UN Officials and Bodies React to October 2023 Hamas Massacre & Aftermath
Below is a brief analysis of the statements published to date by UN officials and bodies concerning Hamas’s barbaric massacre against Israeli civilians which began on the morning of October 7, 2023 and its aftermath.
It is heartening that the most senior UN officials, including Secretary-General Antonio Guterres, High Commissioner for Human Rights Volker Turk, and Special Coordinator for Middle East Peace Tor Wennesland issued strong and immediate condemnations of Hamas. Unfortunately, they give Hamas legitimacy by failing to label Hamas a terrorist organization.
The High Commissioner referred to “Palestinian armed groups” and didn’t even mention Hamas. The Special Coordinator for Middle East Peace used the term “Hamas militants” instead of Hamas terrorists. In addition, it is regrettable that none of these initial statements talked about Hamas’s flagrant violations of international law or expressly affirmed Israel’s inherent right to self-defense.
In a later statement, on October 9th, the Secretary-General mentioned “Israel’s legitimate security concerns,” but this was only in the context of criticizing the impact on civilians of Israel’s retaliatory strikes on Hamas in Gaza. In a situation like this, where a UN member state is invaded and its civilians barbarically attacked, we would expect UN officials to refer to the UN Charter and strongly uphold that attacked state’s right to self-defense. This is the type of language we saw in the statements by the Secretary General and High Commissioner on Russia’s invasion of Ukraine in February 2022.
November 15, 2023: The Security Council adopted resolution 2712 (2023) sponsored by Malta by a vote of 12 to 0 with 3 abstentions (U.S., UK, and Russia). The resolution called for “urgent and extended humanitarian pauses” and for “the immediate and unconditional release of all hostages held by Hamas and other groups.” However, it did not condemn or even mention Hamas’ October 7th massacre of Israelis. Russia abstained because the resolution did not demand a humanitarian ceasefire.
U.S. Ambassador Linda Thomas-Greenfield said that she is horrified that a few Council members still cannot bring themselves to condemn the barbaric terrorist attack that Hamas carried out against Israel on 7 October. “What are they afraid of?” she asked. “Let’s be crystal clear: Hamas set this conflict in motion.”
UK Ambassador Barbara Woodward explained the UK’s abstention, saying that the United Kingdom regrets that it could not clearly condemn Hamas’ terrorist attacks of 7 October. “The barbarity of those attacks should be clear to us all,” she said.
Israel’s U.N. Ambassador Gilad Erdan issued a statement saying that the resolution “is disconnected from reality and is meaningless.”
Analysis: While the resolution does call for the release of hostages, the final language is weak “calls” instead of “demands.” Moreover, the fact that the world’s top body for maintaining peace and security still cannot condemn Hamas’s barbaric October 7th massacre more than five weeks later is more than tragic—it is a moral failure.
October 25, 2023: The Security Council failed to adopt two competing resolutions proposed by the U.S. and Russia. Both resolutions would have condemned the Hamas terrorist attacks, but the U.S. resolution also would have upheld Israel’s right to self-defense, urged respect for international law, and called for humanitarian pauses for the delivery of aid. The Russian resolution would have created a false moral equivalence between Israel and Hamas by adding a condemnation of indiscriminate attacks against civilians in Gaza. It also would have called for an immediate humanitarian ceasefire. The resolution failed by a vote of 10 to 3 (China, Russia, UAE) with 2 abstentions (Brazil, Mozambique). The Russian resolution failed by a vote of 4 (China, Gabon, Russia, UAE) to 2 (UK, U.S.) with 9 abstentions.
U.S. Ambassador Linda Thomas Greenfield criticized Russia for submitting its proposal at the last minute without conducting consultations. Russian Ambassador Vassily Nebenzia accused the U.S. of politicizing its resolution. China’s Ambassador Zhang Jun also criticized the U.S. draft as being divisive and containing “elements beyond the humanitarian realm.”
Analysis: Outrageously, more than two weeks after Hamas’s October 7th massacre, the world’s top body for maintaining peace and security still has not been able to reach consensus to unequivocally condemn the attacks and uphold Israel’s right to self-defense.
October 18, 2023: On October 18th, the Security Council again failed to reach consensus on a resolution with 12 members voting in favor of the Brazilian-led draft, the U.S. voting no and the UK and Russia abstaining. Brazilian Ambassador Sergio Franco Danese said the resolution had focused on the critical humanitarian situation and regretted that “the Council was yet again unable to adopt a resolution on the crisis.”
Russia had submitted two amendments, one calling for an immediate ceasefire, and a second calling to stop attacks on civilians. Both were rejected prior to the vote on the resolution. Therefore, Russia abstained.
U.S. Ambassador Linda Thomas-Greenfield explained the U.S. decision to veto the resolution because it did not mention Israel’s inherent right to self-defense under Article 51 of the UN Charter. For the same reason, the UK abstained. UK Ambassador Barbara Woodward also added that the resolution failed to condemn Hamas’s use of civilians as human shields.
Analysis: Nearly two weeks after Hamas’s barbaric attack on Israeli communities near the Gaza border, the Security Council has still not been able to unequivocally condemn the attacks and affirm Israel’s right to self-defense. Instead, the latest proposals focused only on the humanitarian situation in Gaza.
October 16, 2023: The 15-member UN Security Council rejected a proposed resolution by Russia that created a complete moral equivalence between Israel and Hamas by condemning violence and terrorism against civilians without mentioning Hamas. The vote was five (Russia, China, UAE, Mozambique, Gabin) to four (U.S., Britain, France, Japan) with six abstentions. Nine yes votes are needed to adopt a resolution in the Security Council. A rival Brazilian-drafted resolution condemning “the heinous terrorist attacks by Hamas was postponed to Tuesday.
U.S. Ambassador to the UN Linda Thomas-Greenfield commented on the Russian draft that “By failing to condemn Hamas, Russia is giving cover to a terrorist group that brutalizes innocent civilians. It is outrageous. It is hypocritical and it is indefensible.” UK Ambassador to the UN Barbara Woodward said that it would be “unconscionable for this council to ignore the largest terror attack in Israel’s history.”
Analysis: It is shocking that more than two weeks after Hamas’s barbaric October 7th massacre of Israeli civilians, the UN Security Council has still failed to take any action.
October 8, 2023: The UN Security Council held an emergency meeting, behind closed doors, to discuss the situation. The U.S. demanded the 15-member body strongly condemn Hamas’s “heinous terrorist attacks.” While a number of Security Council members supported the U.S., a consensus could not be reached. Therefore, no action was taken and no official statement was released.
Rather than condemning Hamas for its crimes, Russia and China issued a general condemnation of all attacks on civilians and emphasized the need for a ceasefire.
Analysis: It is tragic that the UN Security Council, the world’s top body for maintaining international peace and security, was unable to reach a consensus on condemning Hamas’s brutal massacre of Israeli civilians on Saturday. All moral, law-abiding states should be able to agree that such heinous acts deserves to be condemned.
By contrast, on the day after 9/11, the UNSC strongly condemned the attacks, and deemed them a threat to international peace and security. In Resolution 1368, the UNSC expressed sympathy and condolences to the victims and their families and the U.S. government. The resolution called on all countries to co-operate in bringing the perpetrators, organizers and sponsors of the attacks to justice, and stressed that those responsible for supporting the perpetrators, organisers and sponsors would be held accountable. A similar resolution should likewise have been adopted against Hamas and its sponsors.
I am deeply shocked that two UNRWA schools were struck in less than 24 hours in Gaza. Dozens of people – many women and children – were killed and injured as they were seeking safety in United Nations premises.
Hundreds of thousands of Palestinian civilians are seeking shelter at United Nations facilities throughout Gaza due to the intensified fighting. I reaffirm that our premises are inviolable.
This war is having a staggering and unacceptable number of civilian casualties, including women and children, every day. This must stop.
I reiterate my call for an immediate humanitarian ceasefire.
I also want to express my deep appreciation for all the mediation efforts led by the government of Qatar.
Analysis: The Secretary-General is highly critical of strikes on two UNRWA schools. While the statement does not name either Israel or Hamas, Israeli responsibility for the harm is implied. The Secretary-General should directly condemn Hamas for embedding itself in the civilian infrastructure of Gaza, thus using Gaza civilians as human shields. This complicates Israel’s efforts to avoid civilian casualties when targeting Hamas’ military infrastructure.
November 14, 2023: “The Secretary-General is deeply disturbed by the horrible situation and dramatic loss of life in several hospitals in Gaza. In the name of humanity, the Secretary-General calls for an immediate humanitarian ceasefire.”
Analysis: Any statement that criticizes loss of life in Gaza hospitals without mentioning Hamas’ use of those hospitals for its military operations—a war crime—a fact that has been widely reported and well known for many years, is completely lacking in moral clarity.
November 9, 2023: “Of course, nothing justifies the abhorrent acts of
terror by Hamas in Israel on 7 October which I utterly condemn. Israelis and
others were brutally killed or abducted – and I call once again for the
unconditional return of all hostages.
