UN Human Rights Office – Office of the High Commissioner / December 30, 2024
GENEVA – Israel must face the consequences of its campaign to undermine the legal framework for the protection of civilians in armed conflicts, a group of independent human rights experts* said today, as the full-scale armed assault on Gaza and forced displacement of its population continues unabated.
“As we have repeatedly reminded Israel, international humanitarian law comprises a set of universal and binding rules to protect civilian objects and persons who are not, or are no longer, directly participating in hostilities and limits permissible means and methods of warfare,” the experts said.
“Rather than abide by these rules, Israel has openly defied international law time and again, inflicting maximum suffering on civilians in the occupied Palestinian territory and beyond.”
Citing Israel’s most egregious violations, the experts highlighted crimes against humanity including murder, torture, sexual violence, and repeated forced displacement amounting to forcible transfer, war crimes encompassing indiscriminate attacks on civilians and civilian objects, including objects indispensable to the survival of the civilian population and educational institutions and cultural heritage, the use of starvation as a weapon of war, the targeting of healthcare workers and health facilities, attacks on humanitarian workers, arbitrary restrictions on access to humanitarian aid, and attacks on journalists, collective punishment and perfidy.
“Political and judicial actors must consider the totality of such acts against the entire civilian population under Israeli occupation, who are protected persons and do not constitute military objectives under international law,” the experts said. “Acts aimed at their destruction in whole or in part are genocidal.”
The experts were particularly alarmed over events in northern Gaza, where they said Israel had grievously violated its obligations as an Occupying Power.
“Indiscriminate attacks, including on shelters for displaced persons and the Kamal Adwan Hospital and its vicinity, and the intensification of siege conditions on northern Gaza for the last three months run contrary to Israel’s legal duty to ensure the protection of the civilian population,” the experts said. “We are disturbed that this siege, coupled with expanding evacuation orders, appears intended to permanently displace the local population as a precursor to Gaza’s annexation in further violation of international law.”
“The International Court of Justice has recognised the unlawfulness of and made clear that Israel must unconditionally end its ongoing presence in the occupied Palestinian territory and imposed binding provisional measures on Israel to prevent the commission of genocide in Gaza, while Israel’s Prime Minister and former Minister of Defence are wanted by the International Criminal Court,” the experts said. “Nonetheless, Israel continues to face no real consequences, largely due to protection offered by its allies, who have gone so far as to join Israel in delegitimising international institutions and besmirching Special Procedures mandate-holders.”
The experts reiterated the urgency of allowing independent and thorough investigations of serious violations of international law.
“Israel’s continued impunity sends a dangerous message suggesting that parties to other conflicts around the world need not comply with their obligations under international humanitarian law,” they said. “We cannot afford to lose the force of the multilateral system. Israel and its leaders must be held accountable.”
* The experts: Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons; Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; Irene Khan, Special Rapporteur on the right to freedom of opinion and expression; Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Farida Shaheed, Special Rapporteur on the right to education; George Katrougalos, Independent Expert on the promotion of a democratic and equitable international order; Morris Tidball-Binz, Special Rapporteur on extra-judicial summary or arbitrary executions; Michael Fakhri, Special Rapporteur on the right to food; Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences.
The Special Rapporteurs are part of what are known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
