{"id":297182,"date":"2024-06-19T12:42:14","date_gmt":"2024-06-19T16:42:14","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?post_type=document&#038;p=297182"},"modified":"2024-06-21T09:18:17","modified_gmt":"2024-06-21T13:18:17","slug":"commission-of-inquiry-pr-hrc-19jun24","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/commission-of-inquiry-pr-hrc-19jun24\/","title":{"rendered":"Commission of Inquiry on the Occupied Palestinian Territory Concludes that Israeli Authorities and Hamas Are Both Responsible for War Crimes &#8211; UN Human Rights Council"},"content":{"rendered":"<p>19 June 2024<\/p>\n<p>The Human Rights Council this morning started an interactive dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel.<\/p>\n<p>Navi Pillay, Chair of the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, said since 7 October, the Commission had carried out two parallel investigations: first, into attacks by Hamas and other Palestinian armed groups in Israel on 7 and 8 October and, second, into Israeli military operations and attacks in Gaza between 7 October and 31 December.<\/p>\n<p>In relation to Israel\u2019s military operations and attacks in Gaza from 7 October, the Commission concluded that Israeli authorities were responsible for war crimes, crimes against humanity and violations of international humanitarian and human rights law.\u00a0 Israel\u2019s total siege of the Gaza Strip had weaponised the provision of life-sustaining necessities for strategic and political gains, including through cutting off supplies of water, food, electricity, fuel and other essential supplies, including humanitarian assistance.\u00a0 The Commission found Israeli forces committed sexual and gender-based violence with the intent to humiliate and further subordinate the Palestinian community.<\/p>\n<p>In relation to the attack of 7 October 2023 in Israel, the Commission found that Hamas and other Palestinian armed groups were responsible for the war crimes of intentionally directing attacks against civilians, murder or wilful killing, torture, inhuman or cruel treatment, destroying or seizing the property of an adversary, outrages upon personal dignity, and taking hostages.\u00a0 Children were killed, injured and physically and emotionally mistreated and instrumentalised by attackers for propaganda purposes.\u00a0 The Commission identified patterns indicative of sexual violence and concluded that these were not isolated incidents but perpetrated in similar ways in several locations by Palestinian perpetrators, primarily against Israeli women.\u00a0 The Commission would continue its investigations into all crimes under international law with the aim of achieving justice and accountability.<\/p>\n<p>A representative from Israel, speaking as a country concerned, said she was the mother of a 23-year-old woman who was shot by Hamas on 7 October.\u00a0 \u00a0She was brutally dragged by her hair from the car along the road.\u00a0 That was 257 days ago, and 119 hostages were still being held incommunicado in the Gaza Strip to this day.\u00a0 Since 7 October, the world had been confronted with the grim reality of sexual violence which occurred on the date.\u00a0 However, the report of the Commission of Inquiry had failed to address these accounts.\u00a0 The recent report of the Commission trivialised the sexual violence experienced by the Israeli hostages.\u00a0 The enforced disappearances of the hostages by Hamas constituted cruel and inhumane treatment, a reality completely overlooked by the Commission of Inquiry.\u00a0Everyone should be on the same side, the side against hostage-taking.<\/p>\n<p>State of Palestine, speaking as a country concerned, said the number of deaths in Gaza had reached more than 37,400 and there were more than 80,000 wounded, 72 per cent of whom were women and children.\u00a0 In the West Bank, there were 553 dead, including 130 children, and more than 5,200 wounded, and there were more than 9,000 detainees since 7 October, of whom 3,700 were still in Israeli prisons, including 640 children.\u00a0 In addition to the daily and continuous attacks by the occupation\u2019s army, other violations had been committed against the residents of Jerusalem, including the continued theft of land, the construction of settlements, the theft of Palestinian funds, and the threat of punitive measures.\u00a0 The occupying power continued its aggression and the war of genocide against the Palestinian people, and this was confirmed in the report.<\/p>\n<p>In the discussion, many speakers, among other things, said the report reflected the dire situation in the occupied Palestinian territories, noting war crimes and crimes against humanity.