Now civilians in Gaza – including children and women
– face a never-ending humanitarian nightmare. Their neighborhoods wiped
out. Their loved ones killed. Bombs raining down, while being
denied life’s very basics – food, water, medicine, electricity. Some
life-saving aid is beginning to trickle into Gaza. But, let’s face it,
it’s a drop in the ocean. The needs are enormous.
We must step up to assist and protect civilians in Gaza. That means an
immediate humanitarian ceasefire. It means ensuring full respect of
international humanitarian law. It means protecting hospitals, UN facilities,
shelters, and schools.”
Analysis: The statement calls for protecting civilians
in Gaza. Other than one mention of Hamas in the context of its October 7th
massacre, it does not name perpetrators. However, the description “bombs
raining down, while being denied life’s very basics,” implies that Israel is
responsible for the plight of Gazans. The Secretary-General should not avoid
calling our Hamas directly for its violations and holding it responsible for
the plight of Gazans. Hamas uses the Gazan people as human shields and keeps
essential provisions for itself instead of distributing them to Gazans in need.
Yes, hospitals and other civilian structures should be protected, but unfortunately
Hamas has converted many of them into military targets. The Secretary-General
should condemn that.
November
7, 2023: “One month after the horrific events of 7 October,
the Secretary-General reiterates his total condemnation of the acts of terror
committed by Hamas in Israel for which there can be no justification. He will
never forget the horrendous images of civilians being killed and maimed
and others being dragged away into captivity. He reiterates his appeal for
their immediate and unconditional release.
The Secretary-General remains extremely distressed
by the killing of civilians in Gaza and the humanitarian catastrophe
that continues to unfold in Gaza, with an unimaginable toll on civilians. He
also reiterates his call for an immediate humanitarian ceasefire.”
Analysis: In this statement,
the Secretary-General reiterates his call for the immediate and unconditional
release of hostages and for an immediate and humanitarian ceasefire. While the
Secretary-General condemns Hamas for its attack on Israel, he never holds Hamas
accountable for the plight of Palestinian civilians in Gaza. This statement
also ignores Hamas’ continued attacks and threats against Israel.
November 6, 2023: “The way forward is clear. A humanitarian ceasefire. Now. All parties respecting all their obligations under international humanitarian law. Now. This means the unconditional release of the hostages in Gaza. Now. The protection of civilians, hospitals, UN facilities, shelters and schools. Now. More food, more water, more medicine and of course fuel – entering Gaza safely, swiftly and at the scale needed. Now. Unfettered access to deliver supplies to all people in need in Gaza. Now. And the end of the use of civilians as human shields. Now. None of these appeals should be conditional on the others. And for all of this, we need more funding – now.
In addition, I remain gravely concerned about rising violence and an expansion of the conflict. The occupied West Bank, including East Jerusalem, is at a boiling point. Let us also not forget the importance of addressing the risks of the conflict spilling over to the wider region. We are already witnessing a spiral of escalation from Lebanon and Syria, to Iraq and Yemen. That escalation must stop…
Hateful rhetoric and provocative actions must cease. I am deeply troubled by the rise in antisemitism and anti-Muslim bigotry. Jewish and Muslim communities in many parts of the world are on high alert, fearing for their personal safety and security…
Analysis: In this statement, the Secretary-General attempts to be very evenhanded. He repeats his call for a humanitarian ceasefire, calling on “all parties” to respect their obligations under international humanitarian law. He criticizes both Israeli ground operations which are hitting civilians and Hamas indiscriminate rocket fire and use of civilians as human shields. The problem is that in addressing the two sides 100% equally, Guterres fails to acknowledge Israel’s security needs and Hamas’ continued threats. Guterres likewise treats the issue of antisemitism and Islamophobia 100% equally when these are not at all equal issues.
November 3, 2023: “I am horrified by the reported attack in Gaza on an ambulance convoy outside Al Shifa hospital. The images of bodies strewn on the street outside the hospital are harrowing. I do not forget the terror attacks committed in Israel by Hamas and the killing, maiming and abductions, including of women and children. All hostages held in Gaza must be released immediately and unconditionally. Now, for nearly one month, civilians in Gaza, including children and women, have been besieged, denied aid, killed, and bombed out of their homes. This must stop…”
Analysis: This statement expresses horror at a strike on an ambulance convoy leaving the Al Shifa hospital without naming any perpetrators. Indeed, Israel and Hamas are mentioned only once by name when referring to Hamas’ October 7th massacre. Aside from this one reference which includes a call to release the hostages, the statement focuses entirely on the situation in Gaza. Thus, although no perpetrators are mentioned by name, Israel is the presumed target of this one-sided statement. Unfortunately, it appears that the Secretary-General places all the blame for the humanitarian situation in Gaza on Israel. The statement does not mention Hamas’s use of civilian infrastructure, including ambulances, for military purposes in violation of international law. It also does not mention Hamas’s hoarding of provisions, including fuel for its military operations against Israel. Furthermore, the statement completely ignores Israel’s efforts to protect Gaza civilians and its facilitation of humanitarian aid into Gaza. Moreover, there is no mention of Hamas’ continued indiscriminate rocket fire against Israeli civilians or its stated intention to perpetrate more October 7th-style massacres, thus completely disregarding Israel’s security needs and its need to continue the military operation against Hamas. By calling for a ceasefire, the Secretary-General plays into the hands of Hamas because a ceasefire that leaves Hamas in power only ensures further violence. Finally, if the Secretary-General is truly concerned about a “spillover of the conflict” in the whole region, his statements should also condemn Iran. It is Iran’s widespread support for terrorism which has already caused in
stability across the whole region, including now in Israel where Iran’s proxies, Hezbollah and the Yemeni Houthis have attacked.
October 31, 2023: “I am deeply alarmed by the intensification of the conflict between Israel and Hamas and other Palestinian armed groups in Gaza. This includes the expansion of ground operations by the Israel Defense Forces accompanied by intense air strikes, and the continued rocket fire towards Israel from Gaza. Civilians have borne the brunt of the current fighting from the outset. Protection of civilians on both sides is paramount and must be respected at all times. I repeat my utter condemnation of the acts of terror perpetrated by Hamas on 7 October. There is never any justification for the killing, injuring and abduction of civilians. I appeal for the immediate and unconditional release of those civilians held hostage by Hamas. I condemn the killing of civilians in Gaza and I am dismayed by reports that two-thirds of those who have been killed are women and children…
International humanitarian law establishes clear rules that cannot be ignored. It is not an a la carte menu and cannot be applied selectively. All parties must abide by it, including the principles of distinction, proportionality, and precaution…
I reiterate my call for an immediate humanitarian ceasefire and for unimpeded humanitarian access to be granted consistently, safely and to scale in order to meet the urgent needs created by the catastrophe unfolding in Gaza. I remain deeply concerned about the risk of a dangerous escalation beyond Gaza and urge all leaders to exercise utmost restraint to avoid a wider conflagration.”
Analysis: The Secretary-General makes sure to include a condemnation of Hamas’ October 7th massacre and hostage-taking in his statements, but otherwise focuses on criticizing Israel’s military operation in Gaza. At the same time, he mostly glosses Hamas’ continued attacks on Israeli civilians and ignores its overt threats to repeat the October 7th massacre. In doing so, he effectively denies Israel’s security needs. At the same time, the Secretary-General ignores all evidence that Hamas is endangering Gaza civilians and that Israel is doing its best to protect them. Furthermore, by treating Israel and Hamas equally and calling on “all sides” to abide by international law, Guterres creates a false moral equivalency and implies that Israel is violating the law. This disregards the high standards to which Israel holds it army, the rigorous legal review it undertakes before any strike, and the efforts it takes to prevent harm to civilians. Any call for a ceasefire that keeps Hamas in place only ensures more savage killings and conflicts such as this.
October 28, 2023: “Regarding the situation in Gaza, I was encouraged in the last days by what seemed to be a growing consensus in the international community, including the countries supporting Israel, for the need of at least a humanitarian pause in the fighting to facilitate the release of hostages in Gaza, the evacuation of third country nationals and the necessary massive scale up of the delivery of humanitarian aid to the people in Gaza.
Regrettably, instead of the pause, I was surprised by an unprecedented escalation of the bombardments and their devastating impacts, undermining the referred humanitarian objectives…
This situation must be reversed. I reiterate my strong appeal for an immediate humanitarian ceasefire, together with the unconditional release of hostages and a delivery of humanitarian relief at the level that corresponds to the dramatic needs of the people in Gaza, where a humanitarian catastrophe is unfolding in front of our eyes.”
Analysis: The Secretary-General attempts to present his call for a humanitarian pause as even-handed, something that will benefit both sides. He appeals for “unconditional release of hostages and a delivery of humanitarian relief at the level that corresponds to the dramatic needs of the people in Gaza.” In reality, however, the Secretary-General must know that a humanitarian pause will not result in the release of the 240 hostages who Hamas is using as part of its psychological warfare against Israel. In this situation, a humanitarian pause will benefit only Hamas by giving it time to regroup. The Secretary-General should instead be demanding that Hamas, which clearly has its own stocks of provisions, supply its people with whatever humanitarian aid they need and facilitate their evacuation away from conflict-zones.
