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The Pillay Commission

The United Nations Commission of Inquiry
on the Israeli-Palestinian Conflict

overview

Pillay Commission Is Not Impartial

In wake of the 11-day Hamas-Israel war of May 2021, the Palestinians and Pakistan, acting on behalf of the Islamic group of states, initiated an emergency session of the U.N. Human Rights Council and succeeded in creating yet another Commission of Inquiry targeting Israel and incentivizing Hamas.

This one, however, is unprecedented. Its scope includes not only the war of May 2021, but all events leading up to it, and since. They also have the broad mandate to examine “root causes” of the conflict, including alleged “systematic discrimination” based on race.

 

Whereas all past inquiries on Israel lasted for about a year, this one is perpetual—it goes on forever. 

UN rules require that commissioners be impartial. Pillay is the opposite. On repeated occasions, Pillay has publicly accused Israel of being an Apartheid state. She has even signed petitions lobbying governments to “Sanction apartheid Israel.”

Navi Pillay was appointed to ensure a guilty verdict against Israel, to label it an Apartheid state with the UN’s imprimatur.

To demand an end to this perpetual inquiry, which has all the credibility of a Stalinist show trial, please join UN Watch’s campaign by signing our petition.

History

Mandate and History

On 27 May 2021, at the request of the Palestinian delegation and Pakistan on behalf of the Islamic group of states (the Organization of Islamic Cooperation), the Human Rights Council held a special session on “the Grave Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem.”

By a vote of 24 to 9, with 14 abstentions, the Council adopted the resolution “Ensuring respect for international human rights law and international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, and in Israel.”

Those voting in favor: Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Burkina Faso, China, Côte d’Ivoire, Cuba, Eritrea, Gabon, Indonesia, Libya, Mauritania, Mexico, Namibia, Pakistan, Philippines, Russia, Senegal, Somalia, Sudan, Uzbekistan and Venezuela.

Voting against were: Austria, Bulgaria, Cameroon, Czech Republic, Germany, Malawi, Marshall Islands, United Kingdom, and Uruguay.

Through this resolution, HRC/30/1, the Human Rights Council decided to “urgently establish an ongoing, independent, international commission of inquiry to investigate, in the occupied Palestinian territory, including East Jerusalem, and in Israel, all alleged violations and abuses of international human rights law leading up and since 13 April 2021.”

The resolution further requested the commission of inquiry to “investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity.” 

The commission of inquiry was mandated to report to the Human Rights Council and to the General Assembly on an annual basis as from June 2022 and September 2022, respectively.

  • Investigate in the Occupied Palestinian Territory, including East Jerusalem, and in Israel all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up to and since 13 April 2021;
  • Investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity;
  • Establish the facts and circumstances that may amount to such violations and abuses and of crimes perpetrated;
  • Collect, consolidate and analyse evidence of such violations and abuses and of crimes perpetrated, and systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, in accordance with international law standards, in order to maximize the possibility of its admissibility in legal proceedings;
  • Document and verify relevant information and evidence, including through field engagement and by cooperating with judicial and other entities, as appropriate;
  • Identify, where possible, those responsible, with a view to ensuring that perpetrators of violations are held accountable;
  • Identify patterns of violations over time by analysing the similarities in findings and recommendations with and of previous United Nations fact-finding missions and commissions of inquiry on the situation;
  • Make recommendations, in particular on accountability measures, all with a view to avoiding and ending impunity and ensuring legal accountability, including individual criminal and command responsibility, for such violations, and justice for victims; and
  • Make recommendations on measures to be taken by third States to ensure respect for international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 1 common to the Geneva Conventions, and in fulfilment of their obligations under articles 146, 147 and 148 of the Fourth Geneva Convention, including by ensuring that they do not aid or assist in the commission of internationally wrongful acts.

Former Chair

Ms. Navi Pillay (South Africa)

Navi Pillay, appointed to head the COI, is well known for her bias towards Israel while UN High Commissioner of Human Rights in 2008-2014. In this position, she empaneled four fact-finding missions targeting Israel, more than any other country; oversaw the discredited Goldstone Report, which was later rejected by its primary author; permitted the appointment of the notoriously antisemitic Richard Falk as the Special Rapporteur for the Palestinians; and convened the 2009 Durban II conference, which was boycotted by most democracies, and provided Iranian President Mahmoud Ahmadinejad a prominent platform to disseminate antisemitic vitriol.

COI Members

Key documents

Background Documentation

Following are key documents connected to the Pillay Commission.

Terms of Reference
Resolution Creating the COI
COI Report to the UNHRC 50th Session

News & Press Releases

More News

Submissions to the COI

Screen Shot 2022-06-09 at 3.31.54 PM

On Palestinian Apartheid

UN Watch

NGOM submission

Submission to the 2022 UN Commission of Inquiry

NGO Monitor

hrw submission

Submission to to the United Nations Human Rights Committee in Advance of its review of Israel

Human Rights Watch

icj submission

Perpetuating impunity: Israel’s failure to ensure accountability for violations of international law in the Occupied Palestinian Territory

International Commission of Jurists

ihrc addameer submission

Apartheid in the Occupied West Bank: A Legal Analysis of Israel’s Actions

International Human Rights Clinic at Harvard Law School and Addameer

human rights voices1

Submission concerning the victims of Jew hatred incited by Nazi collaborator and Palestinian leader and mentor Grand Mufti of Jerusalem Amin al-Husseini

Human Rights Voices

Jerusalem Institute of Justice

Submission urging the Commission to investigate human rights violations committed by Hamas

Jerusalem Institute of Justice

Members of US Congress

Submission to take into consideration the Gaza Conflict 2021 Assessment produced by the Jewish Institute for National Security of America (JINSA)

Members of US Congress

More submissions

UN Watch Responses

UNW's Recusal Motion

UN Watch’s 30-page legal brief submitted to the UN, detailing how Navi Pillay violated UN rules by failing to disclose numerous of her prior statements that directly prejudge the matters before the inquiry, and calling on her to recuse herself.

Read Recusal Motion

Submission on Palestinian
Discrimination against Israelis

UN Watch’ official submission to the Commission of Inquiry  

Our submission

Side Event—The UN Inquiry on Israeli-Palestinian Conflict

On June 13th, the Human Rights Council will hear the first report of its new Commission of Inquiry which is investigating alleged war crimes during last year’s Hamas-Israel war, as well as alleged systematic discrimination in Israel and the Palestinian territories. To bring critical information to the public debate, UN Watch has invited experts to present testimony that will be submitted to the COI.

Watch Videos
Recusal Motion
Our submission
Watch Videos

Take Action

Demand an end to the U.N.'s anti-Israel inquisition

Please sign our petition to terminate the U.N.’s Commission of Inquiry targeting Israel, and spread the word on social media

Sign the Petition

Terminate the U.N.'s Perpetual Inquiry Against Israel

The U.N.’s new Commission of Inquiry against Israel, initiated by Pakistan and the PLO, is a travesty of justice. Despite U.N. rules requiring impartiality, each of three commissioners has a record of extreme anti-Israel positions. One of them was just condemned worldwide for making antisemitic remarks. It’s time to end the U.N.’s perpetual inquisition against the Jewish state.

join our campaign

Be Heard

Spread the word to demand justice

The UN's new Commission of Inquiry targeting Israel is a travesty of justice, a show trial sponsored by Pakistan & the PLO. Its members have long records of anti-Israel prejudice. One was just condemned for antisemitism. End the COI now. Sign the… Share on X

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