Geneva earlier Wednesday by its Chair, South African jurist, Dr Navi Pillay.
The Commission has argued that it was imperative that all those, who committed crimes be held accountable and that the only way to stop the recurring cycles of violence, including aggression and retribution by both sides, was to ensure strict adherence to international law.
War crimes
This latest report from the Commission makes factual and legal findings in relation to the attack by Hamas on October 7 and Israel’s military operation in the Occupied Palestinian Territories, principally the Gaza Strip, focusing on the period from October 7 through December 2023, 31.
Pillay says, “From 7th October, we conclude that Israeli authorities are responsible for war crimes, crimes against humanity, and violations of international humanitarian and human rights law, including extermination, intentionally directing attacks against civilians and civilian objects, murder or wilful killing, using starvation as a method of war, forcible transfer, gender persecution targeting Palestinian men and boys, sexual and gender-based violence amounting to torture and cruel or inhuman treatment. Israel’s total siege of the Gaza Strip has weaponised the provision of life-sustaining necessities for strategic and political gains, including through cutting off supplies of water, food, electricity, fuel and other essential supplies, including humanitarian assistance.”
Hamas and Palestine
The Commission also made findings against Hamas and other Palestinian armed groups.
She says, “The Commission found that Hamas and other Palestinian armed groups are responsible for the war crimes of intentionally directing attacks against civilians and of murder or wilful killing, torture, inhuman or cruel treatment, destroying or seizing the property of an adverse city, and outrages upon personal dignity and taking hostages. Members of Hamas, members of Palestinian armed groups, and some Palestinian civilians deliberately killed, injured, and tortured hostages, including children, and committed sexual and gender-based violence against civilians and members of the Israeli security forces. Some of whom will host the combat. Children were killed, injured, and physically and emotionally mistreated and instrumentalised by attackers for propaganda purposes.”
The findings represent the UN’s first in-depth investigation of the events that took place on and since October 7 last year and their findings are based on interviews with victims and witnesses conducted remotely during visits to Türkiye and Egypt, thousands of open-source items verified through forensic analysis, hundreds of submissions, satellite imagery and forensic medical reports.
The report has revealed that Israel obstructed the Commission’s investigations and prevented its access to both Israel and the Occupied Palestinian Territories.
The Commission has also found that the immense number of civilian casualties in Gaza and the widespread destruction of civilian objects and infrastructure were the inevitable result of an intentional strategy to cause maximum damage, disregarding legal obligations of distinction and proportionality – and further called for an immediate, full and complete ceasefire in Gaza.
Pillay says, “The Security Council passed a resolution last week calling for an immediate, full and complete ceasefire. The Commission reiterates that call and calls for the complete cessation of hostilities. We call for the immediate and for full end of the siege, for the release of all detainees, including all of the Israeli hostages, and for Palestinian armed groups to stop the indiscriminate firing of rockets into Israel. The Commission reminds all parties that they must adhere fully to international humanitarian law and international human rights law in protecting civilians and civilian objects. The attacks against UN agencies and humanitarian actors must stop. This commission will continue its investigations into all crimes under international law, with the aim of achieving justice and accountability.”
In a social media post, Israel’s Mission to the UN in Geneva said it rejected what it called a biased report and “abhorrent and immoral accusations levelled against the IDF”, calling Hamas a lawless terrorist organisation that places civilians in the line of fire while referring to Israel as a democratic country committed to the rule of law.