October 27, 2023: “The humanitarian system in Gaza is facing a total collapse with unimaginable consequences for more than 2 million civilians. As the bombing intensifies, needs are growing ever more critical and colossal. About 500 trucks per day were crossing into Gaza before the hostilities began.
In recent days, an average of only 12 trucks per day have entered, despite needs being far greater than at any time before. In addition, the supplies that have trickled in do not include fuel for United Nations operations – fuel which is also essential to power hospitals, water desalination plants, food production and aid distribution…
I welcome the growing global consensus for a humanitarian pause in the conflict. I repeat my call for a humanitarian ceasefire, the unconditional release of all hostages, and the delivery of life-saving supplies at the scale needed.”
Analysis: While not naming names, this statement puts all the blame on Israel for the dire humanitarian situation in Gaza, which references only Israel’s bombings and how much humanitarian aid Israel is permitting into the Strip. At the same time, the statement ignores Hamas’s horrific attack that led to this situation, its continued bombardments of Israeli civilians, and the fact that it is hoarding provisions for itself rather than distributing them to Gazans in need. By calling for a ceasefire which will only benefit Hamas and harm Israel, the Secretary-General emboldens Hamas to continue its violations knowing it will never be held to account by the international community.
October 25, 2023: “I am shocked by the misinterpretations by some of my statement yesterday in the Security Council – as if I was justifying acts of terror by Hamas. This is false. It was the opposite. In the beginning of my intervention yesterday, I clearly stated – and I quote. I have condemned unequivocally the horrifying and unprecedented 7 October acts of terror by Hamas in Israel. Nothing can justify the deliberate killing, injuring and kidnapping of civilians – or the launching of rockets against civilian targets. Indeed, I spoke of the grievances of the Palestinian people and in doing so, I also clearly stated, and I quote: ‘But the grievances of the Palestinian people cannot justify the appalling attacks by Hamas.’ And then I went on with my intervention referring to all my positions on all aspects of the Middle East crisis. I believe I was necessary to set the record straight – especially out of respect to the victims and to their families.”
Analysis: Perhaps the Secretary-General did not originally intend to justify Hamas’s attacks, but this follow-up doubles down on that original statement, thereby reinforcing it and missing the point entirely. Even if Guterres’s original statement later said that “the grievances of the Palestinian people cannot justify the appalling attacks by Hamas,” his earlier words that the attack “did not happen in a vacuum” still justified the attacks in at least two ways. First, by connecting the Hamas attacks to “56 years of suffocating occupation” and “the grievances of the Palestinian people,” The Secretary-General implied a cause and effect, i.e., the Hamas attacks occurred because of the suffering of the Palestinian people. This is false. There was no cause and effect here. The goal of the Hamas attack was not to end the “56 years” occupation, but to undo and eliminate the State of Israel which dates back 75 years to 1948. Second, by following the statement that the attacks “did not happen in a vacuum” with a one-sided reference to the “occupation” and “Palestinian grievances”, the Secretary-General ignored the full context and implicitly blamed Israel for the situation while giving both the PA and Hamas a free pass. Any discussion of context is incomplete if it does not mention Palestinian incitement, terrorism, and rejectionism of Israel’s right to exist, all of which long predate the 1967 six-day war and ensuing Israeli occupation. We expect the UN’s highest official to unequivocally condemn terrorism without implying any excuses and to affirm the attacked state’s right to self-defense under the UN Charter.
October 25, 2023: “I am shocked by the misinterpretations by some of my statement yesterday in the Security Council – as if I was justifying acts of terror by Hamas. This is false. It was the opposite. In the beginning of my intervention yesterday, I clearly stated – and I quote. I have condemned unequivocally the horrifying and unprecedented 7 October acts of terror by Hamas in Israel. Nothing can justify the deliberate killing, injuring and kidnapping of civilians – or the launching of rockets against civilian targets. Indeed, I spoke of the grievances of the Palestinian people and in doing so, I also clearly stated, and I quote: ‘But the grievances of the Palestinian people cannot justify the appalling attacks by Hamas.’ And then I went on with my intervention referring to all my positions on all aspects of the Middle East crisis. I believe I was necessary to set the record straight – especially out of respect to the victims and to their families.”
Analysis: Perhaps the Secretary-General did not originally intend to justify Hamas’s attacks, but this follow-up doubles down on that original statement, thereby reinforcing it and missing the point entirely. Even if Guterres’s original statement later said that “the grievances of the Palestinian people cannot justify the appalling attacks by Hamas,” his earlier words that the attack “did not happen in a vacuum” still justified the attacks in at least two ways. First, by connecting the Hamas attacks to “56 years of suffocating occupation” and “the grievances of the Palestinian people,” The Secretary-General implied a cause and effect, i.e., the Hamas attacks occurred because of the suffering of the Palestinian people. This is false. There was no cause and effect here. The goal of the Hamas attack was not to end the “56 years” occupation, but to undo and eliminate the State of Israel which dates back 75 years to 1948. Second, by following the statement that the attacks “did not happen in a vacuum” with a one-sided reference to the “occupation” and “Palestinian grievances”, the Secretary-General ignored the full context and implicitly blamed Israel for the situation while giving both the PA and Hamas a free pass. Any discussion of context is incomplete if it does not mention Palestinian incitement, terrorism, and rejectionism of Israel’s right to exist, all of which long predate the 1967 six-day war and ensuing Israeli occupation. We expect the UN’s highest official to unequivocally condemn terrorism without implying any excuses and to affirm the attacked state’s right to self-defense under the UN Charter.
October 24, 2023: “I have condemned unequivocally the horrifying and unprecedented 7 October acts of terror by Hamas in Israel. Nothing can justify the deliberate killing, injuring and kidnapping of civilians – or the launching of rockets against civilian targets. All hostages must be treated humanely and released immediately and without conditions. I respectfully note the presence among us of members of their families.
It is important to also recognize the attacks by Hamas did not happen in a vacuum. The Palestinian people have been subjected to 56 years of suffocating occupation. They have seen their land steadily devoured by settlements and plagued by violence; their economy stifled; their people displaced and their homes demolished. Their hopes for a political solution to their plight have been vanishing. But the grievances of the Palestinian people cannot justify the appalling attacks by Hamas. And those appalling attacks cannot justify the collective punishment of the Palestinian people.
Protecting civilians does not mean ordering more than one million people to evacuate to the south, where there is no shelter, no food, no water, no medicine and no fuel, and then continuing to bomb the south itself. I am deeply concerned about the clear violations of international humanitarian law that we are witnessing in Gaza. Let me be clear: No party to an armed conflict is above international humanitarian law.
Analysis: At the same time Secretary-General Guterres insists that “nothing can justify” Hamas’s October 7th attack, Guterres does exactly that. He justifies Hamas’s brutal slaughter of Israelis by saying that the Hamas attacks “did not happen in a vacuum,” referring to “56 years of suffocating occupation” and “their land steadily devoured by settlements.” Guterres then blames the lack of peace entirely on Israel, absolving the Palestinians of any responsibility for their own plight.
Guterres’s depiction of the situation is completely one-sided and omits many crucial facts. For example, Hamas itself admits its goal is not to end the occupation, but to eliminate the State of Israel. Therefore, its attack had nothing to do with 56 years of occupation. Regarding settlements, Israel proved its willingness to dismantle settlements when it completely withdrew from Gaza in 2005. Instead of taking the opportunity to build a Singapore on the Mediterranean, the Palestinians elected Hamas and turned Gaza into a terrorist base to launch indiscriminate rocket attacks against Israeli civilians. To suggest that Israel’s response constitutes “collective punishment” is false and inflammatory. It distorts a legal response to being attacked by an enemy terrorist group – Hamas – which massacred 1300 Israelis on October 7th, and has since fired more than 5,000 rockets at Israeli civilians. Israel has the right and duty to stop these attacks. Most importantly, Guterres disregards that the Palestinians have rejected opportunities for peace with Israel time and time again, including by rejecting the 1947 UN partition plan as well as more recent Israeli peace offers. For more information about this, see UN Watch’s Countering Item 7 page.
Guterres also states, without identifying perpetrators, that he is deeply concerned about “clear violations of international law” in Gaza. By not naming perpetrators, Guterres is obviously accusing Israel. Instead of unequivocally affirming Israel’s right to self-defense, supporting its legitimate goal of eradicating the terrorist group Hamas, and commending Israel’s efforts to minimize civilian casualties, Guterres undermines Israel’s ability to protect its citizens.
It is appalling that the UN’s top official, who is supposed to be neutral and impartial, would wholeheartedly adopt the one-side, historically revisionist Palestinian narrative that denies Israel – a UN member state – the right to self-defense.
October 21, 2023: “The grievances of the Palestinian people are legitimate and long. We cannot and must not ignore the wider context for these tragic events: the longstanding conflict and 56 years of occupation with no end in sight. But nothing can justify the reprehensible assault by Hamas that terrorized Israeli civilians. And those abhorrent attacks can never justify the collective punishment of the Palestinian people. International humanitarian law – including the Geneva Conventions – must be upheld. That includes protecting civilians and not attacking hospitals, schools and UN premises that are currently sheltering half a million people.”
