As Civilian Casualties Reach Record Levels in Gaza, Third Committee Underscores Need to End War, Lift Blockade of Essential Needs, Hold Parties Accountable – Press Release

Committee also Highlights Human Rights Violations in Four Countries, Including Iran, Syria

The raging war in Gaza is the latest symptom of the international community’s epic failure to address decades of Israel’s illegality and impunity, the expert tasked with monitoring human rights in the occupied Palestinian territories told the Third Committee (Social, Humanitarian and Cultural) today.

Francesca P. Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, said much of what Palestinian paramilitary forces have done against civilians in Israel are war crimes and must be accounted for.  In response, Israeli occupation forces have yet again indiscriminately bombarded the Gaza Strip, hitting entire residential areas, schools, hospitals, mosques and churches and killing around 5,000 people. Israel has further tightened the unlawful siege of the Gaza Strip, depriving the population of indispensable items of survival and using starvation as a method of war.  Palestinian children — constituting half the population under occupation — are the prime victims of this system, she said, reporting that, from 2008 until 6 October 2023, 1,434 Palestinian children were killed, primarily at the hands of Israeli occupation forces.

Elaborating on the situation further, Navi Pillay, Chair of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, unequivocally condemned the killing of over 1,000 Israeli citizens by Hamas and other Palestinian armed groups as well as the taking of over 200 Israeli hostages.  She also unequivocally condemned Israeli military attacks, resulting in the deaths of thousands of Palestinian civilians.  Calling for an immediate ceasefire, she underscored that the Israeli Government must end its 56-year occupation and recognize the Palestinian people’s right to self-determination.

When the floor opened for questions and comments, the representative of Israel said the Commission has been dedicated to justifying and downplaying Palestinian terrorism, while delegitimizing and demonizing Israel’s efforts to defend itself.  However, Israel goes to extraordinary lengths to avoid civilian casualties, despite the Palestinian terrorists’ use of civilians as human shields.

The observer for the State of Palestine highlighted the massive scale of Israel’s brutal war against Gaza, which has been besieged for 17 years.  Warning against Israel’s campaign to normalize its crimes, she called on the international community to recognize the equal value of Palestinian life and end the war.  “We are not human animals, but human beings who have suffered loss […] for decades,” she said.

Some delegates expressed their concerns with the broad reach of the Commission’s work and its open-ended mandate, while others supported its well-founded investigations.

In the first camp, the representative of the United Kingdom said his delegation regretted the creation of the Commission in May 2021. Echoing that view, the representative of Albania called its report one-sided, as it does not reflect the destructive role of Hamas and other terrorist groups.  Along similar lines, Australia’s delegate said the Commission’s excessive scope does not support the peace process.

Among those delegates supporting the Commission’s work and its latest report, Malaysia’s delegate condemned efforts to discredit its findings, noting that Israel’s atrocities have been well documented.  In the same vein, the representative of Bangladesh condemned all illegal acts and the culture of impunity enjoyed by Israel. Adding to that, Cuba’s delegate attributed Israel’s impunity to the support it receives from Washington.

Commission of Inquiry on the Occupied Palestinian Territory

In the afternoon, the Committee further elaborated on the theme “Promotion and protection of human rights”, with interactive dialogues featuring presentations by:  Navi Pillay, Chair of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel; Francesca P. Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; and Isha Dyfan, Independent Expert on the situation of human rights in Somalia.

Ms. PILLAY said that the eruption of violence in Israel and Palestine since 7 October is profoundly concerning, citing thousands of civilian deaths and extensive damage to civilian structures.  The Commission unequivocally condemns the killing of over 1,000 Israeli citizens by Hamas and other Palestinian armed groups as well as the taking of over 200 Israeli hostages, including children, she added.  It also unequivocally condemns Israeli military attacks, resulting in the deaths of thousands of Palestinian civilians.  The Commission calls for an immediate ceasefire and safe return of all hostages and will continue to collect and preserve evidence, in view of accountability for human rights violations, identifying individual criminal responsibility.  Calling on the Israeli Government, the Palestinian Authority and the Hamas de facto authority in Gaza to support the investigation and grant access as soon as possible, she urged the General Assembly to support the process.

