Israel is targeting Gaza’s health care system, causing significant long-term harm to civilians, especially children. UN Commission: Crimes against humanity committed against Israeli hostages and Palestinian prisoners International Law
Israel is committing war crimes and crimes against humanity through its policy of destroying Gaza’s health care system. Hamas and other Palestinian groups are also guilty of war crimes and crimes against humanity, according to a new report by the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel.
The commission also investigated the treatment of Palestinian prisoners in Israel and Israeli and foreign hostages in Gaza since October 7, 2023. The experts concluded that Israel and Palestinian armed groups are responsible for torture and sexual violence.
Violation of the Rights to Life and Health
“Israel must immediately stop the unprecedented and wanton destruction of medical facilities in Gaza,” said Navi Pillay, the commission’s chairperson. She said Israel was attacking the very right to health, with long-term detrimental consequences for civilians, especially children.
The report found that Israeli security forces deliberately killed, detained and tortured medical personnel, and attacked medical transports while restricting their exit from the enclave for treatment. The commissioners said these actions constituted the war crimes of wilful killing and cruel treatment, and the crime against humanity of extermination.
Attacks on health facilities in Gaza, particularly those providing paediatric and neonatal care, have resulted in suffering among children, including newborns, the report said. By continuing these attacks, Israel is violating the rights of children to life and to health care and is deliberately creating conditions that lead to the destruction of entire generations and possibly the entire Palestinian people.
War Crimes
The commission investigated one of the most egregious cases – the murder of five-year-old Hind Rajab and her family, as well as the shooting of an ambulance that killed two medics on their way to help her. The experts found “reasonable grounds” that the Israeli army’s 162nd Division was operating in the area and was responsible for the deaths of a family of seven, the shooting of an ambulance and the killing of two paramedics. These events may qualify as war crimes.
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The report also notes that the deliberate destruction of facilities providing sexual and reproductive health services, coupled with lack of access to health care, constitutes a violation of the reproductive rights of women and girls and their right to life, health, dignity and non-discrimination. This may amount to a crime against humanity.
Ill-treatment of detainees
The report notes that thousands of Palestinian children and adults, many of whom were arbitrarily detained, were subjected to widespread and systematic abuse, physical and psychological violence, and sexual and gender-based violence in military camps and detention facilities.
Men were raped, subjected to sexual assault and forced to perform humiliating acts as a form of punishment or to intimidate them into giving information. Deaths in detention as a result of abuse or neglect amount to war crimes, the Commission said. The experts also noted that children were returning from detention traumatized, unaccompanied and often without contact with their loved ones.
The Commission’s report said that institutionalized abuse of Palestinian prisoners – no longer a new practice – was carried out under direct orders from Minister Itamar Ben-Gvir, who is responsible for the prison system, and was fueled by inflammatory statements from members of the government.
“The horrific abuses committed against Palestinian prisoners require accountability and reparations for the victims,” Pillay said.
Violence against hostages
Regarding hostages held in Gaza by Palestinian armed groups, the report notes that many have been subjected to abuse, including physical and psychological harm, ill-treatment, sexual violence, forced isolation, limited access to sanitation, water and food, as well as threats and humiliation.
Hamas and other Palestinian armed groups forced hostages to participate in videos in order to cause psychological suffering to their families for political purposes. Several hostages were killed in captivity. Hamas and other groups have thus committed the war crimes of torture, inhuman or cruel treatment, and the crimes against humanity of enforced disappearances and other inhumane acts.
“Palestinian armed groups must immediately and unconditionally release all Israeli and foreign hostages held in Gaza. The hostages must be treated in accordance with the requirements of international humanitarian law and international human rights law until they are released,” the Commission Chairperson stressed.
Requirements of International Law
The Commission urges the Government of Israel to immediately cease attacks on medical facilities, personnel and vehicles, stop arbitrary and unlawful detentions of Palestinians and put an end to torture and other ill-treatment.
The experts also call on the Government of the State of Palestine and the de facto authorities in Gaza to ensure the protection and safe release of all hostages immediately and unconditionally, and to thoroughly and impartially investigate and prosecute violations of international law, including attacks on medical facilities in Israel.
The report of the Commission will be presented at the 79th session of the General Assembly in New York on 30 October 2024.