War Crimes Investigations in Israel, Palestine: UN
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Hashim Sheikh
- . November 28, 2023
- . Update: November 28, 2023 2:31 pm
UN experts have called for independent and transparent investigations in Israel and in the Occupied Palestinian Territory, and compliance under international law. They said the duty to investigate war crimes and crimes against humanity, including any act of summary or extrajudicial killing, torture or other outrages on human dignity is a fundamental legal obligation.
This comes after Israel launched an indiscriminate and unprecedented air and ground assault on the Gaza Strip following Hamas’ October 7 operation that left around 1,200 Israelis dead. But Israel’s continuous bombardment of Gaza that destroyed thousands of houses, destroyed hospitals and school, as well as refugee camps, displaced of 1.7 million Palestinians and killing of more than 15,000 civilians have sounded alarm.
Abu Sittah, a member of the charity Doctors Without Borders, highlighted that the primary target was residential homes, entire neighborhoods and families had been wiped out. He said the patients admitted at Al-Shifa had suffered blast injuries, resulting in traumas and fractures. “Some patients suffered burns that ran right into their ribs; others had been injured by high-velocity sniper bullets.”
Reporting War Crimes, Bringing Justice
The UN experts urged the international community to ensure that those responsible of war crimes, and crimes against humanity, other international crimes committed in the conflict, especially persons with command responsibility, are brought to justice.
It should be noted that there is no statute of limitation for such crimes, and they fall under universal jurisdiction. This means that courts in any country can exercise their authority to prosecute those responsible, irrespective of their nationality and the country where the crimes were committed. The experts urged all States to play a proactive role in identifying key suspected perpetrators and help facilitate prosecutions through the principle of mutual legal assistance.
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Hamas Committed War Crimes
The Palestine-based militant group Hamas also committed war crime on October 7 – incidents and footage of deliberate killings have been highlighted by the Human Rights Watch. Hamas fired thousands of rockets into civilian areas of Israel, resulting in death and casualties. The International Criminal Court (ICC) can investigate serious crimes committed by both Palestinian armed groups in Israel and by Israeli authorities in Gaza.
Israel is not a member of the ICC and has refused to sign the Rome Convention to join. It has used its influence with the United States to prevent or delay any serious consideration of the claims and charges against it. Over the years, Israel has used procedural tactics to avoid discussions on Palestinian claims.