Turning to the “Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel” (document A/78/198), the Chair recalled that, while the report was completed before this upsurge in violence, its findings are “tragically relevant”, as it examines the use of force by Israel and the de facto authorities in Gaza.  Israel’s increasingly militarized law enforcement in the West Bank, East Jerusalem and Gaza consistently violate international humanitarian law, she said. Such actions are linked to Israel’s goals of maintaining the unlawful occupation and weakening Palestinian opposition, as well as its political, economic and social cohesion.  The Commission also finds that the indiscriminate firing of projectiles by armed groups in Gaza toward Israeli cities constitute war crimes.

Israel has used excessive force in disrupting protests among Palestinians asserting their right to self-determination, resulting in deaths and permanent injuries, she said.  She added that large scale arrest operations to dismantle armed groups in the West Bank are treated as military operations, resulting in the application of far more permissive rules of engagement.  One such result was the killing of Palestinian journalist Shireen Abu Akleh in Jenin in May 2022.  The report also addresses the human rights violations of Israeli authorities and Hamas in Gaza of withholding bodies for “bargaining chips”, causing severe trauma to families of the deceased, with a particular gendered impact on Palestinian female relatives, she said.  The continuing unlawful occupation of Palestinian territory has overwhelmingly affected Palestinian children, who experience human violations, some of which amount to war crimes, she said.

“Justice takes time, but it is our collective obligation to pursue it,” she said, noting that the General Assembly’s cooperation to request an advisory opinion from the International Court of Justice on the Israeli Occupation last year is encouraging.  All parties must cooperate fully with investigations, she added, stressing that, above all, the Israeli Government must end its 56-year occupation and recognize the Palestinian people’s right to self-determination.

When the floor opened for questions and comments, the representative of Israel called Hamas a barbaric group that has filmed unimaginable acts of violence for all the world to see since its 7 October attacks on Israel.  This Commission has been dedicated to justifying and downplaying Palestinian terrorism, while delegitimizing and demonizing Israel’s efforts to defend itself. The Commission has sent a clear message to Hamas, other terrorist groups and Iran that they have little to fear on the international front.  The Human Rights Council and its open-ended Commission on Inquiry has created the immoral equivalent between a democracy defending itself, following international law, and radical terrorists.  Hamas and other terrorist groups have been carrying out acts of terrorism for decades. The report is not just a mockery but a damning indictment of the moral corruption of the Commission.  Israel goes to extraordinary lengths to avoid civilian casualties, despite the Palestinian terrorists’ use of civilians as human shields.  He said the report is riddled with many inaccuracies.  The United Nations was founded in the wake of the Holocaust and a sacred vow of “never again”.  Israel will not rest until its people can live in peace and security.

The observer for State of Palestine asked anyone to explain why the situation in human rights in Palestine, as a conflict area, should not be examined by the Committee.  She asked why the violations of the occupying Power should not be looked at and why Israel should enjoy a special status.  “Are the Palestinians less worthy,” she asked.  States have a duty and obligation to protect their citizens and the State of Palestine also has a duty and obligation to protect its citizens, she said, stressing that it is seeking redress through legal and political channels, including the Commission on Inquiry.  Its mandate is to investigate violations against Palestinian citizens and present the facts as they are.  Many Member States are already informed of these facts.  The scale of Israel’s brutal war against Gaza is massive, with Gaza besieged for 17 years, as Israel runs a campaign that aims to make its crimes normal.  She called on the international community to stay out of this criminal campaign.  “We are not human animals, but human beings who have suffered loss […] for decades,” she said.  She called for the international community to recognize the equal value of Palestinian life and end the war.

In the ensuring debate, many delegates condemned the attacks on civilians and urged all parties to adhere to international law and humanitarian law and allow humanitarian aid to reach civilians trapped in Gaza.  Some delegates expressed their concerns with the broad reach of the Commission’s work and its open-ended mandate, while others supported the Commission’s work and felt its investigations were well founded.

