Commission of Inquiry on the Occupied Palestinian Territory Concludes that Israeli Authorities and Hamas Are Both Responsible for War Crimes

Human Rights Council Concludes Dialogue with the Independent International Fact-Finding Mission for Sudan 

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. It also concluded the interactive dialogue with the Independent International Fact-Finding Mission for Sudan.

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.

In relation to Israel’s 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. Israel’s 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. The Commission found Israeli forces committed sexual and gender-based violence with the intent to humiliate and further subordinate the Palestinian community.

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. Children were killed, injured and physically and emotionally mistreated and instrumentalised by attackers for propaganda purposes. 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. The Commission would continue its investigations into all crimes under international law with the aim of achieving justice and accountability.

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. She was brutally dragged by her hair from the car along the road. That was 257 days ago, and 119 hostages were still being held incommunicado in the Gaza Strip to this day. Since 7 October, the world had been confronted with the grim reality of sexual violence which occurred on the date. However, the report of the Commission of Inquiry had failed to address these accounts. The recent report of the Commission trivialised the sexual violence experienced by the Israeli hostages. The enforced disappearances of the hostages by Hamas constituted cruel and inhumane treatment, a reality completely overlooked by the Commission of Inquiry. Everyone should be on the same side, the side against hostage-taking.

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. 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. In addition to the daily and continuous attacks by the occupation’s 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. The occupying power continued its aggression and the war of genocide against the Palestinian people, and this was confirmed in the report.

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. Many speakers condemned the actions of the Israeli forces against the Palestinian people. Around 38,000 persons had died in the conflict, most of whom were women and children. Israel needed to cease the targeting of civilian infrastructure and civilians. Some 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. Some speakers condemned Hamas and its 7 October attacks. The report showed that Hamas had committed war crimes, violations of international humanitarian law and crimes against humanity, including widespread sexual violence. Many speakers called for the immediate and unconditional release of all hostages. They said all parties to the conflict needed to fully implement a permanent ceasefire without delay and respect international law.

At the beginning of the meeting, the Council concluded the interactive dialogue with the Independent International Fact-Finding Mission for Sudan, which began yesterday. A summary can be viewed here.

In closing remarks, Joy Ngozi Ezeilo, member of the Independent International Fact-Finding Mission for Sudan, said the municipal justice ecosystem in Sudan was fragile, fragmented and in transition. There was a history of unfinished accountability. The justice needs were vast, and accountability was crucial within both the municipal justice system and international human rights mechanisms.

Mona Rishmawi, member of the Independent International Fact-Finding Mission for Sudan, said the international community could support the Mission’s work by providing it with information, facilitating access to victims of human rights violations, pressuring belligerent parties to put an end to the conflict, and by supporting civil society to provide assistance to the victims of the conflict.

In the discussion, some speakers, among other things, thanked the Fact-Finding Mission for its work so far, and recognised the difficult circumstances under which the Mission had to start working. They expressed their grave concern about continuous reports of mass violence against civilians, especially women and children, including sexual and gender-based violence and ethnic cleansing, resulting in millions of internally displaced persons and refugees. Millions of civilians had been tortured, attacked and killed. Some speakers emphasised that the resolution of the conflict needed to be through peaceful means and owned by the Sudanese themselves, including national mechanisms. Going against the Government’s will and imposing a human rights mechanism would only cause division and further complicate the problem. It was important for the international community to respect the sovereignty and independence of Sudan.

Speaking in the discussion on Sudan were Sri Lanka, Türkiye, United Kingdom, France, Germany, Algeria, Belgium, Spain, Ethiopia, China, Netherlands, United States, Saudi Arabia, Iraq, Burundi, Iran, Russian Federation, Nigeria, Malta, Belarus, Syria, Bahrain, Tunisia, Albania, Democratic People's Republic of Korea, Yemen, Jordan, Switzerland, Luxembourg, Ghana, Eritrea, Libya, Venezuela, South Africa, Morocco, Mauritania, Chad, Cameroon, Senegal, Uganda, South Sudan, Ukraine and Bangladesh.

Also speaking were Elizka Relief Foundation, Commission of the Churches on International Affairs of the World Council of Churches, Committee for Justice, Centre du Commerce International pour le Développement, East and Horn of Africa Human Rights Defenders Project, Christian Solidarity Worldwide, Reseau de Formation et de Recherche sur les Migrations Africaines, Caritas Internationalis (International Confederation of Catholic Charities), Human Rights Watch, Maat for Peace and Interfaith International.

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, Türkiye, 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.

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.

The Council will reconvene at 3 p.m. to conclude the interactive dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel. The Council will then hold an interactive dialogue on the global update of the United Nations High Commissioner for Human Rights.

Interactive Dialogue with the Independent International Fact-Finding Mission for Sudan

The interactive dialogue with the Independent International Fact-Finding Mission for Sudan started in the previous meeting and a summary can be found here.

