Six-month update report on the human rights situation in Gaza: 1 November 2023 to 30 April 2024 – OHCHR

 

08 November 2024

Introduction:

1. This report presents grave concerns regarding the human rights situation in occupied Gaza since the last report of the UN High Commissioner for Human Rights to the UN Human Rights Council, and covers a period of six months, from 1 November 2023, when the last Human Rights Council report covered the events on the ground, up to 30 April 2024. The report is based on monitoring and documentation by the Office of the United Nations High Commissioner for Human Rights (OHCHR). The High Commissioner has asked Israel for access to Israel and the Occupied Palestinian Territory (OPT) in order to investigate human rights violations on and since 7 October 2023, pursuant to its mandate, which so far has not been

2. On 7 October, Israelis and Palestinians awoke to the heaviest barrage of explosive projectiles from Gaza in years. Thousands of members of the Al Qassam Brigades of Hamas, Al Quds Brigades, as well as other armed and unarmed Palestinians, had crossed into Israel. The fighters rampaged into areas inside Israel close to the security fence with Gaza, attacking military bases, small towns, kibbutzim, and a music festival. It was rapidly apparent, from a variety of sources including video material published by armed Palestinians engaged in these attacks, that Palestinian armed groups had committed serious violations of international law on a wide scale, including attacks directed against civilians, killing and mistreatment of civilians, destruction of civilian objects, and taking of hostages, which amount to war crimes. If committed as part of a widespread or systematic attack directed against a civilian population, further to an organizational policy, they may constitute crimes against humanity. More than 1,124 people were reportedly killed in the 7 October attacks, including 295 military personnel, and 4,834. Reportedly, some Israeli civilians were killed by fire from Israeli forces in the course of fighting.

3. There are also serious accounts of members of Palestinian armed groups and other armed and unarmed Palestinians committing rape, sexual assault, and torture. Projectiles that are inherently indiscriminate continued to be launched towards and into Israel by Palestinian armed groups (PAGs) as of the end of April. Over this period, there were ongoing allegations that Palestinian armed groups intentionally co-located military objectives and civilians with the specific intent of trying to prevent the targeting of those military objectives, exposing civilians to high risks of harm and damage from the All violations and alleged violations require further investigation and full accountability in accordance with international law. Justice for violations must be served, and protection and full reparation afforded for all victims. These attacks initiated a dramatic and far-reaching escalation of hostilities between Israel and Palestinian armed groups in Gaza, which have had catastrophic effects on civilians there.

4. The manner in which the parties to the conflict in Gaza have conducted hostilities has caused horrific human suffering, especially as a result of Israel’s choices of means and methods of warfare, and in many cases have involved gross violations of international human rights law (IHRL) and serious violations of international humanitarian law (IHL). During this reporting period, the level of violations of international law was unprecedented, giving rise to concerns over the commission of war crimes and other possible atrocity The International Court of Justice, in its series of orders on provisional measures, underscored the international obligations of Israel to prevent, protect against and punish acts of genocide and associated prohibited conduct. The High Commissioner stresses the importance of full and immediate compliance with those obligations which, based on the totality of conduct set out in the present report and taking into account events since, including Israel’s recent operations in North Gaza and its adoption of legislation on UNWRA activities, has assumed even further criticality and urgency. This report aims to document further the reality of events in Gaza during the reporting period, and thereby raise awareness and bring improvements to the behaviour of the main duty bearers in upholding international law as the fighting continues and assist towards the establishment of truth and ultimately justice for the victims.