In the first camp, the representative of the United Kingdom said his delegation regretted the creation of the Commission in May 2021.  His delegation firmly supports human rights and the Commission does not further those goals. Echoing that view, the representative of Albania called the report one-sided and said it does not reflect the destructive role of Hamas and other terrorist groups.  He expressed concern about its unlimited scope and the absence of a time frame for its duration, a view echoed by Hungary’s delegate.

The representative of the European Union, in its capacity as observer, said her delegation did not support the Commission’s creation in May 2021 because of its broad mandate and open-ended scope.  She said the current conflict must be urgently ended and a two-State solution in line with relevant Security Council resolutions achieved.  The representative of Australia said the protection of civilian lives must be the priority, with rules of humanitarian law and international law upheld. A solution to the conflict must be guided by the principles of a just two-State solution.  The Commission’s excessive scope does not support the process of peace.

Among those delegates supporting the Commission’s work and its latest report, the representative of Iraq asked what mechanisms the international community should use to hold the occupying Power responsible for its actions.  Algeria’s delegate asked what steps can be taken in the face of the Security Council’s inaction.  Can the international community depend on international courts or is a special tribunal needed?

Malaysia’s delegate supported the Commission’s work and condemned efforts to discredit its findings.  Israel’s atrocities have been well documented, he said, expressing solidarity with the Palestinians.  The representative of Bangladesh condemned all illegal acts and the culture of impunity enjoyed by Israel.  The representative of Cuba said the United States gives Israel this impunity through its support, while the representative of Iran asked what Member States can do to ensure Israel is included in the annex of the Secretary-General’s report on armed conflict.

Responding, Ms. PILLAY noted that the report was prepared before the 7 October Hamas attack occurred, adding that the Commission has issued a press statement stating there is clear evidence of war crimes, violations of international law and targeting of civilians.  Those responsible must be held accountable.  She noted that many delegates shared the Commission’s focus on the need for justice and accountability when humanitarian law has been violated in Israel and Palestine.  She said the Commission has a unique expanded mandate and the United Nations does not need to create another institution.

Referring to statements that the Commission is biased, she said she served more than eight years as a judge on the International Criminal Tribunal for Rwanda, and many of the same allegations of atrocities were described. “No one accused us of bias,” she said, adding that Commission members have experience in judging these types of crimes.  She appealed to Israel to let the Commission into areas of Palestine, Gaza and the West Bank and let it carry out investigations to ensure justice and accountability.   The Commission’s mandate is to safeguard and share information with courts.  She said Member States must adhere to the international humanitarian laws and conventions they have approved.

Palestinian Territories Occupied since 1967

Ms. ALBANESE, presenting her second report (document A/78/545), said the events of 7 October have marked a major tragic turn in the history of the Occupied Palestinian Territory and Israel.  About 1,400 Israelis and foreign nationals have been killed in Israel, with thousands more injured following brutal attacks by Palestinian paramilitary forces emanating from the occupied Gaza Strip.  Much of what these militants have done against civilians in Israel are war crimes and must be accounted for.  In response, Israeli occupation forces have yet again indiscriminately bombarded the Gaza Strip, hitting entire residential areas, schools, hospitals, mosques and churches and killing around 5,000 people.  Israel has further tightened the unlawful siege of the Gaza Strip, depriving the population of indispensable items of survival at such a critical time, including food, water, energy and medicines.  Starvation as a tool of war is now being waged on the civilian population of Gaza, exposing those who have survived the incessant bombardment to further risk of death or disease.

She highlighted these events as the latest symptom of “the epic failure” of the international community to address decades of Israel’s illegality and impunity and end its “forever occupation”.  Palestinian children, constituting half of the population under occupation, are the prime victims of this system, living in constant fear and despair.  One of the most troubling requests I heard from the children I interviewed for this report was to “ask the world” why it continues to neglect them.  “Are Palestinian children less worthy?”  “Are we less human?”,” she recalled.  For any Palestinian child, living under Israeli occupation is a deeply traumatic experience, she said, adding that Israel deliberately deprives Palestinian children of their fundamental human rights, as part of its drive to impede the development of Palestinian society. Lethal attacks on Palestinians by Israeli soldiers and armed settlers in the West Bank and east Jerusalem, and methodical military assaults against Gaza, epitomize daily hardships and injustices endured by generations of Palestinian children.