\u00a0 Many speakers condemned the actions of the Israeli forces against the Palestinian people.\u00a0 Around 38,000 persons had died in the conflict, most of whom were women and children.\u00a0 Israel needed to cease the targeting of civilian infrastructure and civilians.\u00a0Some speakers noted massive human rights violations by Israeli authorities in Gaza, Jerusalem and the West Bank, including acts of torture, sexual violence, forced displacement and settler violence.\u00a0 Some speakers condemned Hamas and its 7 October attacks.\u00a0 The report showed that Hamas had committed war crimes, violations of international humanitarian law and crimes against humanity, including widespread sexual violence.\u00a0 Many speakers called for the immediate and unconditional release of all hostages.\u00a0They said all parties to the conflict needed to fully implement a permanent ceasefire without delay and respect international law.<\/p>\n<p>&#8230;<\/p>\n<p>Speaking in the discussion on the occupied Palestinian territory were Australia, Norway on behalf of a group of countries, European Union, Venezuela on behalf of a group of countries, Qatar on behalf of the Gulf Cooperation Council, Pakistan on behalf of the Organization of Islamic Cooperation, Jordan on behalf of the League of Arab States, Uganda on behalf of the Non-Aligned Movement, Chile on behalf of a group of countries, Norway on behalf a group of countries, Gambia on behalf of a group of African States, T\u00fcrkiye, Chile, Kuwait, Egypt, Ireland, Sierra Leone, Indonesia, Qatar, United Arab Emirates, Japan, Morocco, Liechtenstein, Maldives, Luxembourg, France, Germany, Algeria, Belgium, Slovenia, Saudi Arabia, Netherlands, Spain, Iraq, Bangladesh, Colombia, Iran, Russian Federation and China.<\/p>\n<p>&#8230;<\/p>\n<div class=\"video-shortcode\"><iframe title=\"UN Commission of Inquiry Exposes War Crimes in Gaza and Israel at Human Rights Council\" width=\"1320\" height=\"743\" src=\"https:\/\/www.youtube.com\/embed\/pG4-U5AGMpo?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/div>\n<p style=\"text-align: center\"><strong>Interactive Dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel<\/strong><\/p>\n<p style=\"text-align: center\"><strong>Report<\/strong><\/p>\n<p>The Council has before it the report of the\u00a0Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel\u00a0<a href=\"https:\/\/www.un.org\/unispal\/document\/coi-report-a-hrc-56-26-27may24\/\" target=\"_blank\" rel=\"noopener\">A\/HRC\/56\/26<\/a><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Presentation by the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel<\/strong><\/p>\n<p>NAVI PILLAY,\u00a0Chair of the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, said in the eight months since 7 October, tens of thousands of children, women and men had been killed and injured \u2013 Palestinians, Israelis and citizens of other States.\u00a0 Thousands of Palestinians had been detained and were being held incommunicado, and 120 Israeli hostages were still held in Gaza.\u00a0 Since 7 October, the Commission had carried out two parallel investigations: first, into attacks by Hamas and other Palestinian armed groups in Israel on 7 and 8 October and, second, into Israeli military operations and attacks in Gaza between 7 October and 31 December.\u00a0 The findings of these investigations were summarised in the report and in the two conference room papers.\u00a0 Israel had a right to protect its citizens from violence by Palestinian armed groups, but in doing so, it must comply with international law.\u00a0 Hamas and Palestinian armed groups must also comply with international law.<\/p>\n<p>In relation to Israel\u2019s military operations and attacks in Gaza from 7 October, the Commission concluded that Israeli authorities were responsible for war crimes, crimes against humanity, and violations of international humanitarian and human rights law, including extermination, intentionally directing attacks against civilians, murder or wilful killing, using starvation as a method of war, forcible transfer, gender persecution, sexual and gender-based violence amounting to torture, and cruel or inhuman treatment.\u00a0 Israel\u2019s \u201ctotal siege\u201d of the Gaza Strip had weaponised the provision of life-sustaining necessities for strategic and political gains including through cutting off supplies of water, food, electricity, fuel and other essential supplies, including humanitarian assistance.\u00a0 It constituted collective punishment, disproportionately impacting pregnant women and persons with disabilities, and was causing grave harm to children, including starvation-related deaths.