Human Rights Council Concludes Interactive Dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, Starts Interactive Dialogue with the High Commissioner for Human Rights on his Global Update

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19 June 2024

The Human Rights Council this afternoon concluded its interactive dialogue with the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, and started an interactive dialogue with the United Nations High Commissioner for Human Rights on his global update.

In the discussion with the Independent International Commission of Inquiry on the Occupied Palestinian Territory, many speakers said the Commission of Inquiry’s report provided evidence of crimes against humanity, war crimes and violations of international human rights law committed by Israel. There had been deplorable attacks on schools, hospitals and cultural sites, and there was evidence of sexual violence and enforced displacement. There was deliberate targeting of women and children, even in safe zones. Speakers condemned these crimes and rejected any justification for them.

Speakers deplored the 7 October attacks against Israel by Hamas, including killings, sexual violence, kidnapping and indiscriminate rocket fire. The report showed that many of these actions amounted to war crimes. Palestinian terrorists continued to hold Israeli civilians hostage. There were calls for the unconditional release of all hostages. Many speakers called for an immediate and sustained ceasefire and called on Israel to implement the provisional measures issued by the International Court of Justice.

In concluding remarks, Navi Pillay, Chair of the Commission of Inquiry, said the Commission’s mandate had been extended and it needed all States’ support to ensure it had adequate resources. Israel needed to allow the Commission access to Gaza to gather first-hand evidence.

Chris Sidoti, Member of the Commission of Inquiry, in concluding remarks, welcomed that Israel had been represented in the dialogue. The speaker for Israel was the mother of a hostage and a speaker from a non-governmental organization was a cousin of a hostage. The Commission wished to speak with these people and other victims directly.

The Independent Commission for Human Rights for the State of Palestine was given the floor as it was unable to speak in the previous meeting because of technical issues.

In the discussion on the High Commissioner’s global update, many speakers spoke about human rights violations in a number of countries mentioned in the global update. Since the March session, there had only been a worsening of conflict, escalations of violence and human suffering. Non-State actors, the international community and all relevant stakeholders had an important role to play in ensuring that peace was attained across nations, regions, and the globe, speakers said.

Some of those speaking expressed concern that religious differences were being exploited for political ends. Racist and hate speech, including the burning of the Qur’an and the targeting of churches and mosques, was highly disturbing. The rise of racism, Islamophobia and far right populist rhetoric was also a concern. Some speakers called on all States to take measures to achieve the goal of peaceful and harmonious existence.

Speaking in the interactive dialogue on the report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel were Malaysia, Syria, Pakistan, Bahrain, Tunisia, Albania, Democratic People’s Republic of Korea, Brazil, Senegal, Cuba, South Africa, Yemen, Oman, Jordan, Zimbabwe, Ghana, Eritrea, Libya, Gambia, Afghanistan, Sudan, New Zealand, Mauritania, Mexico, Uganda, Mozambique, Niger, Lebanon, Honduras, Bolivia, Canada, Republic of Korea, Namibia, Tanzania, Lao People’s Democratic Republic and Venezuela.

Also speaking were the Independent Commission for Human Rights for the State of Palestine, Defence for Children International, United Nations Watch, Al-Haq, Law in the Service of Man, Article 19 – International Centre against Censorship, Institute for NGO Research, Coordinating Board of Jewish Organizations, Jerusalem Institute of Justice, Touro Law Centre, Institute on Human Rights and the Holocaust, Centre for Global Nonkilling and Human Rights Watch.