She reported that, from 2008 until 6 October 2023, 1,434 Palestinian children were killed, with an additional 32,175 sustaining injuries, primarily at the hands of Israeli occupation forces.  Of these, 1,025 children were killed in Gaza alone since the unlawful blockade began in 2007.  During the same timeframe, 25 Israeli children were killed, mostly by Palestinian assailants, and 524 were injured.  The plight of Palestinian children is amplified by their frequent encounters with Israel’s so-called ‘juvenile military justice system’, a legal oxymoron in itself.  An average of 500 to 700 Palestinian children, as young as 12, are arbitrarily detained by Israeli occupation forces each year.  Palestinian children are often arrested in the middle of the night during violent raids, interrogated without a lawyer or a family member, and subjected to brutal practices and solitary confinement before being charged, sentenced and imprisoned.  Documented mistreatment inflicted upon children often amount to torture.  Israel’s rhetoric and practices, framing Palestinian children as “human shields” or “terrorists” to justify the violence against them and their parents — often amplified in Western discourse — “profoundly dehumanize Palestinian children”, she said.

“Whether in the densely populated besieged Gaza Strip, the impoverished West Bank enclaves or annexed East Jerusalem, generations of Palestinian children have seen their lives reduced to the bare minimum and cut short,” she said, adding that the coercive environment Israel subjects them to leads to the “unchilding” of Palestinian children.  She underscored that many of the Israeli occupation forces’ violations detailed in her report may constitute war crimes and crimes against humanity, urging the international community — including the International Criminal Court — to end the cycle of impunity, bring to justice the perpetrators of all alleged crimes committed there, and ensure Israel’s compliance with international law.

In the ensuing interactive dialogue, delegates condemned the indiscriminate airstrikes in Gaza as well as attacks by Hamas on children.  Some underscored Israel’s right to self-defence, while others called on the occupying Power to take steps towards a two-State solution.

The observer of the State of Palestine said that more than 2,000 Palestinian children have been killed over 18 days in the Gaza Strip and every 15 minutes a child is pulled from the rubble of their home.  Many small hearts are now filled with fear and unbearable pain due to the unrelenting bombardment, she said, calling on the international community to support an immediate ceasefire.  Children in Palestine need only to open their windows to see the wall, apartheid and other human rights violations they experience every day, she added. “Children cannot unsee killing,” cannot unhear the bombing and crying voices of bereaved mothers and they cannot unfeel oppression and loss or restore the sense of family or a school, she said.  This is what parents and grandparents have had to endure for years, she added, underscoring that a child is a child.  All children must be protected and none should be targeted.

The representative of Israel said the Special Rapporteur hides behind the guise of human rights to spread lies about his country following the worst attack on Jewish people since the Holocaust.  She is not independent or unbiased, he said, citing instances of support for the terrorist group Hamas on social media and her use of the term “Jewish lobby”. Worse, at an online conference in Gaza, Ms. Albanese said that resistance to occupation requires violence. Is slicing open a pregnant woman and removing the fetus and stabbing it required violence?  Does it look like 1,400 dead Israelis and kidnapped hostages, he asked.  Condemning the Rapporteur for questioning clear acts of genocide committed by Hamas, he highlighted the irony of her taking offense when her antisemitism is called out.  Israel refuses to engage with her, he said, decrying that the UN empowers an antisemitic voice by providing a platform to spread vitriol.

The representative of Japan emphasized the importance of the release of hostages and de-escalating the situation as soon as possible.  Given the deteriorating humanitarian situation in the Gaza Strip, Japan will give $10 million to international organizations and continue to provide assistance if appropriate.

