Israel and Hamas have been accused of committing numerous war crimes and human rights abuses since October 7 in a new independent report to the UN Human Rights Council. The UN's Commission of Inquiry accused both sides of mounting attacks against civilian populations and "murder or willful killings," classifying these actions as war crimes.
The report, which covers events up to the end of 2023, specifically accused Israel of crimes against humanity, including torture, "extermination," and "gender persecution targeting Palestinian men and boys." Israel rejected these findings, accusing the commission of pursuing "a narrow-led political agenda" against it.
Compiled through extensive interviews with victims and witnesses, medical reports, and open-source information, the report will be submitted to the UN Human Rights Council next week. The panel, led by former UN human rights chief Navi Pillay, stated that Israel's use of heavy weapons in populated areas constituted a war crime due to direct attacks on civilian populations, disregarding principles of distinction, proportionality, and adequate precautions.
Israel was also accused of several other war crimes, including starvation, arbitrary detention, and the killing and maiming of “tens of thousands of children.” The report stated that Israel weaponized a "total siege," limiting power, food, and water to civilians, which amounted to "collective punishment." Additional crimes against humanity included "extermination, murder, gender persecution, forcible transfer of the population, torture, and inhuman and cruel treatment."
Hamas was also accused of significant abuses during its October 7 attacks, which resulted in 1,200 deaths and 251 kidnappings. The report cited evidence of widespread sexual violence against Israeli women and mass killings in public shelters. It highlighted instances of abductions involving significant physical, mental, and sexual violence, as well as degrading treatment, with women and their bodies being used as victory trophies by male perpetrators.
Israeli forces were also accused of sexual violence, particularly through public stripping of Palestinians intended "to humiliate the community at large and accentuate the subordination of an occupied people." Israel, which did not cooperate with the investigation, swiftly rejected the report, accusing it of “systematic anti-Israeli discrimination.”
Meirav Eilon Shahar, Israel's ambassador to the UN in Geneva, accused the commission of falsely equating Hamas and the Israeli military regarding sexual violence. Hamas has yet to comment on the allegations.
While the report itself does not carry penalties, it could be used in future prosecutions of Israeli and Hamas leaders. Michael Becker, a professor of international human rights law at Trinity College Dublin, noted that the International Criminal Court (ICC), which has issued warrants for leaders from both sides, might use the report to find new lines of inquiry. However, he emphasized that the report would likely not serve as "direct evidence" in the case.
Becker also noted that South Africa would likely reference the report in its case at the International Court of Justice (ICJ), which accuses Israel of genocide in Gaza. He cautioned that South Africa would need to convince judges that the report is "methodologically sound."
Following the report's publication, Navi Pillay emphasized the importance of holding those accused of crimes accountable to stop the recurring cycles of violence. She stressed the need for strict adherence to international law.
Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh, as well as Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, are already subject to arrest warrants issued by the ICC for alleged war crimes and crimes against humanity. The report criticized the rhetoric of some unnamed Israeli officials, suggesting it could amount to "incitement" and other serious international crimes.
According to the Hamas-run health ministry, more than 37,120 people have been killed in Gaza since the conflict began. Additionally, the UN plans to add Israel's military, Hamas, and Palestinian Islamic Jihad's armed wing to its list of offenders for violating children’s rights for the first time. This annual report, seen by the BBC and set to be released on Thursday, aims to shame parties into committing to measures outlined by the UN to protect children.
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