Gaza: Top independent rights probe alleges Israel committed genocide

This article is published in association with United Nations.

Senior independent rights investigators appointed by the Human Rights Council alleged on Tuesday that Israel’s actions in Gaza constitute genocide, a charge flatly rejected by Tel Aviv.

In a new report published against the backdrop of intensifying Israeli military operations in Gaza City, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, urged Israel and all countries to fulfil their obligations under international law “to end the genocide” and punish those responsible.

“The Commission finds that Israel is responsible for the commission of genocide in Gaza,” insisted Navi Pillay, Chair of the Commission. “It is clear that there is an intent to destroy the Palestinians in Gaza through acts that meet the criteria set forth in the Genocide Convention.”

At a press conference in Geneva, the panel’s members – who are not UN staff but instead appointed by the Human Rights Council’s 47 Member States – explained that their investigations into the war in Gaza beginning with Hamas-led terror attacks in Israel on 7 October 2023 had led to the conclusion that Israeli authorities and security forces “committed four of the five genocidal acts defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide”.

These acts are:

• killing,
• causing serious bodily or mental harm,
• deliberately inflicting conditions of life calculated to bring about the destruction of the Palestinians, and
• imposing measures intended to prevent births.

Ms. Pillay maintained that responsibility for the atrocity crimes “lies with Israeli authorities at the highest echelons”, amid “explicit statements” denigrating Palestinians by Israeli civilian and military authorities.

The Commission also analysed conduct of Israeli authorities and the Israeli security forces in Gaza, “including imposing starvation and inhumane conditions of life for Palestinians in Gaza…genocidal intent was the only reasonable inference that could be concluded from the nature of their operations”, the panel said.

Methodical examination

The Commission’s assertion follows its review of Israeli military operations in Gaza, “including killing and seriously harming unprecedented numbers of Palestinians” and the imposition of a “total siege, including blocking humanitarian aid leading to starvation”, it said.

According to the UN aid coordination wing, OCHA, nearly one million people remain in Gaza City, famine has been confirmed there, and residents face daily bombardment and “compromised access to means of survival after the Israeli military placed the entire city under a displacement order”.

For its latest report, the panel also examined what it called the “systematic destruction” of healthcare and education in Gaza and “systematic” acts of sexual and gender-based violence against Palestinians. 

Justice call

In addition, the Commission of Inquiry reviewed the alleged “direct targeting” of children and Israel’s “disregarding [of] the orders of the International Court of Justice, which issued an order in March 2024 that Israel should take ‘all necessary and effective measures to ensure…the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance to Palestinians throughout Gaza’”.

“The international community cannot stay silent on the genocidal campaign launched by Israel against the Palestinian people in Gaza,” said Ms. Pillay.

“When clear signs and evidence of genocide emerge, the absence of action to stop it amounts to complicity,” she added.

“All States are under a legal obligation to use all means that are reasonably available to them to stop the genocide in Gaza.”

Qatari dimension

In a related development on Tuesday, the Human Rights Council shuffled its schedule to make way for an urgent debate on last week’s Israeli strike on Hamas’s political leadership in Qatar.

The strike targeted a neighbourhood of the Qatari capital, Doha, reportedly killing six people including five members of Hamas and prompting widespread condemnation including from the Security Council and Secretary-General.

In a statement, António Guterres spoke out against what he called a “flagrant violation” of Qatari sovereignty and territorial integrity.

And at a Security Council meeting called in response to the strike, the UN’s political affairs chief told ambassadors the attack in violation of Qatar’s sovereignty was a serious threat to regional peace and security. It also undermined international mediation efforts to end the war in Gaza and return the hostages, said Rosemary DiCarlo.