The Embassy of the State of Palestine to Ireland seeks to draw your attention to latest report of the independent commission of inquiry “COI” to Human Rights Council and has the pleasure provide a summary of the report for your kind attention.
Review of Allegations and Testimonies
- Unverified Allegations: The COI has reviewed testimonies obtained by journalists and the Israeli police concerning rape but has not been able to independently verify such allegations. Some specific allegations were found to be false, inaccurate, or contradictory with other evidence or statements.
Historical Context and Systematic Oppression
- The report emphasizes that the examined events were preceded by decades of violence, unlawful occupation of the OPT, and Israel’s denial of the Palestinians’ right to self-determination. This has manifested in continuous forced displacement, dispossession, exploitation of natural resources, blockade, settlement construction and expansion, and systematic discrimination and oppression of the Palestinian people.
Violations of International Law
- Use of Military Force: The COI is aware of allegations that Israeli occupation forces used the “Hannibal Directive” to prevent the capture of Israeli civilians and their transfer to Gaza, even at the cost of killing them. The COI confirmed the presence of at least eight attack helicopters in various locations on 7 October, but it could not confirm that they shot at civilians or civilian cars, including around the festival.
- Application of Hannibal Directive: The COI verified information indicating that, in at least two cases, Israeli occupation forces had likely applied the Hannibal Directive, resulting in the killing of up to 14 Israeli civilians. The COI also found that Israeli tank fire killed some or all of the 13 civilian hostages held in a house in the so-called “Be’eri”.
Collective Punishment and Blockade:
- Holding Population Hostage: The COI declared that holding the population of the Gaza Strip hostage to achieve political and military objectives, including the forced displacement of civilians from northern Gaza Strip, amounts to the collective punishment of the entire population for the actions of a few, which is a clear violation of international humanitarian law (IHL).
- Weaponizing Necessities: Israel has weaponized the withholding of life-sustaining necessities, cutting off supplies of water, food, electricity, fuel, and other essential supplies, including humanitarian assistance. This constitutes collective punishment and reprisal against the civilian population, both of which are clear violations of IHL.
Forced Displacement and Settlement Expansion
- Forcible Transfer: The COI documented and analysed statements by Israeli officials and public figures indicating an intent to forcibly transfer Palestinians, discussing a second Nakba, and proposing the transfer of the civilian population outside the Gaza Strip and re-establishing Israeli settlements. This intent underscores a systematic approach to ethnic cleansing.
- Incitement to Violence: The COI considers that those statements inciting to violence, discrimination, and hatred may have a causal connection to the commission of violations of international law, including war crimes.
Systematic Violations and Human Rights Abuses
- Systematic Targeting: The COI documented many incidents where Israeli occupation forces systematically targeted Palestinians. This included forced public nudity, forced public stripping, sexualized torture, abuse, and sexual humiliation and assault. Since October 7, Palestinians have been subjected to sexual and gender-based violence (SGBV) online and in person, with these actions contributing to the broader context of violence and oppression.
At the end of the report, the committee presented a set of recommendations, the most important of which are:
- Immediate end attacks resulting in the killing and maiming of civilians in Gaza strip.
- Ending the siege, implementing an immediate ceasefire, and allowing the entry of medical and humanitarian aid.
- Ensuring reparations, ensure safely return of all displaced Palestinians to their homes and ensure reconstruction of Gaza.
- Stopping sexual and gender-based violence against Palestinians.
- Treating Palestinian prisoners humanely in accordance with international humanitarian law.
- Adhering to the orders issued by the International Court of Justice.
- Allowing the committee to enter the occupied Palestinian territory to complete necessary investigations into the crimes and accusations committed by Israel.
- Implementing Article VII of the United Nations Charter and reaffirm the Palestinian people the right to self-determination.
- Demanding that member states fulfil their obligations under the Geneva Conventions, the Convention Against Torture, and genocide agreements, and assist the Office of the Prosecutor of the International Criminal Court in completing investigations.