5. It is also important to note the longstanding human rights impacts of 57 years of Israeli occupation of Palestinian territory in Gaza and the West Bank, including East Jerusalem, and a strangulating 17-year blockade and closure of Gaza. The human rights impacts of this structural reality have been extensively documented over the decades by OHCHR, United Nations’ commissions of inquiries and other reporting mechanisms, civil society organizations, and a range of other actors. Israel’s recent actions within the OPT have reflected, in important ways, long-standing patterns of discrimination, oppression and violence against the Palestinian people, which have occurred alongside Israel’s systematic fragmentation of Palestinian communities from each other, and segregation from Jewish Israeli communities. As the International Court of Justice ruled in its Advisory Opinion in July, the continued presence of Israel in the entirety of the Palestinian territory occupied by Israel in 1967 is illegal, and Israel must bring an end to this illegal presence as rapidly as possible.

6. A recognition of long-standing trends and patterns of violations by Israel in the OPT, and of applicable international law as clarified by the International Court of Justice, must inform the steps to be taken to end the current crisis and the actions needed from Member States, including the primary duty bearer Israel, to change the current course of events. This includes the realization, without further delay, of Palestinians’ rights to self-determination, equality and non-discrimination. and of Palestinians’ and Israelis’ right to security.

III. CONCLUSION

65. This report has sought to capture key aspects of the horrific reality that unfolded for the people in Israel from 7 October 2023 and in Gaza over the six-month period thereafter. The report does not cover all reported violations.

66. Civilians, including children, women and men, have borne the brunt of the attacks, the “complete siege” and the various forms of continuing closure and blockade by the IDF of Gaza, through unprecedented levels of killings, death, injury, starvation, illness, disease, displacement, detention and destruction. Hostages remained held by Palestinian armed groups, who also continued firing indiscriminate projectiles into Israel. International humanitarian law was designed to limit and prevent such human suffering in times of armed conflict. Its wanton disregard by the Israeli Defense Forces, as well Palestinian armed groups, has led to the current extremes of human suffering.

67. In many instances, the violations documented in this report by the parties could amount to war crimes. If committed as part of a widespread or systematic attack directed against a civilian population, further to a State or organizational policy, they may constitute crimes against humanity. If committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, they may also constitute genocide. It is essential that there is due reckoning with serious allegations of violation of international law, through credible and impartial judicial bodies, and that, in the meantime, all relevant evidence is collected, preserved and investigated.

68. OHCHR once again reiterates its appeal to all parties to uphold the fundamental principles of the United Nations Charter, to cease violations of international humanitarian law and international human rights law, including as documented in this report, and to implement an immediate ceasefire and unconditional release of all hostages and those who have been arbitrarily detained.

IV. RECOMMENDATIONS

69. The High Commissioner calls on all parties to the conflict to:

  • a. Implement an immediate ceasefire;
  • b. Ensure full respect for international law, including international humanitarian law and international human rights law;
  • c. Repress and punish all violations of international law, including international humanitarian law; ensure prompt, thorough, independent, impartial and effective investigations into all incidents that have led to serious violations of international law; ensure that perpetrators are held accountable and that all victims and their families are provided with their right to remedy and reparations; and cooperate fully with international accountability processes, including the International Criminal Court; and
  • d. Implement the other recommendations made in reports of the Secretary-General and the High Commissioner, as well as by commissions of inquiry, fact-finding missions, United Nations treaty bodies, Special Procedures and other United Nations bodies, to address the systematic recurrence of violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory.

