Israel's war on Gaza: UN rights office calls for accountability, end to impunity

By Beyza Binnur Donmez

GENEVA (AA) - As Israel's devastating war on Gaza marks a year, the UN Human Rights Office spokesperson expressed grave concerns about widespread non-compliance with international human rights and humanitarian law, and a lack of accountability.

The Oct. 7, 2023 attack on Israel by the Palestinian group Hamas – in which about 1,200 people were killed and about 250 taken captive – was followed by Israel’s devastating offensive on the Palestinian enclave.

In the year since, nearly 42,000 people have been killed, most of Gaza’s 2.3 million population has been displaced, and much of the enclave has been reduced to rubble. Hunger and diseases are widespread.

Reflecting on the conflict, Ravina Shamdasani told Anadolu about the scale of violations of international humanitarian law, particularly concerning the protection of civilians.

"I think a key feature of this conflict has been non-compliance with international human rights law and international humanitarian law," Shamdasani said in an interview. "We have seen a lot of incidents which raise very serious questions about respect for principles of distinction, proportionality, respect for the paramount consideration which should be the protection of civilians."

Citing numerous instances of violence, she highlighted attacks on schools, humanitarian actors, civilians held hostage for extended periods, forced displacements, and reports of mass graves. Hospitals and ambulances have also been targeted, and the consistent blocking of humanitarian aid has compounded the suffering of the population.

"All of these acts could amount to very serious violations of international humanitarian law," Shamsadani said.

- Impunity as fuel for violence

The UN official stressed that the pervasive impunity has only "fueled the conflict" in the Middle East.

Asked whether such an impunity culture during the Gaza conflict might lead to similar violations in Lebanon, where Israel began extensive air attacks late last month and then started a ground invasion, she said: "When there is impunity for serious human rights violations, the parties to the conflict become more brazen."

"They become much more confident in being able to carry out further military actions without being bound by international humanitarian law."

The consequences of this impunity have been severe, leading to a growing cycle of "revenge and violence and injustice" across the Middle East over many decades, according to the spokesperson. She said the way to bring this cycle to an end is accountability.

The lack of justice not only emboldens further violations but also breeds extremism and deepens divisions between different communities, she said. Accountability, she emphasized, is critical to breaking this destructive cycle.

The spokesperson stressed that while the involvement of the International Criminal Court is significant, the responsibility for ensuring justice fundamentally rests with individual states. The Hague-based court's chief prosecutor has requested arrest warrants for top Israeli and Hamas leaders for alleged war crimes.

"It is important that the International Criminal Court is engaged on this situation, but the fundamental responsibility also lies with the state," the spokesperson said. "When Israel announces an investigation ... there needs to be consistent follow-up. There needs to be transparency in the way that these investigations are carried out, they need to be carried out independently, and there needs to be a result."

Shamdasani expressed concern over the limited progress toward accountability despite the multiple mechanisms available to pursue justice.

"There are many ways of insisting on accountability, using bilateral diplomacy to insist on investigations into major incidents of where human rights violations are alleged, using universal jurisdiction in your own national courts to bring to account those actors may be responsible for serious violations," she said, adding: "There are many different ways that accountability can take place, and unfortunately, we're not seeing enough of that."

- Documenting violations, pursuing justice

Despite the challenges posed by limited access to Gaza, the UN Human Rights Office has made significant efforts to document the conflict's impacts, Shamdasani said.

"It's very important that we document exactly what's going on in an objective way, based on the facts, not based on propaganda for any site," she explained. "And that has to be the beginning of accountability."

However, the process has been hampered by the inability of international actors, including journalists and investigators, to enter Gaza freely, she said. This has complicated efforts to conduct timely investigations into incidents of violence.

"What has made it more difficult is the lack of access," the spokesperson explained, calling the involvement of the ICC and the International Court of Justice (ICJ), as encouraging. South Africa's genocide case against Israel at the ICJ continues, with several countries including Türkiye, having joined the proceedings.

- Small steps towards accountability

While some steps have been made, such as the use of universal jurisdiction by national courts and the imposition of targeted sanctions, asset freezes and travel bans, she said these are not nearly enough to address the overwhelming impunity surrounding the conflict.

"There are some very small steps towards accountability," the spokesperson said. "But this is not enough. Unfortunately, largely, there is impunity for the violations that have taken place."

Even when investigations are initiated, they often fail to deliver justice, Shamdasani said, adding: "And even when, for example, the Israeli authorities announce an investigation, most of the time, you don't see it end in accountability and justice for the perpetrators and for the victims."

The spokesperson also called on the international community, particularly powerful states, to take a stronger role in holding the parties to the conflict accountable.

"What we need is for those states that have a strong influence over the parties to the conflict to use that influence to push for a cease-fire, to push for the release of the hostages, and to push for a sustainable, long-term solution, which, of course, is the two-state solution," she said.

She also reminded states of their legal responsibilities under the Geneva Conventions, particularly those supplying weapons to parties involved in the conflict.

"We have seen some states actually suspend certain shipments of arms where there is credible information to suggest that these arms may be used in violation of international humanitarian law," the spokesperson noted, urging more robust enforcement of these obligations.

"We remind all states that this is actually an obligation under international law for them to do that; we have not seen as much in that direction as there should be," she added.

- 'Right to self-defense does not give you the right to violate international humanitarian law'

Despite the challenges, Shamdasani underscored the importance of persisting in efforts to uphold international law. "We don't have the luxury of losing hope ... we need to double down and we need to continue to insist on respect for international law."

On the right to self-defense, which continues to be used as justification by Israel for every action it takes in Gaza, she said: "The right to self-defense does not give you the right to violate international humanitarian law. It does not give you the right to kill civilians without worrying about any consequences."

"It's very important that at this time, the international community comes together to insist more strongly than ever, on full respect for international humanitarian law."

As the conflict continues, the UN Human Rights Office remains committed to casting light on the situation and pushing for accountability, she said. "It will be very important for the UN Security Council and the UN member states to insist on accountability, to insist on a cease-fire, to insist on the release of those hostages who are still being held by Palestinian armed groups, and to take steps to work towards implementation of a two-state solution."

The spokesperson reiterated that the path to sustainable peace lies in accountability and a long-term political solution.

"We need powerful states to use their influence in the right way against on the parties to the conflict to make this happen," she said. "That really still is the only way out of this, and that really is the only way that we can try to ensure a sustainable peace for Palestinians, Israelis, Lebanese, Iranians, just everybody in the Middle East region."

The ongoing disregard for international humanitarian law has created a dire situation in Gaza, she said, underlining the need to reinforce the international law.