UN Values Israel And Hamas Commit Crimes Against Humanity And War

Victims of Israeli attacks on Gaza October 2023. (Wikimedia Commons/Palestinian News & Information Agency (Wafa) in contact with APAimages)

JAKARTA - Israel and Hamas are considered to have committed war crimes in the early stages of the Gaza war, the UN investigation found on Wednesday, stating Israel's actions were also crimes against humanity for causing heavy civilian casualties.

The findings stem from two parallel reports, one focused on Hamas attacks on October 7 and the other regarding Israel's military response, published by the UN Investigating Commission (COI), which has a very broad mandate to gather evidence and identify international criminals committed in Israel and the occupied Palestinian territories.

The report, which includes conflict until the end of December, found both parties committing war crimes, including intentional torture, murder or murder, insults to personal dignity to inhuman or cruel treatment.

Israel has also committed additional war crimes, including hunger as a method of war, he said, saying Israel has failed not only to provide essential supplies such as food, water, shelter, and medicines for Gazans but "acts to prevent supplies of these needs by others".

Some war crimes such as killings are also crimes against humanity by Israel, the COI statement said, using terms intended for the most serious international crimes that are consciously committed as part of widespread or systematic attacks on civilians.

"The enormous number of civilian casualties in Gaza and widespread damage to civilian objects and infrastructure are unavoidable results of the strategy undertaken with the intention of causing maximum damage, ignoring the principles of distinction, proportionality, and adequate precautions," the COI statement said.

The findings of COI were based on interviews with victims and witnesses, hundreds of shipments, satellite imagery, medical reports, and verified open source information.

Among the findings in a 59-page report on the October 7 attack, the commission verified four incidents of mass killings in public shelters that it said showed militants had "permanent operational instructions".

The commission also identified "sexual violence police" by Palestinian armed groups but was unable to independently verify rape reports.

A longer 126-page Gaza report says the use of Israeli weapons such as MK84 guided bombs with large destructive capacities in urban areas is not in accordance with international humanitarian law "because they cannot adequately or accurately distinguish between targeted military targets and civilian objects".

The report also said Palestinian men and boys were subjected to crimes against humanity in the form of gender abuse, citing cases where victims were forced to be naked in public in actions "intended to cause severe insults".

COI said Israel was blocking its work and prevented investigators from accessing Israelis and occupied Palestinian territories. Israel did not cooperate with the commission, which it said had anti-Israel bias. Israel's diplomatic mission to the United Nations in Geneva rejected the findings.

"COI once again proves that all its actions are to serve a narrow political agenda against Israel," said Meirav Eilon Shahar, Israel's Ambassador to the United Nations in Geneva.

Hamas did not immediately respond to a request for comment.

It is known that the latest conflict in Gaza broke out after a Palestinian militant group led by Hamas attacked Israel's southern region on October 7, 2023. According to Israeli calculations, more than 1,200 people were killed and 250 people were taken hostage.

It sparked retaliation by Israel, blockaded, airstrikes and ground operations that until yesterday had killed about 37,164 people and 84,832 people injured, according to Palestinian calculations, quoted from WAFA.

The COI, which consists of three independent experts, including its former head of UN human rights from South Africa, Navi Pillay, was formed in 2021 by the Geneva council.

Navi Pillay said it was "very important for everyone who has committed a crime to be held accountable," quoted by The National News.

Sometimes, the evidence collected by the UN-mandated agencies has served as the basis for prosecuting war crimes and can be used by the International Criminal Court.

The findings will be discussed by the UN Human Rights Council in Geneva next week.