UNITED NATIONS: Israeli authorities are responsible for war crimes and crimes against humanity committed during the military operations and attacks in Gaza since October7, 2023, a UN inquiry commission has found.
The Commission also found that Palestinian armed groups are responsible for war crimes committed in Israel.
This was among the conclusions listed in the report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, released on Wednesday.
“Amid months of losses and despair, retribution and atrocities, the only tangible result has been compounding the immense suffering of both Palestinians and Israelis, with civilians, yet again, bearing the brunt of decisions by those in power,” the Commission said, stressing the impact on women and children.
The attack of October 7 by Hamas on communities in southern Israel arked a “clear turning point” for both Israelis and Palestinians and presented a “watershed moment” that could change the direction of the conflict, with a real risk of further solidifying and expanding the occupation, the Commission said.
For Israelis, the attack was unprecedented in scale in its modern history, when in one single day hundreds of people were killed and abducted.
For Palestinians, Israel’s military operation and attack in Gaza had been the longest, largest and bloodiest since 1948, causing immense damage and loss of life and triggered for many Palestinians traumatic memories of the Nakba and other Israeli incursions.
The Commission emphasized that both the attack in Israel and Israel’s subsequent military operation in Gaza should not be seen in isolation.
“The only way to stop the recurring cycles of violence, including aggression and retribution by both sides, is to ensure strict adherence to international law,” it stressed.
“That includes ending the unlawful Israeli occupation of Palestinian territory; discrimination, oppression and the denial of the right to self-determination of the Palestinian people, and guaranteeing peace and security for Jews and Palestinians.”
The Commission also noted that Israeli authorities “failed to protect civilians in southern Israel on almost every front”, including failing to swiftly deploy sufficient security forces to protect civilians and evacuate them from civilian locations on October 7.
In several locations, Israeli Security Forces (ISF) applied the so-called ‘Hannibal Directive’ and killed at least 14 Israeli civilians. That Directive is reportedly a procedure to prevent capture of ISF members by enemy forces and was alleged to have been directed against Israeli civilians on October 7.
“Israeli authorities also failed to ensure that forensic evidence was systematically collected by concerned authorities and first responders, particularly in relation to allegations of sexual violence, undermining the possibility of future judicial proceedings, accountability and justice,” the Commission added.
The independent Commission, established by the UN Human Rights Council, also concluded that, in relation to Israel’s military operations in Gaza, Israel committed war crimes, crimes against humanity and violations of international humanitarian and human rights laws.
The Commission further concluded that the immense numbers of civilian casualties and widespread destruction of civilian objects and vital civilian infrastructure were the “inevitable results of Israel’s chosen strategy for the use of force” during these hostilities, undertaken with intent to cause maximum damage, disregarding distinction, proportionality and adequate precautions, and thus unlawful.
“ISF’s intentional use of heavy weapons with large destructive capacity in densely populated areas constitutes an intentional and direct attack on the civilian population, particularly affecting women and children,” the Commission said, adding that this was confirmed by the substantial and increasing numbers of casualties, over weeks and months, with “no change in Israeli policies or military strategies”.
Among its recommendations, the Commission report called on the Government of Israel to immediately end attacks resulting in the killing and maiming of civilians in Gaza, end the siege on Gaza, implement a ceasefire, ensure that those whose property has been unlawfully destroyed receive reparations, and ensure that necessities crucial for the health and well-being of the civilian population immediately reach those in need.
It also called on the Government of the State of Palestine and Hamas in Gaza to ensure the immediate and unconditional release of all hostages held in the enclave.
“Stop all indiscriminate firing of rockets, mortars and other munitions towards civilian populations,” it added.
The Commission of Inquiry was established by the UN Human Rights Council to, among other points, investigate, in the Occupied Palestinian Territory, including East Jerusalem, and in Israel, all alleged violations of international humanitarian law and abuses of international human rights law leading up and since April 13, 2021.
Its report will be presented to the Human Rights Council’s 56th session on June 19, 2024 in Geneva. The report is accompanied by two documents providing findings on the October 7 attack in Israel, and on Israel’s military operations and attacks in Gaza until the end of 2023. Reuters
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