The representative of South Africa underscored the importance of trusting the independent experts of the UN. The world is witnessing relentless airstrikes on Gaza, a densely populated city where half the population are children as well as a “shockingly high death toll”.  The only way to protect children’s lives is to stop this violence, he said.

The representative of Yemen said that Israel, the occupying Power, continues to target Palestinian children and their families, decrying the destruction of homes as contrary to international law.  He asked how Israel can be held accountable for violating the rights of children. The representative of Jordan said the collective punishment of a besieged population is a war crime.  She asked if the only democracy in the Middle East has continued to block the Special Rapporteur from entering its territory.

The representative of Chile appealed to Israel to respect the rights of girls and boys and respect their obligations under the Convention on the Rights of the Child.  To that end, it is in everyone’s interest to start a dialogue and move toward stability in the region, she said.

The representative of Norway noted that the country strongly condemned Hamas’ terrorist attacks, underscoring that Israel has the right to take proportional measures of self-defence. It must also take measures to reduce civilian casualties and damage, she added, expressing deep concern for the unfolding humanitarian crisis in Gaza, and calling for the restoration of water and electricity to Gaza.

The representative of the European Union, in its capacity as observer, condemned in the strongest possible terms Hamas and it’s brutal and indiscriminate terrorist attacks across Israel, adding that the horrendous death toll of civilians is haunting.  The establishment of a two-State solution is indispensable for peace in the region, she said, noting that the bloc remains committed to supporting a just and lasting peace in line with international law and relevant Security Council resolutions.

The representative of Ireland, aligning with the European Union, expressed grave concern over the situation, reiterating that “even wars have rules”. Ireland calls on all parties to comply with their obligations under international law.  Children should not be targeted and indiscriminate attacks should not take place.  Further, Ireland supports a ceasefire for the delivery of humanitarian aid.

The representative of Lebanon said that parents in Gaza are writing the name of children on their bodies to identify them if they are killed.  She asked, “What is the international community waiting for to stop such bloodshed?”.

The representative of Kuwait said “the time has come to see facts as they are and not as we would like them to be”.  Calling into question the Committee’s commitment to protect human rights while violations take place against the children of Palestine, she called on the international community to respect international humanitarian law.

The representative of Egypt noted that the detention of children is a violation of the right of life.  The situation in the region will not end unless the international community acts.  He asked how to oblige Israel to comply with all resolutions and how to protect the rights of Palestinian children.

In response, Ms. ALBANESE said that Special Rapporteurs are accustomed to attracting criticism from those alleged to engage in violations of international law.  However, issuing attacks on her character is unproductive, she said   If the Israeli delegation feels the report is inaccurate, the country can respond to her calls to be granted access to carry out her mandate more fully, she said.

These tragic circumstances in the Middle East are an opportunity for the international community to act with wisdom and even-handedly, she said.  It is possible to stand in solidarity with Israelis and Palestinians at the same time, as they have both experienced incredible losses, she said.  States, however, are held to different standards than people.  Statements from delegations seem to be out of touch with the reality on the ground, she stressed.  While some States express support for Israel, mentions of a single crime committed against the Palestinian people is lacking, she said, noting that, in 15 days, 5,000 people have been killed in Gaza, a larger amount than in five wars over the past several years.  Self-defence is misplaced here, according to international law, she said, noting that it may be used to repel an attack but it ends there.  The moment Israel started bombing Gaza indiscriminately, confusing civilians with Hamas, they were committing war crimes by indiscriminately targeting civilians and also tightening a blockade.  “The population of Gaza is bleeding,” she said.

While the framework of self-defence is wrong, international human rights law and the UN Charter are the appropriate frameworks here, she said.  According to both, a ceasefire is needed immediately, allowing the entrance of humanitarian aid adequate to the needs of the people.  The UN has the capacity to supervise the delivery of aid without creating a security threat.  Another thing needed is a protective presence in the occupied Palestinian territories, she said, citing increasing settler violence toward Palestinian civilians. The situation will not improve unless international law is applied, she stressed.