70. In particular, the High Commissioner calls on the Government of Israel to:

  • a. Prioritize the realization of the human rights of Palestinians, including their rights to self-determination, equality and non-discrimination, and thereby ensure the rights of Palestinians and Israelis to live in security and peace;
  • b. Immediately lift the various forms of blockade, closure and siege of Gaza, provide and bring in, or otherwise allow passage and delivery of, the necessary food, water, medical supplies, fuel, electricity, and other essential goods, as necessary and sufficient to meet the humanitarian needs of the population, including in accordance with the ICJ’s binding orders;
  • c. Allow and ensure humanitarian workers necessary access, safety and freedom of movement to deliver aid to those in need;
  • d. Ensure that the IDF immediately take steps to comply with international humanitarian law in the conduct of hostilities, including through the application of targeting rules and policies, inclusive of rules of engagement, that fully comply with the principles of distinction, proportionality and precautions in attack; through the immediate cessation of the use of explosive weapons with wide area effects in populated areas, the use of weapons which are of a nature to cause superfluous injury or unnecessary suffering, including white phosphorous munitions, and any use of starvation of civilians as a method of warfare;
  • e. Ensure that all Palestinians displaced within and from Gaza are allowed to return to their homes, creating safe conditions and fulfilling the responsibilities Israel has as an occupying power;
  • f. Immediately release all Palestinians who have been arbitrarily detained, and ensure due process and fair trial guarantees for all Palestinians in detention. Ensure the conditions and treatment of detainees meet basic minimum standards under international humanitarian law and international human rights law, which includes ensuring detainees are not subject to any forms of torture or other cruel, inhuman or degrading treatment or punishment;
  • g. Refrain from and take active steps to prevent statements that dehumanize Palestinians and perpetuate a culture of violence, or that advocate hatred against Palestinians and constitute incitement to discrimination, hostility or violence, as well as statements justifying or advocating attacks against civilians or civilian objects;
  • h. Urgently take steps to end all unlawful killing and injury of Palestinians, while complying with its obligations under the law of occupation to take steps to restore public order and civil life in Gaza, including in the context of aid delivery, and ensure that all use of force is in full compliance with the international human rights standards governing law enforcement, when relevant. In that context, strictly regulate the use of live ammunition, ensuring that security forces are adequately equipped and trained in the use of less-lethal weapons and ammunition, and ensure all law enforcement type operations are planned and implemented to minimize the threat to life. Impose appropriate disciplinary and penal sanctions for members of security forces who do not respect such regulations; and
  • i. Grant OHCHR and other UN investigative bodies meaningful access to Israel and the Occupied Palestinian Territory to investigate all human rights violations on and since 7 October 2023.

71. The High Commissioner calls on Hamas and its armed wing Al Qassam and other Palestinian armed groups to:

  • a. Immediately and unconditionally release all hostages in a safe and secure way;
  • b. Ensure that hostages and all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person, taking special account of the particular needs of women, children and older persons, and to prohibit all acts of torture or other cruel, inhuman, or degrading treatment or punishment;
  • c. Facilitate the giving and receiving of personal family news to and from the hostages;
  • d. Immediately take steps to ensure that armed groups and others acting under their authority and control comply with international humanitarian law in the conduct of hostilities, including ceasing and repressing attacks on Israeli civilians and civilian objects, ceasing the firing of indiscriminate projectiles, ceasing the co-location of military objectives and civilians with intent to prevent targeting of military objectives, and taking all feasible precautions to avoid harm to civilians during hostilities; and
  • e. Refrain from and take active steps to prevent statements advocating hatred against Israelis or Jews that constitute incitement to discrimination, hostility or violence, as well as statements justifying or advocating attacks against civilians or civilian objects.

72. The High Commissioner calls on Member States of the United Nations to:

  • a. Consistent with their obligations under international law, assess arms sales or transfers and provision of military, logistical or financial support to a party to the conflict, with a view to cessation of such support to the extent it implicates a real risk of facilitating commission of serious violations of international law;
  • b. Support the work of the International Criminal Court in relation to the Occupied Palestinian Territory; exercise universal jurisdiction to try crimes under international law in national courts, consistent with international standards; and comply with extradition requests pertaining to suspects of such crimes to countries where they would face a fair trial;
  • c. Actively support the protection of Palestinians wherever they are, including by engaging the parties to the conflict to cease violations, securing an immediate ceasefire, and enabling provision of humanitarian assistance;
  • d. Ensure full respect for and compliance with international human rights law and international humanitarian law, as well as the relevant resolutions of the UN Security Council, the General Assembly and the Human Rights Council.


2024-11-08T16:58:30-05:00

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