Discussion

In the discussion, some speakers, among other things, thanked the Fact-Finding Mission for its work so far, and recognised the difficult circumstances under which the Mission had to start working. The United Nations liquidity crisis had had a negative impact on the Mission, leaving it understaffed. More than ever, independent mechanisms were needed to monitor and document the atrocities repeatedly committed by both sides of the conflict in Sudan. As such, the work of the Mission was crucial and sent a message to the Sudanese population that they would not be forgotten, and that accountability would arise. Many speakers stated that they supported the renewal of the Mission’s mandate.

Many speakers expressed their grave concern about continuous reports of mass violence against civilians, especially women and children, including sexual and gender-based violence and ethnic cleansing, resulting in millions of internally displaced persons and refugees. For over a year, the world had born witness to harrowing atrocities committed against the people of Sudan. The accounts since the start of the conflict grew ever more horrifying and had led to the largest displacement crisis in the entire world.

Millions were on the run and millions were facing famine. The warring parties continued their selfish agendas of seeking military victory with no regard to upholding the basic rights of the Sudanese people. Millions of civilians had been tortured, attacked and killed. Almost 10.8 million people had been displaced. Eighteen million people faced acute food insecurity, including 14 million children, and starvation had been instrumentalised as a weapon of war. Speakers expressed alarm at the escalation of fighting in El Fasher in densely populated areas. It was time to silence the guns.

Many speakers reaffirmed their solidarity with Sudan at this critical juncture. Regional and international efforts aimed at de-escalation were welcomed. All parties were urged to prioritise the safety and well-being of civilians by implementing an immediate ceasefire. It was unacceptable that civilians continued to be targeted in this conflict. This ceasefire would be the foundation to address the root causes of the conflict and achieve justice, reconciliation, stability and lasting peace. Some speakers called for the implementation of the Jeddah agreement to protect civilians. Further efforts needed to be made to intensify humanitarian assistance to reach those in need. Those speaking underscored that they supported all initiatives which could bring an end to hostilities. Dialogue was the best option available and was key to achieving peace.

A number of speakers underscored that all human rights violations should be investigated, perpetrators held accountable, and victims should receive reparations. Accountability must go hand in hand with finding a political solution to the horrific war. Some speakers urged countries supplying weapons to Sudan's warring parties to stop this supply. The international community was called upon to ensure that the Fact-Finding Mission was appropriately staffed and able to complete field missions. The Sudanese Government was urged to continue cooperation with the Office of the High Commissioner for Human Rights and other human rights mechanisms to achieve lasting peace.

Comprehensive humanitarian aid and debt relief were vital, as they would free up resources for development and reconstruction. Member States should support the efforts of Sudan towards durable peace, reconciliation and development. It was vital for all parties to ensure rapid, safe, unhindered and sustained access for cross-border and crossline humanitarian assistance for United Nations agencies, including by removing bureaucratic and other impediments.

Some speakers emphasised that the resolution of the conflict needed to be through peaceful means and owned by the Sudanese themselves, including national mechanisms. Going against the Government’s will and imposing a human rights mechanism would only cause division and further complicate the problem. It was important for the international community to respect the sovereignty and independence of Sudan. Some speakers called on non-interference in the jurisdiction of Sudan and commended Sudan’s cooperation with human rights mechanisms. The Office of the High Commissioner for Human Rights was called on to continue to provide Sudan with technical support.

Questions asked to the Mission included what more could the international community do to make sure the perpetrators of these crimes were held accountable? How could local organizations be supported to continue work to document facts on the ground? What could the Mission recommend to stop the conflict from spreading?

Concluding Remarks

JOY NGOZI EZEILO, Member of the Independent International Fact-Finding Mission for Sudan, said the municipal justice ecosystem in Sudan was fragile, fragmented and in transition. There was a history of unfinished accountability. The justice needs were vast, and accountability was crucial within both the municipal justice system and international human rights mechanisms. She said one Sudanese woman had been gang raped by 15 men and impregnated, but was unable to obtain an abortion because she could not obtain the appropriate form. She was later disowned by her family. Stories like these were everywhere.

MONA RISHMAWI, Member of the Independent International Fact-Finding Mission for Sudan, said the international community could support the Mission’s work by providing it with information, facilitating access to victims of human rights violations, pressuring belligerent parties to put an end to the conflict, and by supporting civil society to provide assistance to the victims of the conflict and displaced persons.

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

Report

The Council has before it the report of the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in IsraelA/HRC/56/26

Presentation by 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 in the eight months since 7 October, tens of thousands of children, women and men had been killed and injured – Palestinians, Israelis and citizens of other States. Thousands of Palestinians had been detained and were being held incommunicado, and 120 Israeli hostages were still held in Gaza. 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. The findings of these investigations were summarised in the report and in the two conference room papers. Israel had a right to protect its citizens from violence by Palestinian armed groups, but in doing so, it must comply with international law. Hamas and Palestinian armed groups must also comply with international law.

In relation to Israel’s 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. Israel’s “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. It constituted collective punishment, disproportionately impacting pregnant women and persons with disabilities, and was causing grave harm to children, including starvation-related deaths. The deliberate use of heavy weapons in densely populated areas constituted an intentional attack on the civilian population.

