UN human rights report accuses Israel of possible violation of the laws of war in the Gaza war – JURIST

The UN High Commissioner for Human Rights released a report on Wednesday saying that Israel may have violated international humanitarian law on several occasions and may have committed war crimes in its actions in the Gaza Strip. The report examines six attacks by the Israel Defense Forces (IDF) that may have violated international humanitarian law. According to the UN, these incidents resulted in high civilian casualties and destruction of civilian property.

Israeli forces reportedly used various types of bombs in densely populated areas, including residential buildings, a school, refugee camps and a market. The report found that the extensive use of high-explosive weapons in such areas likely constitutes an indiscriminate attack prohibited under international law.

The report also claims that Israeli forces failed to issue warnings before five of the six attacks examined, which would violate the precautionary principle when conducting attacks to protect civilians. In addition, the report says that Israel’s use of weapons with a wide area effect in densely populated areas violated the principle of distinction. This principle requires a distinction to be made between combatants and civilians. The report’s findings also suggest that the principle of proportionality, which requires that military benefits outweigh harm to civilians, appears to have been frequently ignored.

According to the Gaza Health Ministry, as of June 13, 2024, 37,232 Palestinians were killed and over 85,000 injured in Gaza. The report highlights that the majority of those killed were civilians, including a significant number of women and children.

Israel responded to the report by arguing that the report was biased, methodologically unsound and legally incorrect. It stressed that the UN Office for Human Rights did not have access to the military intelligence that provided the rationale for the attacks. It also claimed that the report derived its casualty figures from Hamas and ignored operational considerations and constraints. The response said:

The Israel Defense Forces inspect targets before an attack and select the appropriate munitions based on operational and humanitarian considerations, taking into account the relevant structural and geographical features of the target, its environment, potential impact on nearby civilians, critical infrastructure in the area, and more.

The Israeli military has repeatedly stressed that its operations are aimed at neutralising threats in real time, that Hamas deliberately puts civilians at risk and that its fight is “not against the people of Gaza”. However, a statement by an Israeli official, which the UN report says was directed at Hamas and Gaza’s civilians, said: “Animals will be dealt with accordingly. Israel has imposed a total blockade on Gaza. No electricity or water, only destruction. You wanted hell, you will get hell.”

The UN High Commissioner for Human Rights, Volker Türk, stated:

While the Israel Defense Forces claim to have begun a factual assessment of most of the incidents examined in the report, eight months have passed since the first of these extremely serious incidents, and there is still no clarity about what happened, nor are there any steps toward prosecution.

The report calls on Israel to conduct independent and transparent investigations into these alleged abuses and recommends cooperation with the International Criminal Court to ensure justice for the victims.