\u00a0 The deliberate use of heavy weapons in densely populated areas constituted an intentional attack on the civilian population.<\/p>\n<p>The Commission found Israeli forces committed sexual and gender-based violence with the intent to humiliate and further subordinate the Palestinian community.\u00a0 The Commission concluded that specific forms of sexual and gender-based violence constituted part of Israeli Security Forces\u2019 operating procedures.\u00a0 The blatant disregard for international law across the entire occupied Palestinian territory had disproportionately impacted Palestinian children.\u00a0 In Gaza, Israeli Security Forces had killed and maimed tens of thousands of children, and thousands more likely remain under the rubble.\u00a0 Israeli attacks had also severely impacted infrastructure essential for children\u2019s wellbeing, including hospitals, schools and basic services.<\/p>\n<p>In relation to the attack of 7 October 2023 in Israel, the Commission found that Hamas and other Palestinian armed groups were responsible for the war crimes of intentionally directing attacks against civilians, murder or wilful killing, torture, inhuman or cruel treatment, destroying or seizing the property of an adversary, outrages upon personal dignity and taking hostages.\u00a0 Children were killed, injured and physically and emotionally mistreated and instrumentalised by attackers for propaganda purposes.\u00a0 The Commission identified patterns indicative of sexual violence and concluded that these were not isolated incidents but perpetrated in similar ways in several locations by Palestinian perpetrators, primarily against Israeli women.<\/p>\n<p>The Security Council passed a resolution last week calling for an immediate, full and complete ceasefire. The Commission reiterated that call and called for a complete cessation of hostilities.\u00a0 The Commission reminded all parties that they must adhere fully to international humanitarian law and international human rights law in protecting civilians and civilian objects.\u00a0 The attacks against United Nations agencies and humanitarian actors must stop.\u00a0 The Commission would continue its investigations into all crimes under international law with the aim of achieving justice and accountability.<\/p>\n<p>The Commission had requested Israel to ensure the Commission\u2019s immediate access to the Gaza Strip to investigate and preserve evidence, in compliance with the order of the International Court of Justice on 24 May.\u00a0Israel had ignored the request.\u00a0The Commission welcomed and was cooperating with accountability processes in the International Court of Justice and the International Criminal Court.\u00a0 The Commission also welcomed the listing of all parties to the conflict in the 2023 Secretary-General\u2019s report on children and armed conflict for committing grave child rights violations in the occupied Palestinian territory and Israel.\u00a0The listed parties needed to immediately end all the grave violations against children.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Statements by Concerned Countries<\/strong><\/p>\n<p>A <strong>Representative of Israel<\/strong>, speaking as a country concerned, said she was the mother of a 23-year-old woman who was shot by Hamas on 7 October.\u00a0 She was brutally dragged by her hair from the car along the road.\u00a0 That was 257 days ago. and 119 hostages were still being held incommunicado in the Gaza Strip to this day.\u00a0 Since 7 October, the world had been confronted with the grim reality of sexual violence which occurred on the date.\u00a0 However, the report of the Commission of Inquiry had failed to address these accounts.\u00a0 The recent report of the Commission of Inquiry trivialised the sexual violence experienced by the Israeli hostages. These were deeply insensitive and indicative of a broader problem; the reluctance to face an uncomfortable truth.\u00a0The testimonies of the released hostages had been overlooked by the report.<\/p>\n<p>Energy and resources should be secured towards the release of the hostages and the rehabilitation of the victims.\u00a0 Her daughter had a family that were dedicating their entire lives to her release.\u00a0 This was true to all hostages being held in Gaza without information on their conditions, health and status.\u00a0 The enforced disappearances of the hostages by Hamas constituted cruel and inhumane treatment, a reality completely overlooked by the Commission of Inquiry.\u00a0Everyone should be on the same side, the side against hostage-taking.\u00a0 More could be done for the hostages.\u00a0 She implored the Council to help her hug her daughter again.