There must be “due reckoning” for horrific violations, possible atrocity crimes in Gaza – UN Human Rights Chief

GENEVA - The UN Human Rights Office today published a report detailing the horrific reality that has unfolded for the people of Israel and Gaza since 7 October 2023, and said justice must be served with respect to the grave violations of international law that have been committed.

The detailed analysis of violations covers the six-month period from November 2023 to April 2024, and broadly examines the killing of civilians and breaches of international law that in many instances could amount to war crimes. If committed as part of a widespread or systematic attack directed against a civilian population, further to a State or organizational policy, these violations may constitute crimes against humanity, it adds. And if committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, they may also constitute genocide, the report warns.

“The International Court of Justice, in its series of orders on provisional measures, underscored the international obligations of Israel to prevent, protect against and punish acts of genocide and associated prohibited conduct,” it says.

UN Human Rights Chief Volker Türk stressed the imperative for Israel fully and immediately to comply with those obligations. This is even more critical and urgent, given the totality of conduct set out in the report and taking into account most recent events, including Israel’s operations in North Gaza and its adoption of legislation affecting UNRWA’s activities, he said.

“It is essential that there is due reckoning with respect to the allegations of serious violations of international law through credible and impartial judicial bodies and that, in the meantime, all relevant information and evidence are collected and preserved,” he said.

Türk recalled States’ obligations to act to prevent atrocity crimes, and urged them to support the work of accountability mechanisms, including the International Criminal Court, in relation to the current conflict; exercise universal jurisdiction to investigate and try crimes under international law in national courts, consistent with international standards; and comply with extradition requests pertaining to suspects of such crimes to countries where they would receive a fair trial.

The report points to repeated statements from Israeli officials positing the end of the conflict as contingent upon Gaza’s entire destruction and the exodus of the Palestinian people. Furthermore, it documents efforts to rationalize discrimination, hostility and violence towards, and even the elimination of, Palestinians.

The report shows how civilians have borne the brunt of the attacks, including through the initial “complete siege” of Gaza by Israeli Forces, as well as the Israel Government’s continuing unlawful failures to allow, facilitate and ensure the entry of humanitarian aid, the destruction of civilian infrastructure, and repeated mass displacement. This conduct by Israeli Forces has caused unprecedented levels of killings, death, injury, starvation, illness and disease, the reports says. Palestinian armed groups have also conducted hostilities in ways that have likely contributed to harm to civilians.

On 7 October 2023, Hamas and other Palestinian armed groups also committed serious violations of international law on a wide scale, the report states, including attacks directed against Israeli and foreign civilians, killing and mistreatment of civilians, sexual violence, destruction of civilian objects, and taking of hostages. These acts could amount to war crimes and crimes against humanity, it says. Following 7 October, Hamas and other armed groups also celebrated the attacks of that day, which was deeply troubling and totally unacceptable.

“The rules of war, in force now for 160 years, were designed to limit and prevent human suffering in times of armed conflict,” said Türk. “Their wanton disregard has led to the current extremes of human suffering which we continue to see today. It seems inconceivable that the parties to the conflict refuse to apply universally accepted and binding norms developed to preserve the very bare minimum of humanity.”

The UN Human Rights Office has been verifying the personal details of those killed in Gaza by strikes, shelling and other conduct of hostilities. Of those fatalities, it has so far found close to 70 per cent to be children and women, indicating a systematic violation of the fundamental principles of international humanitarian law, including distinction and proportionality.

The continuation of these attacks, killing evenly across the population, “demonstrates an apparent indifference to the death of civilians and the impact of the means and methods of warfare selected”, the report states.

The most represented of verified fatalities are children. The three categories of age most represented were children aged from 5 to 9 years old, children from 10 to 14 years old, and babies and children from 0 to 4 years old.

Of the verified fatalities, about 80 per cent were killed in residential buildings or similar housing, out of which 44 per cent were children and 26 per cent were women.

Monitoring by the UN Human Rights Office indicates that the high number of fatalities per attack was principally due to the Israeli Defense Forces’ use of weapons with wide area effects in densely populated areas, although some of the fatalities may have been the result of errant projectiles from Palestinian armed groups dropping short.

The High Commissioner calls on Member States, consistent with their obligations under international law, to assess arms sales or transfers and provision of military, logistical or financial support to a party to the conflict, with a view to ending such support if this risks serious violations of international law.

The report also raises concerns with respect to forcible transfer, attacks on hospitals, in apparent systematic fashion, and journalists. It also points to the reported use of white phosphorus munitions.

“Our monitoring indicates that this unprecedented level of killing, and injury of civilians is a direct consequence of the failure to comply with fundamental principles of international humanitarian law – namely the principles of distinction, proportionality and precautions in attack,” Türk said. “Tragically, these documented patterns of violations continue unabated, over one year after the start of the war.”

“The trends and patterns of violations, and of applicable international law as clarified by the International Court of Justice, must inform the steps to be taken to end the current crisis,” said the High Commissioner. “The violence must stop immediately, the hostages and those arbitrarily detained must be released, and we must focus on flooding Gaza with humanitarian aid.”