In relation to the terror attack of 7 October in Israel, the UN Commission concludes on reasonable grounds that terrorists of the military wings of Hamas and of other Palestinian militant groups, as well as some Palestinian civilians are directly participating in the hostilities, deliberately killings, tooking hostages and committed sexual violence against womens. These actions constitute war crimes and violations and abuses of IHL and IHRL.
In the course of Israel’s retaliatory invasion of Gaza, which began about a week after the terror attack on Oct. 7, the Commission also accused Israel of war crimes, particularly crimes against humanity, and violations of international humanitarian and human rights law.
The commission added that, Israeli forces have committed war crimes and violated international humanitarian and human rights law, and there are “reasonable grounds” to conclude Hamas and IDF have done the same, a UN inquiry concluded in a report released on june 13.
The report, which covers Hamas’ Oct. 7th terror attacks on Israeli civilians and the initial phase of Israel’s retaliation, was produced by the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (Commission). The UN Human Rights Council established the Commission in 2021 to monitor human rights and humanitarian concerns in the region.
On its findings, the Commission reported:
The immense numbers of civilian casualties and widespread destruction of civilian objects and crucial civilian infrastructure are 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.
The report also accused Israel of using “starvation as a method of war” against the people of Gaza. In February of this year, the World Health Organization (WHO) warned of a surge in malnutrition cases among children and pregnant/breastfeeding women. The Commission urged both factions to end hostilities and prioritize the health and well-being of civilians. Following the report’s release, Israeli diplomats accused UN Commission of “systematic anti-Israeli discrimination.”
The brutal terror attack of 7 October by Hamas on communities in southern Israel marked a “clear turning point” for both Israelis and Palestinians and presents a “watershed moment” that can 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, invoking painful trauma of past persecution not only for Israeli Jews but for Jewish people everywhere.
For Palestinians, Israel’s military operation and attack in Gaza have 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 commission also included an selective and unlogical conclusion that for ending the 'unlawful' Israeli occupation of Gaza; discrimination, oppression and the denial of the right to self-determination of the Palestinian people, and guaranteeing peace and security for Israeli and Palestinians. The only way to stop the recurring cycles of aggression and retribution by both sides, is to ensure strict adherence to international law.