Violations by “all warring parties”
UN experts want to examine possible war crimes
November 27, 2023, 4:16 p.m
In the Gaza war, Israel and Hamas accuse each other of crimes against humanity. UN experts are now calling for an initiative by the international community to uncover possible violations. Law enforcement must be made easier in order to be able to identify the main perpetrators.
UN human rights experts have called for independent investigations into possible war crimes and crimes against humanity in Israel and the Palestinian territories since October 7. In a statement UN Special Rapporteur on extrajudicial executions Morris Tidball-Binz and Special Rapporteur on torture Alice Jill Edwards called for “immediate, transparent and independent investigations” into possible violations by “all parties to the war.” The expert did not give any examples themselves.
Investigating war crimes and crimes against humanity, including any extrajudicial killing, torture or other violations of human dignity, is a “fundamental legal obligation,” said the statement from the two experts, who were appointed by the UN Human Rights Council not speak on behalf of the United Nations.
The UN human rights activists also called on the international community to play “a proactive role in identifying suspected key perpetrators” and to facilitate prosecution. Those responsible for the human rights violations must be “brought to justice immediately.” The statement came against the backdrop of a four-day ceasefire between Israel and the radical Islamic Palestinian organization Hamas.
Civilians as human shields
In recent weeks, human rights activists have cited several points that could constitute crimes: the abduction of more than 200 people in the terrorist attack on Israel on October 7th in the Gaza Strip and militants in the Gaza Strip using civilians as human shields and the Israeli closure of the Gaza Strip as collective punishment and the destruction of civilian infrastructure in Israeli bombings with thousands of deaths.
The experts recalled that courts in any country can investigate and try those responsible for such crimes. They welcomed the work of the International Criminal Court and the UN Commission of Inquiry on Israel and the Occupied Territories, which collected evidence in the Gaza Strip, Israel and the occupied West Bank.
Morris Tidball-Binz is the UN Special Rapporteur on extrajudicial, summary and arbitrary executions. Alice Jill Edwards is the UN Special Rapporteur on torture and other cruel, inhumane and degrading treatment or punishment. Such rapporteurs are appointed by the UN Human Rights Council based on their expertise. They report regularly on their topic; decisions can only be made by the Human Rights Council from 47 countries, which are each elected to the council for three years.
Atrocities against women and children
Hundreds of fighters from Hamas, classified as a terrorist organization by the US and the EU, entered Israel on October 7th and committed unprecedented atrocities against civilians, including many women and children. According to Israeli figures, 1,200 people were killed and around 240 hostages were taken to the Gaza Strip.
Israel then declared war on the Palestinian organization and launched massive air and ground attacks on targets in the Gaza Strip. According to Hamas figures, which cannot be independently verified, almost 15,000 people have been killed in the Palestinian territory since then.
After lengthy talks brokered by Qatar, Egypt and the US, Israel and Hamas agreed to a four-day ceasefire that has so far resulted in the release of 39 Israeli hostages in exchange for 117 freed Palestinian prisoners. Without a possible extension, the ceasefire ends on Tuesday morning.