Speaking in the interactive dialogue on the High Commissioner’s global update were Australia, European Union, Qatar on behalf of the Gulf Cooperation Council, Venezuela on behalf of a group of countries, Pakistan on behalf of the Organization of Islamic Cooperation, Jordan on behalf of the League of Arab States, Russian Federation on behalf of a group of countries, Senegal on behalf of a group of countries, United Kingdom on behalf of a group of countries, China on behalf of a group of countries, Gambia on behalf of the Group of African States, Côte d’Ivoire on behalf of a group of countries, Namibia on behalf of a group of countries, Türkiye, Luxembourg, Peru, Ecuador, Estonia, China, Portugal, Italy, Chile, Czechia, Lesotho, Finland, Sri Lanka, Norway, Lithuania, Kuwait, Zambia, Qatar, Morocco, Costa Rica, Armenia, Ireland, Latvia, Mexico, Egypt, Indonesia, United Arab Emirates, Japan, Maldives, Netherlands, France, Greece, Belgium, Honduras, Algeria, Ethiopia, Slovenia, Republic of Korea, United States, Spain, Iraq, Israel and Uganda.

The webcast of the Human Rights Council meetings can be found here All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-sixth regular session can be found here.

Interactive Dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel

The interactive dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, started in the previous meeting and a summary can be found here.

Statement by the National Human Rights Institution of the State of Palestine

The President of the Council gave the floor to the national human rights institution of the State of Palestine, which was unable to speak in the previous meeting because of a technical problem.

Independent Commission for Human Rights for the State of Palestine, said that innocent civilians in Gaza had been enduring a continuous, live-streamed “7 October” experience, multiplied thousands of times daily for over nine months due to the atrocities committed by the occupying power. Tragically, the entire world was watching without taking tangible steps to provide protection. To date, over 37,000 individuals had been killed, over 70 per cent of whom were children and women. Additionally, more than 82,627 people had sustained injuries. Approximately 10,000 individuals were forcibly disappeared, most of whom were presumed to be trapped under the rubble of destroyed buildings. Over 2 million people had been forced to abandon their homes. The infrastructure of Gaza had been systematically dismantled.

This widespread devastation aligned with article II of the Genocide Convention, which defined genocidal acts as those intended to destroy a group. Immediate action needed be taken to protect the people in Gaza. Half of the population, more than one million people, were expected to face death and starvation by the middle of July. This dire prediction underscored the urgent need for swift and decisive intervention. The Commission emphasised the report’s recommendation on the necessity of invoking Chapter VII of the United Nations Charter to end the aggression. There was an urgent need for an immediate ceasefire and the unconditional entry of humanitarian aid to save the people of Gaza.

Discussion

Continuing the discussion, some speakers, among other things, condemned the escalating situation in the occupied Palestinian territory. The Commission of Inquiry’s report provided evidence of crimes against humanity, war crimes and violations of international human rights law committed by Israel. Thousands of Palestinians had been killed and injured, most of them women and children. Israel was using indiscriminate, disproportionate military force to collectively punish civilians. There had been deplorable attacks on schools, hospitals and cultural sites, and there was evidence of sexual violence and enforced displacement. There was deliberate targeting of women and children, even in safe zones. Speakers condemned these crimes and rejected any justification for them. Some speakers defined Israel’s actions as collective punishment of the Palestinian people, others as genocide. Speakers expressed condolences for the loss of life and the suffering felt by civilians affected by the conflict.

The occupying power needed to stop its aggression on Gaza, some speakers said. The situation in Gaza today was tragic, one speaker said, with 1.5 million Palestinians having been displaced. Many speakers condemned the siege of the Gaza Strip, which had cut off access to food, water, health and other rights for the Palestinian people. Hunger was being used as a weapon of war. Some speakers condemned the blockade on humanitarian aid to Gaza and called on Israel to remove it. They also expressed concern about the increased repression of civic space and the expansion of settlements in the West Bank. Many called for the unconditional release of all hostages.

Over 5,000 children had been killed in the conflict, some speakers said. Israeli forces had killed over 50 Palestinian children in the West Bank. No Israeli authorities had been held accountable. Palestinian children were also being held indefinitely without trial.

