UN experts say rights of victims of terrorism must be protected, insist counter-terrorism cannot be basis to breach international law

GENEVA (19 October 2023) – UN experts* today unequivocally condemned the targeting of and violence against civilians in Israel and Gaza.

They condemned the atrocity of terrorist acts carried out by Hamas on Israel civilians starting on the morning of 7 October, in Israeli towns, villages, homes and at an open-air dance party for young people.

“We decry the scale of the brutal assault on mothers, children, babies, the elderly and ordinary citizens going about their daily lives on the Jewish Sabbat and on a Jewish religious holiday (Sukkot),” the experts said. “The essence of terrorism is the targeting of civilians, and terrorist attacks leave the lives victims’ families, and survivors of these attacks irreparably damaged,” they said.

The number of those killed and injured stands at 1400 killed and more than 3300 injured. The experts said the scale and severity of injury was incalculable, and the wounded, their families and communities have a heavy painful road ahead.

They said these acts constitute gross violations of international law, particularly of international humanitarian law and specifically found that war crimes and crimes against humanity were committed in particular the crime against humanity of murder and persecution, the experts said.

In addition to the acts of perfidy, murder, and wounding it is estimated that nearly 200 people including elderly persons, seriously wounded persons, mothers and children and infants were kidnapped and taken hostage. The vast majority of hostages are civilians, and they included both citizens of Israel and citizens of other countries. While recognising the deep and decades long grievances and violations of the human rights of the Palestinian people under occupation, nothing justifies the targeting of civilians in this way.

“Hostage taking is absolutely prohibited under international law and constitutes a war crime. ICRC access must be provided to those taken hostage, and the hostages must receive medical care. No harm must come to the hostages taken and held incommunicado by Hamas. They must be released,” the experts said.

The experts welcomed solidarity and sympathy to victims of terrorism but said words alone do not discharge the legal obligations of the State to victims.

“Victims have a right to know what government actions or non-action contributed to violations of their right to life and other harms,” they said. “Victims have a right to necessary, medical, psychological, social and material assistance. They have a right to restitution and truth. They have a right to privacy. They have a right to remedy and information,” they said.

The UN experts also stressed their equal concern for victims of counter-terrorism measures. Acts of terrorism, no matter how horrific, absolutely do not justify the commission serious violations of international law including war crimes, or crimes against humanity, they noted.

Echoing the UN Secretary-General’s view, the experts said the evacuation order to Gaza which applied to approximately 1.1. million people, the majority of whom are children, will have devastating consequences. They condemned the complete siege of Gaza including the cutting off of water and electricity which indiscriminately and excessively harms civilians and may constitute the war crime of starvation of civilians.

“The governing legal framework to this conflict is international humanitarian law, and that civilians must be protected,” the experts said. “Children are especially deserving of special protection in armed conflict and this fundamental rule must be observed not breached now in Gaza. Schools and hospitals filled with civilians -- primarily women and children -- cannot constitute a legitimate military target for either State or non-state armed groups. The grievous destruction of Al-Ahli hospital underscores the humanitarian consequence of non-compliance with IHL. Persons fleeing from military bombing must not be targeted. Breaches of these fundamental rules would constitute war crimes and may also constitute crimes against humanity,” they said.

The experts called on all states to fulfil their obligation to ‘ensure respect’ for international humanitarian law by all parties, including those states in a position to exercise influence over them and ensure accountability for all violations.