A United Nations commission has concluded that both Israeli forces and Hamas militants committed war crimes during the recent conflict in Gaza. The report, authored by the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, scrutinized actions taken during Hamas’s October 7 attacks on Israeli civilians and Israel’s subsequent retaliatory invasion of Gaza (Commission).
The Commission, which the UN Human Rights Council established in 2021 to monitor human rights and humanitarian issues in the region, found “reasonable grounds” to assert that both sides had violated international humanitarian and human rights law. Specific accusations against Hamas included deliberate killings, hostage-taking, and instances of sexual and gender-based violence. These acts, according to the report, “constitute war crimes and violations and abuses of IHL and IHRL.”
Concurrently, the Commission concluded that Israel’s retaliatory invasion, which commenced shortly after the October 7 attacks, involved war crimes, crimes against humanity, and several breaches of international laws. Israel’s use of force allegedly led to immense casualties and widespread destruction, including critical civilian infrastructure, violating principles of distinction, proportionality, and precautions necessary under international humanitarian law.
Further allegations were aimed at Israel’s blockade of Gaza, described as “using starvation as a method of war.” In February, the World Health Organization highlighted a distressing increase in malnutrition among children and pregnant women in Gaza (WHO report).
The Commission called for an immediate cessation of hostilities by both parties and the prioritization of civilian well-being. However, the findings were met with sharp criticism from Israeli diplomats, who described the Commission’s actions as “systematic anti-Israeli discrimination” (response).
This report also situates itself within broader international scrutiny, as Israel currently faces an ongoing genocide case in the International Court of Justice (ICJ case).
For more details, view the original report on JURIST.