The Commission found Israeli forces committed sexual and gender-based violence with the intent to humiliate and further subordinate the Palestinian community. The Commission concluded that specific forms of sexual and gender-based violence constituted part of Israeli Security Forces’ operating procedures. The blatant disregard for international law across the entire occupied Palestinian territory had disproportionately impacted Palestinian children. In Gaza, Israeli Security Forces had killed and maimed tens of thousands of children, and thousands more likely remain under the rubble. Israeli attacks had also severely impacted infrastructure essential for children’s wellbeing, including hospitals, schools and basic services.

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. Children were killed, injured and physically and emotionally mistreated and instrumentalised by attackers for propaganda purposes. 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.

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. 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. The attacks against United Nations agencies and humanitarian actors must stop. The Commission would continue its investigations into all crimes under international law with the aim of achieving justice and accountability.

The Commission had requested Israel to ensure the Commission’s 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. Israel had ignored the request. The Commission welcomed and was cooperating with accountability processes in the International Court of Justice and the International Criminal Court. The Commission also welcomed the listing of all parties to the conflict in the 2023 Secretary-General’s report on children and armed conflict for committing grave child rights violations in the occupied Palestinian territory and Israel. The listed parties needed to immediately end all the grave violations against children.

Statements by Concerned Countries

A Representative of 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. She was brutally dragged by her hair from the car along the road. That was 257 days ago. and 119 hostages were still being held incommunicado in the Gaza Strip to this day. Since 7 October, the world had been confronted with the grim reality of sexual violence which occurred on the date. However, the report of the Commission of Inquiry had failed to address these accounts. 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. The testimonies of the released hostages had been overlooked by the report.

Energy and resources should be secured towards the release of the hostages and the rehabilitation of the victims. Her daughter had a family that were dedicating their entire lives to her release. This was true to all hostages being held in Gaza without information on their conditions, health and status. The enforced disappearances of the hostages by Hamas constituted cruel and inhumane treatment, a reality completely overlooked by the Commission of Inquiry. Everyone should be on the same side, the side against hostage-taking. More could be done for the hostages. She implored the Council to help her hug her daughter again.

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. 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. In addition to the daily and continuous attacks by the occupation’s 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. The occupying power continued its aggression and the war of genocide against the Palestinian people, and this was confirmed in the report.

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. 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. 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. States needed to stop the transfer of weapons to Israel.

Discussion

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. Many speakers condemned the actions of the Israeli forces against the Palestinian people. Around 38,000 persons had died in the conflict, most of whom were women and children. Israeli 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. Heavy weaponry was destroying overpopulated areas, causing massive damage to the civilian population. Israel needed to cease the targeting of civilian infrastructure and civilians.

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. These actions constituted collective punishment of the Palestinian people, one speaker said. Some speakers called for an investigation into sexual and gender-based violence committed during the conflict. These war crimes aimed to degrade their victims. Some speakers further expressed concern about the disproportionate impact of the conflict on children.

Some speakers described attacks in Gaza as genocidal. Attacks in the past months in Gaza by Israel had been unbearable, one speaker said. The daily deaths in Gaza had already exceeded those of all other conflicts in the twenty-first century. Speakers also expressed concern about the expansion of settlements in the West Bank, which undermined the two-State solution. Violence committed by certain settlers against the Palestinian people was unacceptable and perpetrators needed to be held accountable. Speakers opposed the forcible relocation of the Palestinian people.

Some speakers condemned Hamas and its 7 October attacks. The report showed that Hamas had committed war crimes, violations of international humanitarian law, and crimes against humanity, including widespread sexual violence. Many speakers called for the immediate and unconditional release of all hostages. 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. Other speakers said the attacks did not justify Israel’s disproportionate response.

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. These speakers called on Israel to cooperate with the Commission’s mandate.

Many speakers said all parties to the conflict needed to fully implement a permanent ceasefire without delay and respect international law. Ending the Gaza crisis and settler violence in the West Bank and East Jerusalem was crucial. There was a need to examine the root causes of the conflict and address them.

Many speakers called for accountability for the crimes committed against the Palestinian people. Reparations needed to be provided for the crimes committed by the occupying power. Israel needed to allow the delivery of humanitarian aid to the Palestinian people. Restrictions on aid were causing famine. The 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. All States needed to cooperate with the investigations of the International Criminal Court. A negotiated political solution was needed to bring about peace.

Some speakers welcomed the adoption of relevant Security Council resolutions, including the recently adopted resolution 2735, and called for their implementation. All States needed to cooperate with the United Nations. A number of speakers condemned any form of reprisals against Special Procedures for speaking out against Israeli crimes.

Speakers asked questions on how Member States could strengthen accountability mechanisms; how the United Nations’ liquidity crisis affected the Commission’s mandate; how the Commission was cooperating with international courts; and whether the Commission had found evidence of collective punishment of the Palestinian people.