UN: Israel, Hamas Committed Gaza War Crimes

A UN-backed commission of inquiry has found that both Israeli forces and Hamas, alongside other Palestinian armed groups, committed war crimes during the initial stages of the conflict in Gaza and Israel. Reuters reported on Wednesday that the report details extensive evidence of severe violations by both sides.

www.reuters.com reported, The Independent International Commission of Inquiry (COI) specifically cited unlawful killings, torture, and other atrocities. According to the Associated Press, the findings cover the period from the October 7 attacks through the end of 2023, demanding accountability for all perpetrators.

Against Israel, the report alleges war crimes including starvation as a method of warfare, murder, torture, and collective punishment of Palestinians. The Guardian noted that the commission also found evidence of sexual violence and outrages upon personal dignity by Israeli forces.

www.reuters.com noted, For Hamas and other Palestinian armed groups, the COI identified war crimes such as the intentional targeting of civilians, murder, torture, and the taking of hostages. BBC News confirmed that the report also detailed acts of sexual violence and cruel treatment during the October 7 attacks.

Israel has vehemently rejected the report, calling the commission "systematically anti-Israeli" and biased. The Times of Israel reported that Israeli officials stated the COI ignores Hamas's actions and Israel's legitimate right to self-defense against terrorism.

www.reuters.com reported, While Hamas did not issue an immediate comprehensive response to the specific allegations against them in this report, Al Jazeera has previously reported the group's general denial of intentionally targeting civilians, instead framing their actions as resistance.

The UN Human Rights Office emphasized the gravity of the findings, urging all states to pursue accountability for the alleged crimes. The report underscores the critical need for justice and adherence to international humanitarian law by all parties involved.

• www.reuters.com noted, Commission's Mandate and Background: The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (COI) was established by the UN Human Rights Council in May 2021. Its broad mandate, as outlined by the OHCHR, is to investigate all alleged violations of international humanitarian law and international human rights law in the region, making it an ongoing body with a wide scope. Israel has consistently rejected the COI's legitimacy, citing a perceived anti-Israel bias and an open-ended mandate, as reported by the Times of Israel.

• Detailed Allegations Against Israeli Forces: Beyond war crimes, the COI report also found that Israeli forces may have committed crimes against humanity, including extermination and gender persecution against Palestinian men and boys. The Associated Press highlighted the report's findings on the extensive use of heavy weaponry in densely populated areas of Gaza, leading to widespread civilian casualties and destruction of infrastructure, and the deliberate obstruction of humanitarian aid, contributing to starvation.

• www.reuters.com reported, Detailed Allegations Against Hamas and Other Groups: The report provides specific details regarding the October 7 attacks, accusing Hamas and other Palestinian armed groups of systematically targeting civilians. Reuters reported that these groups engaged in widespread killings, mutilations, and sexual violence, along with the indiscriminate firing of rockets into Israeli civilian areas. The taking of hostages, including women and children, and their subsequent ill-treatment, were also central to the commission's findings.

• Implications for International Justice: The findings could significantly impact ongoing investigations by the International Criminal Court (ICC), which has jurisdiction over war crimes in the Palestinian territories. According to analysis by the International Crisis Group, the report strengthens calls for universal jurisdiction, allowing individual states to prosecute alleged perpetrators regardless of their nationality or where the crimes occurred, potentially leading to arrest warrants and legal actions globally.

• www.reuters.com noted, International Reactions and Accountability Challenges: While human rights organizations like Human Rights Watch welcomed the report's call for accountability, major powers like the United States have often been critical of the COI's mandate. CNN has reported that the lack of cooperation from Israel, which denies the commission access to its territory, poses significant challenges to full investigations. Political obstacles and geopolitical considerations often hinder the enforcement of international justice, as noted by the Council on Foreign Relations.

• Timeline and Context of the Conflict: The report focuses on the period immediately following the October 7, 2023, attacks by Hamas, which killed approximately 1,200 people in Israel and led to over 250 taken hostage. Israel's subsequent military operation in Gaza, aimed at dismantling Hamas, has resulted in a devastating humanitarian crisis and tens of thousands of Palestinian casualties, as documented by UN OCHA. This report covers the initial, intense phase of this escalating conflict.

• www.reuters.com reported, Impact on Civilian Populations: The COI's findings underscore the immense suffering endured by civilians on both sides. For Palestinians in Gaza, the report highlights the catastrophic impact of Israeli military actions, including displacement, destruction of homes, and severe shortages of food, water, and medical supplies. For Israelis, the report acknowledges the trauma and loss inflicted by Hamas's attacks, including the psychological toll on survivors and families of hostages, as detailed by various human rights groups.