UN Report: Israeli Actions In Gaza Conflict Raise Concerns Over Compliance with Laws of War

A recent report by the United Nations-backed Independent International Commission of Inquiry on the Occupied Palestinian Territory has brought to light findings regarding the conduct of hostilities in Gaza. The report, presented to the UN Human Rights Council, outlines a series of allegations against Israeli forces during the recent conflict. The commission, chaired by Navi Pillay, has accused Israeli forces of employing heavy weapons in densely populated areas of Gaza, which the report describes as "intentional and direct attacks on the civilian population." According to Pillay, these actions have resulted in significant civilian casualties and extensive damage to infrastructure. Among the allegations detailed in the report are claims of forced transfers of Palestinians into unsafe living conditions, sexual and gender-based violence perpetrated by Israeli forces, and the destruction of civilian property. The commission stated that such actions may constitute war crimes under international humanitarian law. In response to the allegations, the report also acknowledged accusations of war crimes committed by Palestinian armed groups, including the intentional targeting of civilians and the use of indiscriminate weaponry against civilian areas in southern Israel. The principle of distinction requires parties to a conflict to distinguish between civilians and combatants, as well as between civilian objects and military targets. Allegations in the report suggest that Israeli forces may have failed to adequately distinguish between these categories, resulting in civilian harm that could potentially constitute war crimes. The principle of distinction, as stated in Rule 8 of the ICRC (International Committee of the Red Cross) Study on Customary International Humanitarian Law, mandates that parties to a conflict must distinguish at all times between civilians and combatants, as well as between civilian objects and military objectives. It imposes a duty to direct military operations solely against legitimate military targets while avoiding or minimizing harm to civilians and civilian property. The report also emphasized the prohibition of indiscriminate attacks, which includes actions not directed at a specific military objective or using weapons that cannot be directed precisely at such targets. The commission raised concerns over the reported use of heavy weaponry with wide-area effects in densely populated civilian areas. Indiscriminate attacks are prohibited under Rule 12 of the ICRC Study on Customary International Humanitarian Law, if they meet any of the following conditions: Firstly, if they are not directed at a specific military objective. Secondly, if they employ a method or means of combat that cannot be directed at a specific military objective. Thirdly, if they employ a method or means of combat the effects of which cannot be limited as required by IHL. The principle of precautions in attack obliges attacking forces to take feasible measures to minimize harm to civilians and civilian objects. This includes providing effective advance warnings to civilian populations and employing weapons and tactics that minimize civilian casualties. The report states the lack of adequate precautions taken by Israeli forces during their operations in Gaza. The commission noted that while Israeli authorities have contended their military operations were aimed at combating threats from Hamas, the tactics employed have raised serious concerns about compliance with international legal standards. The Independent International Commission of Inquiry on the Occupied Palestinian Territory (COI-OPT) is a body established by the United Nations Human Rights Council (UNHRC) on May 27, 2021 to investigate violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory, including East Jerusalem, and in Israel. In March 2024, the Human Rights Council passed two resolutions, in which it requested the Commission of Inquiry to present reports to the Human Rights Council at its fifty-ninth session in June 2025 on (i) settlers and settler groups involved in acts of terror, violence or intimidation against Palestinian civilians and the actions taken by Israel and third States to ensure accountability for violations of international law and (ii) the transfer or sale of arms, munitions, parts, components and dual use items to Israel and analyse legal consequences of these transfers, including those related to State responsibility.

UN Report: Israeli Actions In Gaza Conflict Raise Concerns Over Compliance with Laws of War

Rajesh Kumar

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