<\/p>\n<p><strong>State of Palestine,<\/strong> speaking as a country concerned, said the number of deaths in Gaza had reached more than 37,400 and there were more than 80,000 wounded, 72 per cent of whom were women and children.\u00a0 In the West Bank, there were 553 dead, including 130 children, and more than 5,200 wounded, and there were more than 9,000 detainees since 7 October, of whom 3,700 were still in Israeli prisons, including 640 children.\u00a0 In addition to the daily and continuous attacks by the occupation\u2019s army, other violations had been committed against the residents of Jerusalem, including the continued theft of land, the construction of settlements, the theft of Palestinian funds, and the threat of punitive measures.\u00a0 The occupying power continued its aggression and the war of genocide against the Palestinian people, and this was confirmed in the report.<\/p>\n<p>The report referred to the forcible displacement of more than 1,700,000 people and the Commission considered that this act also constituted a war crime.\u00a0 The Commission found that crimes against humanity, war crimes and genocide were committed against Palestinian civilians on racial, national, ethnic, cultural, religious and gender grounds.\u00a0 States needed to assume their responsibilities under the Geneva Conventions, namely the need to conduct investigations of such crimes under domestic and universal jurisdiction, as well as to fully support and cooperate with the investigation conducted by the International Criminal Court.\u00a0 States needed to stop the transfer of weapons to Israel.<\/p>\n<p>&nbsp;<\/p>\n<p style=\"text-align: center\"><strong>Discussion<\/strong><\/p>\n<p>In the discussion, many speakers, among other things, said the report reflected the dire situation in the occupied Palestinian territories, noting war crimes and crimes against humanity.\u00a0 Many speakers condemned the actions of the Israeli forces against the Palestinian people.\u00a0 Around 38,000 persons had died in the conflict, most of whom were women and children.\u00a0Israeli attacks lacked distinction and proportionality and were in total disregard for the decisions of the United Nations Security Council and the International Court of Justice.\u00a0 Heavy weaponry was destroying overpopulated areas, causing massive damage to the civilian population.\u00a0 Israel needed to cease the targeting of civilian infrastructure and civilians.<\/p>\n<p>A number of speakers noted massive human rights violations by Israeli authorities in Gaza, Jerusalem and the West Bank, including acts of torture, sexual violence, forced displacement and settler violence.\u00a0 These actions constituted collective punishment of the Palestinian people, one speaker said.\u00a0 Some speakers called for an investigation into sexual and gender-based violence committed during the conflict.\u00a0 These war crimes aimed to degrade their victims.\u00a0 Some speakers further expressed concern about the disproportionate impact of the conflict on children.<\/p>\n<p>Some speakers described attacks in Gaza as genocidal.\u00a0Attacks in the past months in Gaza by Israel had been unbearable, one speaker said.\u00a0 The daily deaths in Gaza had already exceeded those of all other conflicts in the twenty-first century.\u00a0 Speakers also expressed concern about the expansion of settlements in the West Bank, which undermined the two-State solution.\u00a0 Violence committed by certain settlers against the Palestinian people was unacceptable and perpetrators needed to be held accountable.\u00a0Speakers opposed the forcible relocation of the Palestinian people.<\/p>\n<p>Some speakers condemned Hamas and its 7 October attacks.\u00a0The report showed that Hamas had committed war crimes, violations of international humanitarian law, and crimes against humanity, including widespread sexual violence.\u00a0 Many speakers called for the immediate and unconditional release of all hostages.\u00a0 Some speakers said that Israel had a right to defend its territory, but this right needed to be exercised in accordance with international humanitarian law.\u00a0 Other speakers said the attacks did not justify Israel\u2019s disproportionate response.<\/p>\n<p>A number of speakers condemned the non-cooperation of the Israeli authorities with the Commission of Inquiry and the prohibition preventing the Commission of Inquiry from entering the Gaza Strip.\u00a0 These speakers called on Israel to cooperate with the Commission\u2019s mandate.<\/p>\n<p>Many speakers said all parties to the conflict needed to fully implement a permanent ceasefire without delay and respect international law.\u00a0 Ending the Gaza crisis and settler violence in the West Bank and East Jerusalem was crucial.