Thematic report – Indiscriminate and disproportionate attacks during the conflict in Gaza (October – December 2023) – OHCHR

19 June 2024

OHCHR Press Release

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IV. CONCLUSION

The pattern of Israeli strikes exemplified by the six incidents above indicates that the IDF may have systematically violated the principles of distinction, proportionality, and precautions in attack – fundamental principles of international humanitarian law on the conduct of hostilities – in the course of its attacks in Gaza since 7 October 2023. Indiscriminate rocket fire by Hamas’ Al Qassam Brigades and other Palestinian armed groups also raises concerns in this regard. When committed intentionally, such violations may amount to war crimes. Unlawful targeting when committed as part of a widespread or systematic attack directed against a civilian population, further to a State or organizational policy, may also implicate crimes against humanity.

Such violations must cease immediately. OHCHR calls on Israel to ensure full investigations into the specific incidents cited in this report, and to make public its findings. In its June response to OHCHR, Israel stated that, except for the strike dated to 9 October on Jabalya market, all strikes mentioned in the report were previously referred to the IDF General Staff’s Fact-Finding and Assessment Mechanism and were currently being examined before submission to the Military Advocate General (MAG) corps for a decision on whether to open a criminal investigation. While welcoming Israel’s indication that the majority of the incidents were being factually assessed for referral to the MAG, OHCHR remains concerned with the dual role of the MAG, as both legal adviser to the Chief of General Staff and other military authorities and supervisor of disciplinary and criminal investigations. This compromises the independence and impartiality of the investigative system, since the MAG is responsible for investigating violations carried out in operations for which the MAG provided legal advice.

OHCHR also notes the increasing passage of time that has now elapsed since the incidents, varying from six to eight months, without public clarity on the findings and outcomes. This length of time, coupled with the systemic concerns on the efficacy and independence of the military justice system identified in previous reporting to the UN General Assembly and Human Rights Council, 43 calls into serious question the compliance of these processes with international obligations to ensure prompt and effective accountability.

Beyond these specific incidents, Israel should also ensure corresponding investigations into the broad- and continuing – range of other similar incidents, with a view to identifying those responsible for these serious violations of international law, holding them to account, and ensuring all victims’ rights to truth, justice and reparations. Where Israel is itself unable or unwilling to bring those responsible to account, in accordance with international standards, Member States must support accountability measures at the international level, including through the International Criminal Court.

Comments by Israel and the State of Palestine on the draft shared on 31 May 2024