Analysis: The statement appears to suggest that Israel is engaging in “collective punishment of the Palestinian people” and not abiding by the Geneva Conventions by attacking hospitals, schools and UN facilities. The statement does not mention Hamas’s use of Gaza civilians as human shields, Israeli efforts to avoid civilian casualties, or Israel’s right to self-defense. The statement prejudges Israel guilty without taking all of the facts and context into consideration. The only context mentioned here is “56 years of occupation,” but all this does is to belittle the threat posed by Hamas. Hamas itself admitted that it’s goal is not to end the occupation, but to end the State of Israel. In addition, by accusing Israel of “collective punishment” against the Palestinians, the Secretary-General misrepresents Israel’s military response as punitive rather than defensive and ultimately undermines Israel’s ability to forcefully defend against Hamas.
October 21, 2023: “The Secretary-General is grateful for the assistance of the Emir of Qatar for his efforts to secure the release of two Americans who had been held hostage in Gaza. The Secretary-General renews his call for an immediate and unconditional release of all hostages. He calls once again for unhindered and sustained humanitarian access in Gaza; full respect for international humanitarian law and the protection of civilians; as well as for a concerted effort by the international community to avoid a wider regional spill-over of the conflict.”
Analysis: It is commendable that the Secretary-General calls for the release of the Israeli hostages held by Hamas. Yet, the statement does not go for enough. The Secretary-General calls for “unhindered and sustained humanitarian access in Gaza,” but does not call for the same humanitarian access for the hostages, including a visit by the ICRC. The Secretary-General is rightly concerned about “a wider regional spill-over of the conflict,” but fails to name the main perpetrator Iran. Instead of directing his call generally to “the international community,” the Secretary-General should address Iran and demand that it stop its terrorist proxies’ – Hamas, Hezbollah, Palestinian Islamic Jihad – genocidal attacks on Israel.
October 20, 2023: “I have repeatedly said that the barbaric attack by Hamas needs to be condemned. But I’ve also said they cannot be a pretext for a collective punishment of the Palestinian people. It’s absolutely essential to respect international humanitarian law. It’s absolutely essential to protect civilians. And it’s absolutely essential to make humanitarian aid come to the Palestinians in need.”
Analysis: This statement focuses on the need for humanitarian aid to Gaza but makes no mention of the more than 200 hostages being held by Hamas. Moreover, by accusing Israel of “collective punishment” against the Palestinians, the Secretary-General misrepresents Israel’s military response as punitive rather than defensive and ultimately undermines Israel’s ability to forcefully defend against Hamas.
October 19, 2023: “That crisis was triggered by the atrocious 7 October Hamas attacks that killed, injured and kidnapped a large number of civilians – from Israel and, indeed, around the world.
This led Israel to a total siege on Gaza and a relentless bombing campaign, with an ever-mounting toll on civilians – the vast majority of whom are women and children, but also journalists, health workers and many others including our own UN staff.
Let me be very clear in reaffirming that international humanitarian law must be respected; that the protection of civilians is also a must and any attack on a hospital or a school or UN premises are forbidden under international law.
In the face of this humanitarian catastrophe, I am calling for two immediate humanitarian actions.
To Hamas, for the immediate and unconditional release of the hostages.
To Israel, for immediate unrestricted access of humanitarian aid to respond to the most basic needs of the people of Gaza.
Let me be clear. The Palestinian people have legitimate and deep grievances after 56 years of occupation.
But, as serious as those grievances are, they cannot justify terror attacks.
And as appalling as those attacks have been, they cannot justify the collective punishment of the Palestinian people.
Both of my humanitarian appeals are essential in and of themselves.”
Analysis: Missing from this statement is an acknowledgement by the Secretary-General that Israel’s military response is a defensive action against Hamas and that it has the full right under international law to take such action. Instead, Secretary-General Guterres portrays Israel’s response as a punitive measure against innocent Gazans and a violation of international law, ultimately undermining Israel’s ability to act in self-defense. The Secretary-General should hold Hamas accountable for the plight of Palestinians in Gaza. In addition, to suggest that the Hamas massacre has anything to do with “56 years of occupation” misses the point entirely and belittles the threat Hamas poses to Israel. Hamas itself admits that it’s goal is not to end the occupation, but to end the State of Israel.
October 17, 2023: “The Secretary-General condemns the strike this evening on Al Ahli Anglican Episcopal Hospital in Gaza, with preliminary reports of hundreds killed and many others wounded, including women and children. He also condemns the attack on an UNRWA school earlier today in Al-Maghazi refugee camp in Gaza which killed at least six people.”
Analysis: Secretary-General Guterres rightly condemns the strike on a Gaza hospital. Apparently, this statement was issued before it was confirmed that the strike was caused by a misfired PIJ rocket. Now that it has been confirmed, we expect the Secretary-General to expressly condemn PIJ for that indiscriminate rocket fire which is a war crime.
October 15, 2023: “In this dramatic moment, as we are on the verge of the abyss in the Middle East, it is my duty as Secretary-General of the United Nations to make two strong humanitarian appeals. To Hamas, the hostages must be immediately released without conditions. To Israel, rapid and unimpeded access for humanitarian aid must be granted for humanitarian supplies and workers for the sake of the civilians in Gaza. Gaza is running out of water, electricity and other essential supplies. The United Nations has stocks available of food, water, non-food items, medical supplies and fuel, located in Egypt, Jordan, the West Bank and Israel. These goods can be dispatched within hours. To ensure delivery, our selfless staff on the ground, along with NGO partners, need to be able to bring these supplies into and throughout Gaza safely, and without impediment to deliver to those in need. Each one of these two objectives are valid in themselves. They should not become bargaining chips and they must be implemented because it is the right thing to do.”
Analysis: This is a humanitarian appeal by the Secretary-General which calls both for the release of Israeli hostages and for provision of humanitarian aid to Gaza. Unfortunately, the statement does not mention Hamas’s role in coopting humanitarian aid meant for Gazans for its own purposes. In omitting crucial facts, the statements creates a false moral equivalency between Israel and Hamas. At the end of the day, Hamas is responsible both for the well-being of the Israeli hostages and the well-being of the Palestinians in Gaza, and Guterres should be clear about that.
October 13, 2023: “The situation in Gaza has reached a dangerous new low. The horrific terror attacks by Hamas on Israel that killed more than 1200 people and injured thousands more last Saturday were followed by intense bombardment of Gaza that has already killed 1800 people, and injured thousands more. After days of airstrikes, the Israeli Defense Forces have ordered the Palestinians in Gaza City and its surroundings to move to the south of the territory. Moving more than one million people across a densely populated warzone to a place with no food, water, or accommodation, when the entire territory is under siege, is extremely dangerous –and in some cases, simply not possible…
Even wars have rules. International humanitarian law and human rights law must be respected and upheld; civilians must be protected and also never used as shields. And all hostages in Gaza must be released immediately. It is imperative that all parties – and those with influence over them – do everything possible to achieve these steps.
Finally, I want to say something about the hatred that is being stoked by this terrible conflict – across the Middle East and around the world. Dehumanizing language that incites violence is never accepted. I call on all leaders to speak out against Antisemitism, anti-Muslim bigotry and hate speech of all kinds.”
Analysis: In describing the course of events, this statement omits the crucial point that Israel’s response to Hamas’s brutal October 7th attack is justified under international law as a matter of self-defense, and instead implies that Israel’s counterstrikes violate international law. By leaving that out, the Secretary-General creates a false moral equivalence between Israel and Hamas. The Secretary-General also criticizes Israel for calling for an evacuation instead of giving Israel credit for trying to minimize civilian casualties. Finally, while the Secretary-General rightly criticized “the hatred being stoked by this terrible conflict,” he ended with a generic and weak call to “speak out against anti-Semitism and anti-Muslim bigotry.” At this time, when antisemitism is running rampant worldwide, and pro-Palestinian protests are cheering the Hamas massacre, the Secretary-General should have issued a strong condemnation of antisemitism. There was no need to also mentioning anti-Muslim bigotry, which has not exploded in the same way as antisemitism following Hamas’s October 7th massacre.
October 12, 2023: “Today [12 October] just before midnight local time, team leaders of the UN Office of the Coordination of Humanitarian Affairs and the Department of Safety and Security in Gaza were informed by their liaison officers in the Israeli military that the entire population of Gaza north of Wadi Gaza should relocate to southern Gaza within the next 24 hours. This amounts to approximately 1.1 million people. The same order applied to all UN staff and those sheltered in UN facilities – including schools, health centres and clinics. The United Nations considers it impossible for such a movement to take place without devastating humanitarian consequences. The United Nations strongly appeals for any such order, if confirmed, to be rescinded avoiding what could transform what is already a tragedy into a calamitous situation.”
Analysis: The Secretary-General is highly critical of Israel’s evacuation order for Northern Gaza. At the same time, the Secretary-General should give Israel credit for providing warnings and trying to avoid civilian casualties.
October 11, 2023: “We must avoid spillover of the conflict. I am concerned about the recent exchange of fire along the Blue Line and recent reported attacks from Southern Lebanon. I appeal to all parties – and those who have an influence over those parties — to avoid any further escalation and spillover. I call for the immediate release of all Israeli hostages held in Gaza. Civilians must be protected at all times. International humanitarian law must be respected and upheld.”