\u00a0 There was a need to examine the root causes of the conflict and address them.<\/p>\n<p>Many speakers called for accountability for the crimes committed against the Palestinian people.\u00a0 Reparations needed to be provided for the crimes committed by the occupying power.\u00a0 Israel needed to allow the delivery of humanitarian aid to the Palestinian people.\u00a0Restrictions on aid were causing famine.\u00a0The speakers called on Israel to respect the rulings and provisional measures implemented by the International Court of Justice and the mandate of the Commission and all competent international mechanisms.\u00a0 All States needed to cooperate with the investigations of the International Criminal Court.\u00a0 A negotiated political solution was needed to bring about peace.<\/p>\n<p>Some speakers welcomed the adoption of relevant Security Council resolutions, including the recently adopted resolution 2735, and called for their implementation.\u00a0 All States needed to cooperate with the United Nations.\u00a0 A number of speakers condemned any form of reprisals against Special Procedures for speaking out against Israeli crimes.<\/p>\n<p>Speakers asked questions on how Member States could strengthen accountability mechanisms; how the United Nations\u2019 liquidity crisis affected the Commission\u2019s mandate; how the Commission was cooperating with international courts; and whether the Commission had found evidence of collective punishment of the Palestinian people.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>19 June 2024 The Human Rights Council this morning started an interactive dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel. Navi Pillay, Chair of the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, said since 7 October, the Commission had <a href=\"https:\/\/www.un.org\/unispal\/document\/commission-of-inquiry-pr-hrc-19jun24\/\"> [&#8230;]<\/a><\/p>\n","protected":false},"author":299,"featured_media":0,"parent":0,"template":"","meta":{"footnotes":""},"country":[897,1593],"document-category":[1329],"document-source":[6815,1602,6789],"committee-meeting":[],"document-subject":[2517,1769,1829,2265,2033,5811,2005,6848,1741,1745,6901,6245,6844,1841],"entity":[1729],"document-language":[6542],"class_list":["post-297182","document","type-document","status-publish","hentry","country-israel","country-palestine-state-of","document-category-press-release","document-source-commission-of-inquiry-on-the-occupied-palestinian-territory","document-source-human-rights-council","document-source-united-nations-independent-international-commission-on-the-opt-including-e-jerusalem-and-israel","document-subject-access-and-movement","document-subject-armed-conflict","document-subject-casualties","document-subject-ceasefire","document-subject-children","document-subject-convention-genocide","document-subject-gaza-strip","document-subject-hostages","document-subject-human-rights-and-international-humanitarian-law","document-subject-refugees-and-displaced-persons","document-subject-sexual-violence","document-subject-violence","document-subject-war-crimes","document-subject-women","entity-united-nations-system","document-language-english"],"_links":{"self":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document\/297182","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document"}],"about":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/types\/document"}],"author":[{"embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/users\/299"}],"version-history":[{"count":9,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document\/297182\/revisions"}],"predecessor-version":[{"id":297254,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document\/297182\/revisions\/297254"}],"wp:attachment":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/media?parent=297182"}],"wp:term":[{"taxonomy":"country","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/country?post=297182"},{"taxonomy":"document-category","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-category?post=297182"},{"taxonomy":"document-source","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-source?post=297182"},{"taxonomy":"committee-meeting","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/committee-meeting?post=297182"},{"taxonomy":"document-subject","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-subject?post=297182"},{"taxonomy":"entity","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/entity?post=297182"},{"taxonomy":"document-language","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-language?post=297182"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}