The UN’s top human rights body says Israel is guilty of committing genocide in its war on Gaza. A report by a three-member commission accused Israel of carrying out four of the five genocidal acts under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
Those include “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”.
In a media conference on Tuesday, the commission implicated “the highest echelons” of Israeli authorities and security forces in Gaza as guilty of these crimes, saying that “genocidal intent was the only reasonable inference that could be concluded from the nature of their operations”.
“The commission finds that Israel is responsible for the commission of genocide in Gaza,” commission chair Navi Pillay said.
“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,” Pillay said. “When clear signs and evidence of genocide emerge, the absence of action to stop it amounts to complicity.”
Humanitarian crisis and systematic abuses
The panel said humanitarian aid was being blocked, civilians were being killed, health and education facilities were being systematically destroyed and “systematic acts” of sexual and gender-based violence were being committed against Palestinians.
The UN inquiry finds Israel guilty of genocide in Gaza, strengthening South Africa’s ICJ case. The report could reshape global diplomacy, increase legal pressure on Israeli authorities, and test whether the Genocide Convention has real power in the 21st century.
The report, published by the UN independent international commission of inquiry on the occupied Palestinian territory, including East Jerusalem and Israel, details the outcomes of a meticulous legal investigation into Israel’s offensive on Gaza since the deadly Hamas terror attack on an Israeli music festival on October 7 2023.
Investigation details and legal context
The commission responsible for the investigation constitutes three non-UN-staff experts appointed by the UN Human Rights Council’s 47 member countries, each of which is elected by the UN General Assembly.
The report and inquiry panel was commissioned by Human Rights Council but does speak for the UN. However, the legal analysis adds to a growing pile of evidence that can be used against Israel in the International Court of Justice (ICJ) case filed by SA.
Business Day reported previously that SA had already submitted to the ICJ, alleging that Israel’s conduct in Gaza constituted violations of the Genocide Convention.
The ICJ has issued three sets of provisional measures — on January 26 2024, March 28 2024 and May 24 2024 — requiring Israel to prevent genocidal acts, ensure humanitarian access, prevent incitement, preserve evidence and report on compliance.
Israel’s foreign ministry rejected the “distorted and false report”, calling for the “immediate abolition of this commission of inquiry” in a statement following its release.
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