Analysis: Secretary-General Guterres appeals to “all parties” to “avoid any further escalation and spillover.” This is vague and general. The Secretary-General should be clear and direct in calling on Iran, the one party that sponsors, finances, trains, and ultimately controls the Palestinian terrorist groups – Hamas, Palestinian Islamic Jihad, and Hezbollah – to stop its genocidal threats and attacks against Israel and to stop supporting these organizations.
Condemning Hamas: Let me begin by repeating my utter condemnation of the abhorrent attacks by Hamas and others against Israeli towns and villages in the Gaza periphery, which have left over 800 Israelis dead and more than 2,500 injured.
I recognize the legitimate grievances of the Palestinian people. But nothing can justify these acts of terror and the killing, maiming and abduction of civilians. I reiterate my call to immediately cease these attacks and release all hostages.
Criticizing Israel: I am deeply alarmed by reports of over 500 Palestinians — including women and children — killed in Gaza and over 3,000 injured.
While I recognize Israel’s legitimate security concerns, I also remind Israel that military operations must be conducted in strict accordance with international humanitarian law.
I am deeply distressed by today’s announcement that Israel will initiate a complete siege of the Gaza Strip, nothing allowed in – no electricity, food, or fuel.
This most recent violence does not come in a vacuum. The reality is that it grows out of a long-standing conflict, with a 56-year long occupation and no political end in sight.
Analysis: Secretary-General Guterres’s condemnation of Hamas was strong, but the statement was not strong enough on defending Israel’s inherent right to self-defense. It “recognized Israel’s legitimate security concerns” only in the context of criticizing Israel’s harsh response, implying that it may not be compliant with international law. Outrageously, the Secretary-General’s comments about the need to protect civilians and civilian infrastructure were directed only at Israel in the context of its response, and not at Hamas or Palestinian Islamic Jihad which have been pounding Israeli cities with thousands of indiscriminate rockets—a war crime. The statement also fails to mention Hamas’s use of civilians and civilian infrastructure as human shields, which is also a war crime. Moreover, connecting Hamas’s barbaric assault to the “56-year long occupation” is misleading and belittles the threat posed by Hamas. Hamas is not seeking to end the occupation, but to end the State of Israel.
October 7, 2023: The Secretary-General condemns in the strongest terms this morning’s attack by Hamas against Israeli towns near the Gaza Strip and central Israel, including the firing of thousands of rockets toward Israeli population centers. The attacks have so far claimed numerous Israeli civilian lives and injured many hundreds. The Secretary-General is appalled by reports that civilians have been attacked and abducted from their own homes. The Secretary-General is deeply concerned for the civilian population and urges maximum restraint. Civilians must be respected and protected in accordance with international humanitarian law at all times. The Secretary-General extends his deepest condolences to the families of the victims and calls for the immediate release of all abducted persons. The Secretary-General urges all diplomatic efforts to avoid a wider conflagration. He stresses that violence cannot provide a solution to the conflict, and that only through negotiation leading to a two-state solution can peace be achieved.
Analysis: Secretary-General Antonio Guterres issued a strong and immediate condemnation of the events. However, unlike numerous world leaders, he failed to support or mention Israel’s inherent right to defend itself.
November 19, 2023: The horrendous events of the past 48 hours in Gaza beggar belief.
The killing of so many people at schools turned shelters, hundreds fleeing for their lives from Al-Shifa Hospital, amid continuing displacement of hundreds of thousands in southern Gaza, are actions which fly in the face of the basic protections civilians must be afforded under international law.
Images purportedly taken in the aftermath of the reported Israeli strike on Al Fakhoura school are horrifying, clearly showing large numbers of women, children and men severely wounded or killed. At least three other schools hosting displaced Palestinians have also been attacked in the past 48 hours.
Israeli military operations have been continuing inside and around Al Shifa hospital. UN colleagues visited the site yesterday, and witnessed first-hand what they described as a ‘death zone’. Medical personnel, patients, and civilians have fled the hospital, ordered to do so by the Israeli military. Hundreds were seen making their way south on foot, at great risk to their lives, health and safety. And to where? Nowhere is safe in Gaza.
In Khan Younis, the Israeli Defense Forces are dropping leaflets demanding residents go to unspecified “recognized shelters”, even as strikes take place across Gaza. Already displaced Palestinians – deprived by extreme restrictions on life-saving assistance – are struggling to meet their basic needs, forced into ever-diminishing, over-crowded, unsanitary unsafe spaces. Irrespective of warnings, Israel is obliged to protect civilians wherever they are.
Rules of international humanitarian law, including the principles of distinction, proportionality and precautions in carrying out the attacks must be strictly adhered to. Failure to adhere to these rules may constitute war crimes…
This must stop. Humanity must come first. A ceasefire – on humanitarian and human rights grounds – is desperately needed. Now.
Analysis: The statement is highly critical of Israeli strikes that have harmed civilian structures and Israeli military operations in Al Shifa hospital. The High Commissioner implies Israel is committing war crimes without knowing all of the operational facts and considerations. Moreover, the statement does not contain a single word of condemnation for Hamas use of the Gaza civilian population as human shields by embedding itself in the civilian infrastructure there, including in hospitals such as Al Shifa hospital. The statement also criticizes Israel for complying with its legal obligations by warning Gaza civilians to evacuate. By condemning Israel and not Hamas, the High Commissioner ultimately enables Hamas.
November 16, 2023: “It is apparent that on both sides, some view the killing of civilians as either acceptable collateral damage, or a deliberate and useful weapon of war. This is a humanitarian and human rights crisis. It represents a breakdown of the most basic respect for humane values. The killing of so many civilians cannot be dismissed as collateral damage. Not in a kibbutz. Not in a refugee camp. And not in a hospital…
WHO has recorded at least 137 attacks on health care in Gaza, with especially severe impact on Al-Shifa Hospital in recent days, where newborns on life support are dying due to power, oxygen, and water cuts, while many other patients of all ages are at risk – as well as medics, and people sheltering on the hospital grounds. And yet international humanitarian law requires special protection to medical units at all times, so that they can continue their life-saving work…
No-one is above the law, and international humanitarian law is clear. All parties to every conflict must, at all times, distinguish between civilians and combatants, and between civilian objects and military objectives. Attacks directed at civilians or protected civilian objects – hospitals, schools, and the markets and bakeries that constitute a lifeline – are prohibited. Indiscriminate attacks – for example, aiming indiscriminate projectiles into southern Israel – are prohibited. Attacks where the likelihood of civilian death, and damage to protected objects, is disproportionate to the concrete and direct military advantage – as constantly risked by Israel’s use of explosive weapons with wide-area effect in densely populated areas of Gaza – are also prohibited. Forced displacement is prohibited. The taking and holding of hostages is prohibited, as is any use of civilians to shield locations from military operations. Collective punishment – as in the case of Israel’s blockade and siege imposed on Gaza – is prohibited…
I also share the deep sense of foreboding of many of my interlocutors about the risk of spill over into the wider Middle East region, if the current trajectory continues…
Finally, it is clear that the Israeli occupation must end. It is essential to ensure the rights of Palestinians to self-determination and to their own State. And it is essential to acknowledge that Israel has a right to exist.”
Analysis: In this statement, the High Commissioner mentions Hamas only twice in reference to its October 7th attack and hostage-taking. He does not call Hamas a terrorist group. While Turk does mention some of Hamas’s other crimes, specifically indiscriminate rocket-fire on Israel and use of civilians as human shields, he does not specifically attribute these to Hamas. Instead, he includes them in a paragraph that lists all of violations of international humanitarian law he believes have been committed by “all parties,” thus creating a false moral equivalence between the terrorist group Hamas, which intentionally targets civilians, and Israel, which strives to prevent harm to civilians.
By failing to recognize Hamas as a terrorist group that continues to threaten Israel’s safety and security, including by ongoing rocket attacks and plans to commit more massacres, Turk also denies Israel’s right to self-defense. By accusing Israel of forced displacement and collective punishment when in fact it is doing its best to avoid harming civilians by evacuating them while achieving its stated goal of eliminating Hamas, Turk further negates Israel’s right to self-defense.
By criticizing Israeli attacks on hospitals but failing to hold Hamas accountable for its use of these facilities as human shields, Turk enables Hamas. By failing to unequivocally condemn Hamas’ extensive use of the civilian infrastructure in Gaza, thereby endangering the entire Gazan civilian population, to shield its military activities while it hides in fortified underground tunnels, Turk incentivizes Hamas to continue those tactics.
Turk expresses concern about spillover of the conflict, but he never mentions Iran which routinely calls to eliminate Israel and financially supports the Palestinian terror groups—Hamas, PIJ and Hezbollah—who would otherwise not be able to threaten and attack Israel.
Finally, Turk completely absolves Palestinians of any responsibility for their plight and lack of statehood, by blaming everything on “the occupation,” which he says “must end.” However, prior to “the occupation,” the Palestinians and Arab states waged war on Israel proving that the conflict runs much deeper than “the occupation.” Moreover, the Palestinians have rejected all opportunities to have their own state through various peace offers both before and after “the occupation.” If Turk is concerned about finding solutions, he should first take the time to learn the history of the conflict.
