UN Inquiry Declares Gaza Killings a Crime Against Humanity

Both Israel and Hamas committed war crimes during the initial stages of the recent Gaza conflict, according to a UN inquiry released on Wednesday. The report asserts that the extent of civilian casualties caused by Israel's military actions also constitutes crimes against humanity.

The UN Commission of Inquiry (COI), which has a comprehensive mandate to collect evidence and identify perpetrators of international crimes in Israel and the occupied Palestinian territories, issued two parallel reports. One report focused on the Hamas attacks on October 7, and the other examined Israel’s military retaliation.

Findings and Reactions

The COI's findings were based on extensive evidence, including interviews with victims and witnesses, satellite imagery, medical reports, and verified open-source information. According to the inquiry, over 1,200 people were killed, and 250 taken hostage during the October 7 attacks by Hamas, which led to a retaliatory military response from Israel resulting in over 37,000 deaths in Gaza, based on Palestinian reports.

Both sides were found to have committed war crimes such as torture, murder, outrages upon personal dignity, and inhumane treatment. Additionally, the report accused Israel of using starvation as a method of warfare by preventing the supply of essential resources like food, water, shelter, and medicine to Gazans.

War Crimes and Crimes Against Humanity

The report highlighted that Israel's military strategy led to massive civilian casualties and widespread destruction, disregarding principles of distinction, proportionality, and precaution. The COI labeled these actions as crimes against humanity, a term used for the most severe international crimes committed systematically against civilians.

International Implications

Such findings by UN-mandated bodies can form the basis for war crimes prosecutions and potentially involve the International Criminal Court.

Specific Incidents and Patterns of Violence

The inquiry into the October 7 attacks confirmed four incidents of mass killings in public shelters, suggesting premeditated operational instructions by militants. It also identified patterns of sexual violence by Palestinian armed groups, though reports of rape could not be independently verified.

The Gaza report criticized Israel's use of highly destructive weapons in urban areas, which it deemed incompatible with international humanitarian law due to their inability to distinguish between military targets and civilian objects. It also noted instances of gender persecution, where Palestinian men and boys were subjected to severe humiliation.

Official Responses

Israel's diplomatic mission to the UN in Geneva rejected the findings, accusing the COI of bias. Meirav Eilon Shahar, Israel's Ambassador to the UN in Geneva, stated, "The COI has once again proven that its actions serve a politically driven agenda against Israel."

Hamas did not provide an immediate response to the inquiry.

Next Steps

The COI's findings will be discussed by the UN Human Rights Council in Geneva next week. Established in 2021, the COI comprises three independent experts, including its chair, former UN human rights chief Navi Pillay from South Africa. The commission operates under an open-ended mandate, which has drawn criticism from Israel and some of its allies.