Gaza: Possible atrocity crimes unfold, new UN report warns

The report details the horrific reality faced by both the people of Israel and Gaza since 7 October 2023, with the UN High Commissioner for Human Rights Volker Türk stressing the imperative for Israel to fully and immediately comply with its obligations under international law and the rules of war.

“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.

The UN High Commissioner said 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 ongoing operations in northern Gaza and its adoption of legislation affecting the activities of the UN agency for Palestine refugees, UNRWA.

Possible genocide, crimes against humanity

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, according to the report.

The report warned that if those violations were committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, they may also constitute genocide.

“The International Court of Justice (ICJ), 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,” according to the report.

Crimes by armed groups

Palestinian armed groups have also conducted hostilities in ways that have likely contributed to harm to civilians, according to the report.

On 7 October 2023, Hamas and other Palestinian militants committed serious violations of international law on a wide scale, the report stated, 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, according to the report, which noted that following 7 October, Hamas and other armed groups celebrated those attacks and violations, which was both “deeply troubling and totally unacceptable”.

States must prevent atrocities

Mr. Türk recalled States’s obligations to act to prevent atrocity crimes, urging them to support the work of accountability mechanisms, including the International Criminal Court (ICC) in relation to the current conflict.

The report also pointed 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.

In addition, it documented efforts to rationalise discrimination, hostility and violence towards, and even the elimination of, Palestinians.

Most deaths are among children

The report showed 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, 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 report stated.

The UN rights office, OHCHR, has been verifying the personal details of those killed in Gaza by strikes, shelling and other conduct of hostilities, finding close to 70 per cent to be children and women, which indicated 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 stated.

The most represented of verified fatalities are children.

Follow our live coverage of the Middle East crisis on 8 November here.