November 10, 2023: “The atrocious attacks by Hamas against Israel on 7 October should outrage each and every one of us. There needs to be justice, accountability and remedy for the victims of these atrocious crimes. The hostages need to be brought back home and indiscriminate firing of rockets into Israel needs to cease. But it is clear that enduring peace and security cannot be delivered by the exercise of fury and pain against people who have no responsibility for the crimes that were committed – including the 99 UNRWA staff members who have been killed. This is unprecedented, outrageous and deeply heartbreaking.”
The extensive Israeli bombardment of Gaza, including the use of high impact explosive weapons in densely populated areas, razing tens of thousands of buildings to the ground, is clearly having a devastating humanitarian and human rights impact. After four weeks of bombardment and shelling by Israeli Forces in Gaza, the indiscriminate effects of such weapons in a densely populated area is clear. Israel must immediately end the use of such methods and means of warfare, and the attacks must be investigated. We continue to monitor strikes and in a number of incidents with high numbers of fatalities across Gaza, including strikes on residential areas in Jabalia, Gaza city, Al Bureij, Al Nuseirat, Al Meghazi, and Khan Yunis. Considering the predictable high level of civilian casualty and the wide scale of destruction of civilian objects we have very serious concerns that these amount to disproportionate attacks in breach of international humanitarian law.
Some hospitals, including Al Quds and Al Shifa hospitals have also received specific evacuation orders, in addition to the general evacuation orders to all of northern residents of Gaza. But such evacuation, as the World Health Organization has warned, is a “death sentence” in a context where the entire medical system is collapsing and hospitals in southern Gaza have no capacity to absorb more patients.
International humanitarian law is clear: it extends special protection to medical units and requires that they be protected and respected at all times. Any use by Palestinian armed groups of civilians and civilian objects to shield themselves from attack is in contravention of the laws of war. But such conduct by Palestinian armed groups does not absolve Israel of its obligation to ensure that civilians are spared – that the principles of distinction, precautions in attack and proportionality are respected. Failure to do so is also in contravention of the laws of war – with devastating impact on civilians…
All forms of collective punishment must come to an end.
Demands for civilians to relocate to an Israeli Defence Force designated “safe zone” are also very alarming. A so-called “safe zone,” when established unilaterally, can heighten risks to civilians, and raises real questions as to whether security can be guaranteed in practice…
I also strongly condemn the use of dehumanizing language, in particular by political and military leaders in Israel as well as by Hamas. The only victor, in such a context, is the extremism that drives more and greater violence. The Government of Israel must take all measures to put an end to incidents of hate speech and incitement against Palestinians. Some of the statements coming out from high-level officials are not only abhorrent, they can amount to incitement to hatred and violence – and in some cases could contribute to evidence of intent to conduct hostilities in a manner contrary to the laws of war…
The solution to this situation is the end of the occupation, and full respect for the right to self-determination for Palestinians. As I have said time and again, for the violence to end, the occupation needs to end.”
Analysis: This one-sided statement focuses almost entirely on condemning Israel for the plight of Gazans. To create the appearance of being fair, it adds one paragraph condemning the Hamas October 7th attacks and continued rocket fire, as well as hateful incitement by Hamas. But this is completely overshadowed by the criticism of Israel. The Commissioner starts out by referring by what he has heard from both Palestinians and Israelis, but what he means by Israelis is only Israelis who oppose the war, not those brutally victimized by Hamas on October 7th, or those running daily to shelters because of deadly rocket fire, or the hundreds of thousands internally displaced people.
The High Commissioner wrongly accuses Israel of collective punishment against the Palestinians, when in fact Israel is targeting Hamas and taking great efforts to protect civilians. Instead of praising Israel for calling on civilians to evacuate to safe zones, and then creating humanitarian corridors to facilitate the evacuation because Hamas was preventing people from evacuating, the High Commissioner criticizes Israel for this. The statement criticizes Israel’s evacuation order for Al Shifa hospital, but does not say word about the fact that Hamas headquarters are located underneath the hospital. The High Commissioner incentivizes Hamas’ use of civilians as human shields when he condemns Israel both for causing civilian deaths in Gaza and for warning civilians to evacuate. The message this sends to Hamas is that it should continue using civilians as human shields because it will never be held accountable, and it will succeed in preventing Israel from retaliating. This is counter to international humanitarian law which accepts the inevitability of civilian deaths during war. One line criticizing “armed groups” use of civilians to “shield themselves” does nothing if the High Commissioner ultimately blames Israel for the outcome.
Later in the statement, the High Commissioner “strongly condemns the use of dehumanizing language” by both Israeli leaders and by Hamas. But the entire rest of this paragraph is devoted to demanding that Israel put an end to hate speech. There High Commissioner does not criticize Hamas for threatening to repeat the October 7th attacks again and again, nor does it make any specific references to the routine incitement coming from PA and Hamas officials which are a prime cause of the ongoing violence and terrorist attacks by Palestinians. The statement goes so far as to baselessly accuse Israel of “vengeance against entire communities.” This kind of inflammatory rhetoric by a UN official only stokes antisemitism, which already is at a record high.
The High Commissioner ultimately concludes that the only way to solve the problem is to end the occupation. This is simplistic and completely ignores the history of Palestinian rejectionism of Israel. Hamas itself stated that its goal is not to end the occupation, but to end the State of Israel.
November 8, 2023: “Gaza has already been described as the world’s biggest open-air prison before 7 October, under a 56-year occupation and a 16-year blockade by Israel. The atrocities perpetrated by Palestinian armed groups on 7 October were heinous, brutal and shocking, they were war crimes – as is the continued holding of hostages. The collective punishment by Israel of Palestinian civilians amounts also to a war crime, as does the unlawful forcible evacuation of civilians. The massive bombardments by Israel have killed, maimed and injured in particular women and children. The latest death toll from the Gaza Ministry of Health is in excess of 10,500 people, including over 4,300 children and 2,800 women. All of this has an unbearable toll on civilians. We have fallen off a precipice. This cannot continue…
I call – as a matter of urgency – for the parties now to agree a ceasefire on the basis of three critical human rights imperatives: We need urgent delivery of massive levels of humanitarian aid, throughout Gaza. We need all hostages held since 7 October to be released without conditions and immediately. And, crucially, we need to enable the political space to implement a durable end to the occupation, based on the rights of both Palestinians and Israelis to self-determination and their legitimate security interests. It is no longer enough simply to say the 56-year occupation must end. The international community needs to be part of finding a just and equitable future for the Palestinian and Israeli people.”
Analysis: Like previous statements by the High Commissioner, this statement creates a false moral equivalency between Israel and Hamas. It treats both Hamas’ heinous atrocities of October 7 and Israel’s response in self-defence as “war crimes.” Accusing Israel of “collective punishment” of the Palestinians in Gaza is a gross distortion. Israel has stated its aim to destroy Hamas, not the people of Gaza. Tragically, Hamas embeds itself within the civilian population and uses civilians as human shields, a war crime not mentioned by the High Commissioner. Any harm to civilians or civilian structures must be assessed in this context and cannot be automatically deemed a war crime. Indeed, the statement never mentions Hamas by name and fails to affirm Israel’s right to self-defense. Similarly, condemning Israel for ordering Gazans in the North to evacuate to safety twists the facts. This represents Israels’ attempt to comply with the laws of war and ensure Gazans’ safety. It is not a war crime. Moreover, Israel has been facilitating the evacuation by creating humanitarian corridors to enable Gazans to move South. The High Commissioner finds Israel guilty no matter what it does – both if it attacks civilian structures that have been converted into military targets because Hamas is using them and if it orders civilians to evacuate from these areas to avoid harming them. Furthermore, by referencing the 56-year occupation and 16-year blockade just before condemning Hamas’ October 7 attack as a war crime, the High Commissioner implies a cause and effect even though there is none. Hamas has admitted that it is not seeking to end the occupation, but to end the state of Israel and that it will repeat the October 7 massacre again and again. The High Commissioner also ignores Hamas’ continued targeting of Israeli civilians with indiscriminate rockets and its hoarding of provisions including fuel at the expense of Gazans. Putting all the onus for ensuring humanitarian aid to Gaza on Israel gives Hamas a free pass. Insisting that the only way forward is a ceasefire which leaves Hamas in place to carry out further attacks enables Hamas and ensures future October7-style massacres.
November 4, 2023: UN Human Rights Chief Volker Türk today strongly deplored the sharp rise in hatred globally – including anti-Semitism and Islamophobia – since 7 October, while at the same time expressing concerns about undue restrictions on protests over the conflict in Israel and Gaza, and related free expression…
“The impact of this crisis has been dramatic – at the regional and global level,” Türk said. “It has sent shockwaves across every region, dehumanising both Palestinians and Jews. We have witnessed a sharp spike in hate speech, violence and discrimination, deepening social fractures and polarisation, alongside the denial of the rights to freedom of expression and peaceful assembly. “I have heard from both Jews and Muslims that they don’t feel safe, and it saddens me…”
In this environment, it is also important to ensure the rights to peaceful assembly and free expression are protected, the High Commissioner said… “In some cases we have seen blanket or disproportionate restrictions on assembly predominantly in the context of pro-Palestinian protests,” Türk said.
