Israel has committed genocide against Palestinians in the Gaza Strip, the United Nations Independent International Commission of Inquiry has determined, according to a new report on Tuesday.
The report comes after almost two years of investigation into the actions of Israeli authorities and security forces. The commission itself, however, was established in 2021 to investigate crimes by all parties.
The UN has now concluded that Israel has committed four of the five genocidal acts defined by the 1948 Genocide Convention, including the following: killing, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about the destruction of the Palestinians in whole or in part, and imposing measures intended to prevent births.
The Commission’s findings are based on a comprehensive examination of the underlying acts of genocide (actus reus) and genocidal intent (dolus specialis).
“The Commission finds that Israel is responsible for the commission of genocide in Gaza,” said Navi Pillay, Chair of the Commission. “It is clear that there is an intent to destroy the Palestinians in Gaza through acts that meet the criteria set forth in the Genocide Convention.”
According to the report, the statements of Israeli civilian and military authorities prove an intent to destroy, in whole or in part, Palestinians in the Gaza Strip as a group.
“The responsibility for these atrocity crimes lies with Israeli authorities at the highest echelons who have orchestrated a genocidal campaign for almost two years now with the specific intent to destroy the Palestinian group in Gaza,” Pillay added. “The Commission also finds that Israel has failed to prevent and punish the commission of genocide, through failure to investigate genocidal acts and to prosecute alleged perpetrators.”
The commission has previously found Israel to be guilty of crimes against humanity and war crimes in Gaza, including extermination, torture, rape, sexual violence and other inhumane acts, inhuman treatment, forcible transfer, persecution based on gender and starvation as a method of warfare.
This marks the first time the commission has determined the actus reus of two underlying acts of genocide, as well as genocidal intent. The report does not, however, examine individual criminal responsibility under the Rome Statute.
In addition to the establishment of actus reus, as mentioned, the commission has concluded the existence of genocide with the general intent (dolus generalis) to commit the underlying acts and the required specific intent (dolus specialis) for genocide.
The evidence given for this are "dehumanizing" statements by Israeli officials and statements that explicitly called for vengeance, destruction and annihilation.
It also said that while Israeli political and military leaders have consistently described the military operations in the Gaza Strip as “self-defence” and and said October 7 was an "existential threat to Israel," it did not believe that to be the case.
"The attacks in southern Israel on 7 October 2023 were brutal war crimes but they did not pose an existential threat to the State of Israel," the commission concluded. "Israel was and is responsible for the protection of its population but the means of doing that must take account of the fact that it has taken by force and is unlawfully occupying and settling Palestinian territory by continuing violence, denying the rights of the Palestinian people to self determination."
The commission also said the genocidal intent can be traced back to "decades of unlawful occupation and unlawful settlement, with racial segregation or apartheid" against Palestinians.
Report's conclusions
As mentioned, the Commission concluded on "reasonable grounds that the Israeli authorities and Israeli security forces have committed and are continuing to commit the following actus reus of genocide against the Palestinians in the Gaza Strip."
It specifically named Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu and then Defence Minister Yoav Gallant as individuals who have incited the commission of genocide.
It also foind that the State of Israel bears responsibility for the failure to prevent genocide, the commission of genocide and the failure to punish genocide against the Palestinians in the Gaza Strip.
The commission goes on to urge Israel to immediately end the commission of genocide in the Gaza Strip and comply fully with the provisional measures of the International Court of Justice in its orders of 26 January, 28 March and 24 May 2024. It also asked Israel to restore UN access and aid to the Gaza strip, "end its policy on starvation" and "investigate and punish the commission of genocide and incitement to genocide against the Palestinian population in the Gaza Strip."
All UN Member States are urged to employ all means reasonably available to them to prevent the commission of genocide in the Gaza Strip, to cease the transfer of arms and other equipment or items, and to investigate and prosecute idividuals and corporations in their territories who "assist in the commission of genocide or incitement to commit genocide."
Reactions to the report
The UN's conclusion that Israel is committing genocide is a "modern day blood libel," Speaker of the Knesset Amir Ohana said at The Jerusalem Post's Diplomatic Conference at the Friends of Zion media center on Tuesday.
"The UN has become a despicable institution where truth is a lie and a lie is truth," Ohana added. "This is a modern blood libel, much like those spread by the Nazis."
Foreign Minister Gideon Sa'ar responded by calling the three authors of the report "Hamas proxies" adding that they are "notorious for their openly antisemitic positions."
"The report relies entirely on Hamas falsehoods, laundered and repeated by others," he said. "These fabrications have already been thoroughly debunked, including in an independent, in-depth academic study by BESA, which refuted every single false claim regarding genocide."
"Israel categorically rejects this distorted and false report and calls for the immediate abolition of this Commission of Inquiry."