Speakers deplored the 7 October attacks against Israel by Hamas, including killings, sexual violence, kidnapping, and indiscriminate rocket fire. Palestinian terrorists continued to hold Israeli civilians hostage. The report showed that many of these actions amounted to war crimes. The Palestinian people should not be collectively punished, however, for the actions of Hamas, one speaker said.

The United States was irresponsible in supporting Israel’s actions, some speakers said. This support had allowed Israel to carry out crimes against humanity with impunity. One speaker said that certain States were hampering the United Nations’ ability to provide humanitarian aid for the Palestinian people.

A number of speakers said accusations made against Israel were false. Israel had allowed the delivery of several thousands of tonnes of humanitarian aid since the start of the conflict. The Israeli military targeted only terrorist militias, not civilians. The report ignored the plight of hostages taken by Hamas and did not mention the terrorist group’s tunnels. It downplayed the actions of Hamas and other Palestinian terrorist groups. The report unjustly vilified Israel and called upon only Israel to provide reparations. One speaker described the report as anti-Semitic, because it called the creation of Israel, a Jewish State, a “catastrophe”.

Many speakers called for an immediate and sustained ceasefire and called on Israel to implement the provisional measures issued by the International Court of Justice. All parties needed to respect international humanitarian law. There was a need to address impunity for all human rights violations. Strong, independent accountability mechanisms were needed. There needed to be an effective international intervention. Some speakers welcomed the Security Council resolution adopted on 10 June, which focused on the release of hostages and de-escalation, and called for its implementation.

Some speakers expressed support for a two-State solution and the establishment of an independent Palestinian State based on the pre-1967 borders, with East Jerusalem as its capital. The international community needed to exert efforts to achieve lasting peace in the region, which some speakers said could only be achieved through Palestinian self-determination. Palestinians needed States to refrain from supporting the conflict. One speaker proposed holding an international conference on the question of Palestine.

A number of speakers expressed support for the work of the Commission of Inquiry and rejected attacks on the Commission and attempts to intimidate its members, calling on the international community to ensure that it could fulfil its mandate effectively. These speakers condemned Israel’s lack of cooperation with the Commission. The Commission needed the resources required to fulfil its mandate and promote accountability and justice. The Council needed to devote efforts to ensuring accountability for the crimes committed in the region. Only a genuine political process backed by both Israeli and Palestinian authorities could lead to genuine peace in the Middle East.

Speakers asked how States could fortify efforts to ensure accountability for perpetrators of human rights abuses; and asked why the report did not mention the actions of Iran.

Concluding Remarks

NAVI PILLAY, Chair of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East-Jerusalem, and in Israel, said the Commission’s mandate had been extended and it needed all States’ support to ensure it had adequate resources. There were comments in the dialogue that the Commission had not investigated certain situations sufficiently. This indicated that States and non-governmental organizations had information that the Commission could not access. She called on them to provide this information to the Commission. Israel needed to allow the Commission access to Gaza to gather first-hand evidence.

There was no equivalence between the 7 October attacks and the situation in Gaza since. The Commission had tabled a detailed account of all violations occurring on 7 October. However, the sheer scale of violations occurring in Gaza made it difficult to compile data on them. The Commission had done its best to do so in the annexes to the report. This was the Commission’s fifth report, and all its reports had assessed issues of accountability. It would continue to support efforts toward peace and accountability.

CHRIS SIDOTI, Member of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East-Jerusalem, and in Israel, thanked Member States for participating in the dialogue in large numbers and at a high level. Only Australia and Canada continued to express reservations about the Commission’s mandate. It was welcome that Israel had been represented in the dialogue. The speaker for Israel was the mother of a hostage and a speaker from a non-governmental organization was a cousin of a hostage. The Commission wished to speak with these people and other victims directly.

The Commission cooperated with the International Criminal Court, the International Court of Justice and other international bodies. Accountability was key to moving forward. This needed to be achieved based on international law. The current crisis in Israel and Palestine was a result of human decisions and human decisions could be made to end it.