“Any restrictions on the right to peaceful assembly must be based on law, where specifically necessary for and proportionate to the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”
Analysis: Given the shocking rise in antisemitism worldwide in the wake of Hamas’ barbaric October 7th assault, including violent attacks and targeting of students on college campuses, the UN High Commissioner for Human Rights should address the issue of antisemitism. However, there is no reason why the High Commissioner must feel obligated to speak out against Islamophobia in the same breath. These are two very different problems on very different scales. By combining them into one issue, the High Commissioner ultimately minimizes the problem of exploding antisemitism and its impact on Jewish security worldwide. Indeed, the High Commissioner appears to be bending over backwards to appease Muslim and pro-Palestinian communities at the expense of the rights and safety of Jewish people. He ended his statement with a critique of state restrictions against pro-Palestinian protests, but completely ignored the violence and antisemitic incitement prevalent at these protests.
November 3, 2023: While much attention has been on the attacks inside Israel and the escalation of hostilities in Gaza since 7 October, the situation in the occupied West Bank, including East Jerusalem, is alarming and urgent, amid the increasing and multi-layered human rights violations of Palestinians occurring there…
There has been a high number of casualties reported, as well as the reported use of explosive weapons with wide area effects in some of the most densely populated areas in Gaza. We have serious concerns that the principles of distinction and proportionality are not being respected by both sides.
We strongly urge Palestinian armed groups to immediately stop launching inherently indiscriminate rockets into Israel. They must also immediately and unconditionally release all the hostages they hold, in serious breach of international humanitarian law. The intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of military objectives is a serious breach of international humanitarian law.
Analysis: The statement focuses on criticizing Israeli operations in the West Bank but adds criticism at the end related to Gaza. Like previous such statements, this statement creates a false moral equivalence between the sides by accusing them equally of violating the principles of distinction and proportionality, while ignoring Israel’s efforts to minimize harm to civilians. The statement does contain a call to “Palestinian armed groups” to stop indiscriminate rocket fire at Israel, release all hostages, and stop using Gaza civilians as human shields. It would have been better if it was specifically directed at Hamas (and Palestinian Islamic Jihad) by name and if it called their actions war crimes rather than “serious breach of international humanitarian law.”
October 28, 2023: Last night’s bombardment and ground operations in Gaza by Israeli forces were reportedly the most intensive yet, taking this terrible crisis to a new level of violence and pain. Compounding the misery and suffering of civilians, Israeli strikes on telecommunications installations and subsequent Internet shutdown have effectively left Gazans with no way of knowing what is happening across Gaza and cut them off from the outside world.
We remind all parties of their obligations under international humanitarian law and international human rights law…
The humanitarian and human rights consequences will be devastating and long-lasting. Thousands have already died, many of them children. Given the manner in which military operations have been conducted until now, in the context of the 56-year-old occupation, I am raising alarm about the possibly catastrophic consequences of large-scale ground operations in Gaza and the potential for thousands more civilians to die.
Continued violence is not the answer. I call on all parties as well as third States, in particular those with influence over the parties to the conflict, to do all in their power to de-escalate this conflict, and to work toward the goal where Israelis and Palestinians can fully enjoy all human rights and live side by side, in peace.
Analysis: This statement presents only one side of the story and demonstrates a complete lack of understanding for what this conflict is about. On October 7th, Hamas committed a barbaric assault in which they massacred over 1400 people, primarily Israeli civilians, and took over 200 hostages. Hamas is not interested in ending the “56-year-old-occupation,” but in ending the Jewish State of Israel. Hamas is also not concerned about the welfare of the Palestinian citizens of Gaza. News outlets report that Hamas has enough fuel and provisions to last for months but does not share these with the Palestinians who, according to the High Commissioner, are now facing “devastating and long-lasting” humanitarian consequences. Instead, Hamas is continuing to use its provisions to indiscriminately fire rockets at Israeli civilians, while using own civilians as human shields. While Israel warns Palestinian civilians to evacuate to safe places, Hamas deliberately obstructs this. Wars are terrible and tragic, especially for civilians who are caught up in the violence. However, in order to defends itself and protect its citizens, which Israel has a right and obligation to do, Israel must defeat Hamas and remove it from Gaza. This is the only outcome which will enable “Israelis and Palestinians” to “fully enjoy all human rights and live side by side.” Statements like “violence is not the answer” and the parties should “do all in their power to de-escalate the conflict” are nothing more than empty slogans that not only fail to grasp the true stakes of this conflict but would ultimately hand victory to Hamas on a silver platter and ensure further October 7th-style massacres.
Since 7 October, more than 5,000 people in Gaza have been killed, including 2,000 children, mostly as a result of IDF attacks and operations, as have 1,300 Israeli citizens and residents as a result of attacks by Palestinian armed groups. Civilians constitute the majority of those killed in both Gaza and Israel. Over 1,400, including 800 children, are reportedly trapped under rubble in Gaza. Tens of thousands of homes have been destroyed.
“All civilians captured and held by Palestinian armed groups must be released immediately and unconditionally. The taking and holding of hostages is prohibited by international law,” Türk said.
“Action by Israel to cut off civilians from access to essential goods and services as a form of collective punishment, also violates international law. The parties to the conflict must take immediate steps to comply with their international law obligations – in particular to respect the fundamental principles of necessity, distinction and proportionality and to take precautions to minimize incidental loss of civilian life, injury to civilians and damage to civilian property and objects. Palestinian armed groups must cease the use of indiscriminate rockets, and the IDF must avoid using explosive weapons with wide area effects in densely populated areas due to the significant likelihood of indiscriminate effects,” Türk said.
Analysis: In this statement High Commissioner Turk continues to make a complete moral equivalency between Israel and Hamas. The statement never refers to Hamas by name, only to “Palestinian armed groups.” It also refuses to acknowledge Israel’s right to self-defense, does not credit Israel’s efforts to minimize civilian casualties, and fails to condemn Hamas’s use of Gaza civilians as human shields. The statement considers indiscriminate rocket fire by Hamas to be the same as Israel’s defensive counterstrikes, which are accompanied by warnings to civilians to evacuate and are targeted at Hamas terrorists and terror infrastructure. Accusing Israel of “collective punishment” of Gazans is an inflammatory charge which presumes Israel guilty of violating the laws of war, rather than engaging in legal military strikes in response to being attacked by an enemy terrorist group. High Commissioner Turk’s failure to hold Hamas accountable and his refusal to affirm Israel’s right to self-defense only emboldens Hamas.
October 17, 2023: “Words fail me. Tonight, hundreds of people were killed – horrifically – in a massive strike at Al Ahli Arab Hospital in Gaza City, including patients, healthcare workers and families that had been seeking refuge in and around the hospital. Once again the most vulnerable. This is totally unacceptable…
We don’t yet know the full scale of this carnage, but what is clear is that the violence and killings must stop at once.
All States with influence must do everything in their power to bring an end to this horrendous situation. Civilians must be protected, and humanitarian aid must be allowed to reach those in need as a matter of urgency.
Those found responsible must be held to account.”
Analysis: High Commissioner Volker Turk strongly criticized the deadly strike on a hospital in Gaza and called for an immediate end to the “violence and killings.” It appears this statement was published before it became clear that a misfired Palestinian Islamic Jihad rocket was responsible for the tragic hospital strike in Gaza. In light of that revelation, we expect the High Commissioner to issue a strong condemnation against the terrorist group. We also note that the call to end the “violence and killings” can easily be misconstrued because it provides no context for how this situation came about, i.e., Hamas’s brutal terrorist massacre on October 7th, and ignores Israel’s legal right to self defense. Without any context, the statement makes it seem like there is no justification for Israel’s counterstrikes in Gaza.
October 17, 2023: “The current hostilities are compounding already limited enjoyment of the right to health resulting from the ongoing blockade of Gaza. Attacks against medical facilities, medical personnel and the wounded and sick are prohibited under international humanitarian law.
Appalling reports that civilians attempting to relocate to southern Gaza were struck and killed by an explosive weapon must be independently and thoroughly investigated, as must all allegations of serious violations of international humanitarian law.
We urge the Israeli forces to avoid targeting civilians and civilian objects or conducting area bombardments, indiscriminate or disproportionate attacks, and to take precautions to avoid, and in any event to minimize, loss of civilian life, injury to civilians and damage to civilian objects.
International law requires that any lawful temporary evacuation by Israel, as the occupying power, of an area on the basis of the security of the population or imperative military reasons must be accompanied by the provision of proper accommodation for all evacuees, undertaken under satisfactory conditions of hygiene, health, safety and nutrition. There appears to have been no attempt by Israel to ensure this for the 1.1 million civilians ordered to move. We are concerned that this order combined with the imposition of a “complete siege” on Gaza may not be considered as lawful temporary evacuation and would therefore amount to a forcible transfer of civilians – in breach of international law.
