Given that Gaza, the West Bank and the wider Middle East conflict have now become part of the increasingly intense Australian political debate surrounding the next federal general election in May 2025, the following is posted today.
UNITED
NATIONS HUMAN RIGHTS COUNCIL,
media release, 10 October 2024:
UNCommission finds war crimes and crimes against humanity in Israeliattacks on Gaza health facilities and treatment of detainees,hostages
GENEVA
(10 October 2024) – Israel has perpetrated a concerted policy to
destroy Gaza’s healthcare system as part of a broader assault on
Gaza, committing war crimes and the crime against humanity of
extermination with relentless and deliberate attacks on medical
personnel and facilities, the UN Independent International Commission
of Inquiry on the Occupied Palestinian Territory, including East
Jerusalem, and Israel said in a newreport today.
The
Commission also investigated the treatment of Palestinian detainees
in Israel and of Israeli and foreign hostages in Gaza since 7 October
2023, and concluded that Israel and Palestinian armed groups are
responsible for torture and sexual and gender-based violence.
“Israel
must immediately stop its unprecedented wanton destruction of
healthcare facilities in Gaza,” said Navi Pillay, Chair of the
Commission. “By targeting healthcare facilities, Israel is
targeting the right to health itself with significant long-term
detrimental effects on the civilian population. Children in
particular have borne the brunt of these attacks, suffering both
directly and indirectly from the collapse of the health system.”
The
report found that Israeli security forces have deliberately killed,
detained and tortured medical personnel and targeted medical vehicles
while tightening their siege on Gaza and restricting permits to leave
the territory for medical treatment. These actions constitute the war
crimes of wilful killing and mistreatment and of the destruction of
protected civilian property and the crime against humanity of
extermination.
Attacks
on medical facilities in Gaza, particularly those devoted to
paediatric and neonatal care, have led to incalculable suffering of
child patients, including newborns, the report said. In continuing
these attacks, Israel has violated children’s right to life, denied
children access to basic healthcare, and deliberately inflicted
conditions of life resulting in the destruction of generations of
Palestinian children and, potentially, the Palestinian people as a
group.
In
one of the most egregious cases, the Commission investigated the
killing of five-year-old Hind Rajab, along with her extended family,
and the shelling of a Palestinian Red Crescent Society ambulance and
killing of two paramedics sent to rescue her. The Commission
determined on reasonable grounds that the Israeli Army’s 162nd
Division operated in the area and is responsible for killing the
family of seven, shelling the ambulance and killing the two
paramedics inside. This constitutes the war crimes of wilful killing
and an attack against civilian objects.
The
deliberate destruction of health infrastructure providing sexual and
reproductive healthcare, combined with the lack of access and
availability to healthcare, is also a violation of women’s and
girls’ reproductive rights and their right to life, health, human
dignity and non-discrimination, as well as the crime against humanity
of other inhumane acts.
Regarding
the detention of Palestinians in Israeli military camps and detention
facilities, the report found that thousands of child and adult
detainees, many of whom were arbitrarily detained, have been
subjected to widespread and systematic abuse, physical and
psychological violence, and sexual and gender-based violence
amounting to the war crime and crime against humanity of torture and
the war crime of rape and other forms of sexual violence. Male
detainees were subjected to rape, as well as attacks on their sexual
and reproductive organs and forced to perform humiliating and
strenuous acts while naked or stripped as a form of punishment or
intimidation to extract information. The deaths of detainees as a
result of abuse or neglect amount to the war crimes of wilful killing
or murder and violations of the right to life.
Child
detainees released by Israeli authorities have returned to Gaza
severely traumatized, unaccompanied, with limited ability to locate
or communicate with their families.
The
report found that the institutionalized mistreatment of Palestinian
detainees, a longstanding characteristic of the occupation, took
place under direct orders from the Israeli Minister in charge of the
prison system, Itamar Ben-Gvir, and was fuelled by Israeli government
statements inciting violence and retribution.
“The
appalling acts of abuse committed against Palestinian detainees
require accountability and reparations for the victims,” said
Pillay. “The lack of accountability for actions ordered by senior
Israeli authorities and carried out by individual members of Israeli
security forces and the increasing acceptance of violence against
Palestinians have allowed such conduct to continue uninterrupted,
becoming systematic and institutionalized.”
Regarding
the Israeli and foreign hostages held in Gaza by Palestinian armed
groups, the report found that many were mistreated to inflict
physical pain and severe mental suffering, including physical
violence, abuse, sexual violence, forced isolation, limited access to
hygiene facilities, water and food, threats and humiliation. Hamas
and other Palestinian armed groups forced hostages to participate in
videos with the intent of inflicting psychological torture on the
families of hostages, to achieve political aims. Several hostages
were killed in captivity. Hamas and other Palestinian armed groups
committed the war crimes of torture, inhuman or cruel treatment, and
the crimes against humanity of enforced disappearance and other
inhumane acts causing great suffering or serious injury.
