“The Israeli authorities are responsible for war crimes and crimes against humanity for acts committed during attacks and military operations in Gaza since October 7, 2023. (…) Palestinian armed groups are responsible for war crimes committed in Israel”. This is the literal conclusion of the report published this Wednesday by the UN Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel, in charge of clarifying possible violations of international law in this conflict. The reaction of the Israeli representation at the United Nations headquarters in Geneva has not been long in coming: it rejects “accusations” that it considers “abominable and immoral.”
The United Nations investigation is based on interviews with victims and witnesses carried out remotely, the Commission, which was created in April 2021 at the request of the UN Human Rights Council in Geneva, explains in its report. The authors collected data from visits by members of their team to Turkey and Egypt, as well as satellite images and forensic medical reports, among other sources. “Israel obstructed the Commission’s investigations and prevented their access to Israel and the occupied Palestinian territory,” say the authors, who requested information and entry permission up to six times, without receiving a response. The Palestinian authorities did provide “extensive comments” to a single request, they add.
With the information collected, the researchers provide a detailed account of the “events” since the October 7 attack in Israel, in which Hamas militias murdered 1,200 Israelis – including at least 40 children – and kidnapped more. of 200; and the Israeli response on Gaza and the West Bank until December 31. In that period, it has documented numerous violations of human rights and international law on both sides.
The Commission maintains that Israel committed war crimes by using hunger as a weapon, intentionally attacking civilians and their property, carrying out forced transfers and committing sexual assaults, torture and inhuman treatment, among others. In the Gaza Strip, the level of destruction and the number of deaths – more than 37,000 since October 7, according to data from the Gaza Ministry of Health – are proof that the Israeli response “has not taken into account the principles of distinction, proportionality and adequate precautions” included in international law. “Israel’s military operation and attack on Gaza have been the longest, largest and bloodiest since 1948,” the document denounces. “The Government of Israel and its defense forces allowed, encouraged and instigated a campaign of settler violence against Palestinian communities in the West Bank,” it adds.
“Israeli authorities consistently presented that their military operations were aimed at destroying Hamas, freeing Israeli hostages and preventing future threats to the State of Israel from the Gaza Strip, but their actions and their consequences indicate other motivations, including revenge and collective punishment,” the report continues.
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In relation to the October 7 attack in Israel, UN investigators say that “the military wing of Hamas and six other Palestinian armed groups are responsible for war crimes” by having intentionally directed attacks against civilians, including murder, torture, sexual violence, inhuman acts and the taking of hostages, including 36 children. All of these acts “were deliberate” to cause “great suffering and serious injuries to the victims.” The authors emphasize that the women were targets of sexist violence and sexual assaults before their execution or during their kidnapping; They “used them as trophies of victory.” “The kidnapping, violence and humiliation of women were publicly displayed, both on the streets of the Gaza Strip and on the internet,” they highlight.
“It is imperative that all those who have committed crimes be held accountable,” says Navi Pillay, president of the Investigation Commission, in a statement, who did not want to make statements to the press until the official presentation of the text at the next meeting of the Council of UN Human Rights, June 19 in Geneva. “Israel must immediately stop its military operations and attacks in Gaza. (…) Hamas and Palestinian armed groups must immediately cease rocket attacks and release all hostages. “The taking of hostages constitutes a war crime,” the South African jurist asks in the letter.
For Meirav Eilon Shahar, Israel’s permanent representative to the United Nations in Geneva, the fact that the Commission of Inquiry led by Pillay has published this “biased” report to “attack Israel” just on the day that Jews celebrate the Shavuot—which commemorates the reception of the Torah (sacred texts)—proves “the systematic anti-Israeli discrimination of this Commission of Inquiry, which was born in sin,” he writes in his response. The text also describes as “repugnant” establishing “a false equivalence” between its soldiers and Hamas terrorists “with respect to acts of sexual violence.”
In the final section of recommendations of the UN report, the Commission urges the Government of Israel “to immediately end” the attacks and siege of Gaza. “Stop all indiscriminate launching of rockets, mortars and other munitions against the civilian population.” He asks the “Government of the State of Palestine and the de facto authorities in Gaza” for the “immediate and unconditional release of all hostages held in the enclave.”
Jesús A. Núñez Villaverde, co-director of the Institute for Conflict Studies and Humanitarian Aid (IECAH), welcomes the revelation of the findings “which have been known for a long time.” “Unfortunately, none of the aforementioned actors will change his violent attitude,” he laments. He notes that the Commission “does not have any executive capacity” and even if the report reaches the UN Security Council, “it is obvious that Washington would be in charge of preventing it from translating into any sanctions against Israel,” says the international relations expert. . “And Hamas is not going to lose sleep either,” he adds. Francisco Rey, also co-director of the same organization, is more optimistic about the legal path of the text: “By focusing on war crimes and crimes against humanity, committed by both the State of Israel and Hamas, it can be an input in the procedure.” of the International Criminal Court (ICC), not so much in that of the International Court of Justice (ICJ).”
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