“Palestinian
armed groups must release immediately and unconditionally all Israeli
and foreign hostages held in Gaza. Hostages must be treated in
accordance with the requirements of international humanitarian law
and international human rights law until they are released,” said
Pillay.
The
Commission urges Israel’s Government to immediately cease targeting
medical facilities, staff and vehicles, halt the arbitrary and
unlawful detention of Palestinians, including children, and end
torture and other ill-treatment of all those who have been arrested
or detained.
The
Commission calls on the Government of the State of Palestine and the
de-facto authorities in Gaza to ensure the protection and safe
release of all hostages immediately and unconditionally, and
thoroughly and impartially investigate and prosecute violations of
international law, including the targeting of medical facilities in
Israel.
Addressing
the conflict’s root causes, the Commission urges the Government of
Israel to comply with the directions of the July 2024 Advisory
Opinion of the International Court of Justice to end the unlawful
occupation of Palestinian territory, cease new settlement plans and
activities, evacuate all settlers and make reparations to victims. It
also calls on Israel to comply with provisional measures ordered by
the International Court of Justice to prevent the commission of all
acts within the scope of Article II(a)-(d) of the Genocide
Convention.
The
Commission’s report
will be presented to the General Assembly’s 79th session on 30
October 2024 in New York.
Background:
The UN HumanRights Council mandated the Commission on 27 May 2021 to
“investigate, in the Occupied Palestinian Territory, including East
Jerusalem, and in Israel, all alleged violations of international
humanitarian law and all alleged violations and abuses of
international human rights law leading up to and since 13 April
2021.” Resolution A/HRC/RES/S-30/1 further requested the commission of inquiry to
“investigate all underlying root causes of recurrent tensions,
instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or
religious identity.” The Commission of Inquiry was mandated to
report to the Human Rights Council and the General Assembly annually
commencing from June 2022 and September 2022, respectively.
More
information on the work of the United Nations Independent
International Commission of Inquiry on the Occupied Palestinian
Territory, including East Jerusalem, and Israel, can be found here.
The
third report to the U.N. General Assembly on 11 October 2024, Report
of the Independent International Commission of Inquiry on the
Occupied Palestinian Territory, including East Jerusalem, and Israel
(24 pages) can be read and downloaded at:
https://documents.un.org/doc/undoc/gen/n24/262/79/pdf/n2426279.pdf
Exerpt
from Report of the Independent International Commission of
Inquiry on the Occupied Palestinian Territory, including East
Jerusalem, and Israel, 11 September 2024:
III.
Factual findings
A.
Attacks on medical facilities and personnel
6. According to the World Health Organization (WHO), between 7
October 2023 and 30 July 2024, Israel carried out 498 attacks on
health-care facilities in the Gaza Strip. A total of 747 persons were
killed directly in those attacks and 969 others were injured, and 110
facilities were affected. WHO reported that 78 per cent of the
attacks between 7 October 2023 and 12 February 2024 were carried out
through military force, while 35 per cent involved obstruction of
access and 9 per cent involved militarized search and detention
operations. Attacks were widespread and systematic, starting in the
north of the Gaza Strip (October to December 2023) and then later
occurring in the centre (December 2023 to January 2024), the south
(January to March 2024) and other areas (April to June 2024). The
stated justification of the Israeli security forces for the attacks
was that Hamas was using hospitals for military purposes, including
as command-and-control centres.
7. Israeli security forces carried out air strikes against hospitals,
causing considerable damage to buildings and surroundings, as well as
multiple casualties;
surrounded
and besieged hospital premises; prevented the entry of goods and
medical equipment and exit/entry of civilians; issued evacuation
orders but prevented safe evacuations; and raided hospitals,
arresting hospital staff and patients. Israeli security
forces
also obstructed access by humanitarian agencies.
8. According to the Ministry of Health in Gaza, 500 medical staff
were killed between 7 October and 23 June. The Palestine Red Crescent
Society reported that 19 of its staff or volunteers had been killed
since 7 October, and that many others had been detained and attacked.
Medical personnel stated that they believed they had been
intentionally targeted.
9. Hundreds of medical personnel, including three hospital directors
and the head of an orthopaedic department, as well as patients and
journalists were arrested by Israeli security forces in Shifa’,
Nasr and Awdah hospitals during offensives. In at least two cases,
senior medical personnel died in Israeli detention (see paras. 70
–72). Reportedly,
128 health workers remain detained by Israeli authorities as at 15
July, including four Palestine Red Crescent Society staff members.
10. As at 15 July, 113 ambulances had been attacked and at least 61
had been damaged. The Commission documented direct attacks on medical
convoys operated by the International Committee of the Red Cross
(ICRC), the United Nations, the Palestine Red Crescent Society and
non-governmental organizations. Access was also reduced owing to
closure of areas by Israeli security forces, delays in coordination
of safe
routes, checkpoints, searches or destruction of roads.