The latest reports indicate that around 199 Israeli are held hostages by Palestinian armed groups in Gaza. And once again, we urge Palestinian armed groups to immediately and unconditionally release all civilian hostages, and to halt the use of inherently indiscriminate projectiles against Israel.”
Analysis: The statement focuses on the right to health. Although there is one paragraph calling for the release of Israeli hostages and cessation of indiscriminate rocket fire against Israel, the entire rest of the statement criticizes Israel. The statement accuses Israel of targeting civilians and attacking medical facilities. It treats Israel as an occupying power in Gaza even though Israel has not occupied Gaza since 2005. Moreover, the statement fails to credit Israel for warning Gaza civilians to evacuate to get out of the danger zone and instead criticizes Israel for not ensuring proper accommodation and provisions for the evacuees – which Israel has no obligation to do. Completely missing from the statement is any criticism of Hamas for using Gazan civilians as human shields, including by operating from near or within healthcare facilities or Hamas coopting humanitarian aid meant for Gazans for its own use. The statement also does not address Hamas responsibility for the physical and mental health of the Israeli hostages, or the impact of Hamas’s barbaric October 7th massacre on the physical and mental health of the affected Israelis. Indeed, the Hamas massacre is not mentioned at all. Hamas, terrorism, and Israel’s right to self-defense are also conspicuously absent from the statement. Sanitizing Hamas and refusing to hold it accountable only encourages more terror.
October 13, 2023: “We continue to follow, with deepening horror, the desperate situation for civilians in Gaza and in Israel. As we have stressed, civilians must never be used as bargaining chips. Yet, we continue to receive heartbreaking messages of helplessness from people in Gaza, who are moving from house to house, terrified, seeking elusive safety. And civilians continue to be held hostage by Palestinian armed groups – in clear violation of international humanitarian law. We call, again, for their humane treatment and their immediate and unconditional release.
More than 2,700 people, including civilians, have already been killed in both Israel and Gaza. We urge Palestinian armed groups to halt the use of inherently indiscriminate projectiles, which violate international humanitarian law, as well as attacks directed against civilians. And we urge Israel to ensure full respect for international humanitarian and human rights law in any and all military operations. Air strikes and artillery strikes have already led to the destruction of large parts of densely populated neighborhoods in Gaza, and rhetoric from high-level officials raises concerns that a message is being sent to the members of the Israeli Defense Forces that international humanitarian law has become optional rather than compulsory. It is absolutely crucial that Israeli leaders make it unambiguously clear that military operations must be conducted in full compliance with international law.
Israeli authorities announced a few hours ago that the entire population of Gaza north of Wadi Gaza should relocate to southern Gaza. This order is affecting more than a million Palestinians, including children, older and sick people, forcing them to relocate with little or no transport and with scant guarantees for their safety, amidst continuing hostilities. We echo the Secretary-General’s Spokesperson’s call for this to be rescinded, avoiding a calamitous situation.
In many countries around the world, there has also been a proliferation of anti-Semitic and Islamophobic hate speech. The High Commissioner deeply deplores this. We call on political and other leaders to speak out, unequivocally, against such speech, and to take clear measures to stem any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.”
Analysis: This third statement by the High Commissioner makes a complete moral equivalence between Israel, which is acting within its rights to self-defense, and the Hamas terrorists who proudly slaughtered more than 1300 Israelis in one day, mostly civilians. There is no mention of Hamas, terrorists, terrorism, human shields, Israel’s right to self-defense, or its need for security. Refusing to call terrorists what they are and instead referring to them as “Palestinian armed groups” legitimizes them. The statement appears to go out of its way to equate Israel’s targeted strikes in Gaza, preceded by warnings to the civilian population there, with Hamas’s indiscriminate rockets aimed at Israeli cities. In criticizing Israel’s announced siege, the statement ignores the existence of the Rafah crossing with Egypt, as well as Hamas’s own responsibility for the well-being of its citizens.
Finally, the High Commissioner missed a golden opportunity to strongly condemn antisemitism worldwide, including the numerous pro-Palestinian protests in major cities like New York and London which endorsed Hamas’s genocidal murder of Jews in Israel on Oct. 7.
Instead, the High Commissioner added a weak call for political leaders to speak out against “anti-Semitic and Islamophobic hate speech.” With all due respect, recent events did not produce mass Islamophobic rallies, but they did produce mass antisemitic rallies and a spike in antisemitism worldwide. Antisemitism is the centuries old hatred of Jews which has led to the worst genocide in the history of mankind. The UN needs to treat antisemitism as the serious and life-threatening problem that it is and to stop going out of its way to equate it with other forms of religious hatred.
Condemning Hamas: The High Commissioner said he was “deeply shocked and appalled by allegations of summary executions of civilians, and, in some instances, horrifying mass killings by members of Palestinian armed groups.
It is horrific and deeply distressing to see images of those captured by Palestinian armed groups being ill-treated, as well as reports of killings and the desecration of their bodies,” he said. “Civilians must never be used as bargaining chips.
I call on Palestinian armed groups to immediately and unconditionally release all civilians who were captured and are still being held. The taking of hostages is prohibited by international law.
Condemning Israel: Information gathered by the UN Human Rights Office indicates that Israeli air operations have also hit large residential towers in Gaza City and other residential buildings across Gaza, schools and premises of the UN relief and works agency, UNRWA, resulting in civilian casualties.
“International humanitarian law is clear: the obligation to take constant care to spare the civilian population and civilian objects remains applicable throughout the attacks,” Türk said.
On 9 October, the Israeli authorities ordered a “full siege” of Gaza, shutting off electricity, water, food and fuel supplies. This risks seriously compounding the already dire human rights and humanitarian situation in Gaza, including the capacity of medical facilities to operate, especially in light of increasing numbers of injured.
“The imposition of sieges that endanger the lives of civilians by depriving them of goods essential for their survival is prohibited under international humanitarian law,” the High Commissioner said. Any restrictions on the movement of people and goods to implement a siege must be justified by military necessity or may otherwise amount to collective punishment.
Analysis: While the statement uses strong language to condemn the attacks on Israel, it sanitizes the massacres by using the term “Palestinian armed groups,” instead of calling them what they are – the Hamas and Palestinian Islamic Jihad terrorist organizations. The word terrorist is never mentioned. Moreover, the statement does not call Hamas’s actions war crimes, which is what they are, does not condemn Hamas’s use of its own civilians as human shields, does not mention the thousands of indiscriminate rocket attacks against Israel, and does not unequivocally affirm Israel’s right to security and self-defense. Instead, the statement makes a false moral equivalence between Israel and Hamas, beginning by talk of “an explosive powder keg situation” and a call to “all parties” to “respect international humanitarian law” and “immediately cease attacks targeting civilians,” implying that Israel is intentionally targeting Palestinian civilians, when in fact it is acting in self-defense and doing what any country would do to protect its own citizens, while at the same time urging innocent Palestinians to get out of harms way. Outrageously, the High Commissioner goes so far as to imply that the Israeli counteroffensive is revenge rather than self-defense – “We know from bitter experience that vengeance is not the answer, and ultimately innocent civilians pay the price.” This type of rhetoric just fans the flames of antisemitism. As the world’s highest human rights official, we urge High Commissioner Volker Turk to take a principled and unequivocal stand against terrorism and to affirm Israel’s inherent right to self-defense under the UN Charter.
October 7, 2023: I am shocked and appalled at reports this morning that hundreds, possibly thousands, of indiscriminate rockets have been fired by Palestinian armed groups towards Israel, and that at least 22 Israelis have been killed and hundreds injured. I am also deeply concerned at reports that Israeli civilians have been taken hostage.
This attack is having a horrific impact on Israeli civilians. Civilians must never be the target of attack. I note also that Israeli forces have responded with air strikes into the densely populated Gaza Strip, reportedly killing at least two people. I call on them to take all precautions to avoid civilian casualties there.
I call for an immediate stop to the violence, and appeal to all sides and key countries in the region to de-escalate to avoid further bloodshed.
Analysis: High Commissioner Volker Turk issued a strong and immediate condemnation of the events. However, the statement did not mention Hamas by name, but only referred to “Palestinian armed groups.” This is regrettable as we all know who carried out the attacks. It also did not mention Israel’s inherent right to self-defense.
October 21, 2023: “I welcome the efforts of the Arab Republic of Egypt for convening today’s Cairo Summit for Peace to address the ongoing hostilities in Gaza and Israel…
I wish to thank the Egyptian authorities for facilitating today’s entry of the first truckloads of aid into the Gaza Strip through Rafah. This is an important step that must not be the last. Aid needs to flow safely and continuously going forward.
It is a war zone in Gaza and the needs are immense. All of us can and must do more to save lives now.
I reiterate the Secretary-General’s urgent appeal for the immediate and unconditional release of hostages and an immediate humanitarian ceasefire.”
Analysis: This statement is not aimed at criticizing any of the parties, but focuses on thanking Egypt for facilitating humanitarian aid to Gaza.
October 7, 2023: I vehemently condemn this morning’s multi-front assault against Israeli towns and cities near the Gaza Strip, and barrage of rockets reaching across central Israel by Hamas militants.
These events have resulted in horrific scenes of violence and many Israeli fatalities and injuries, with many believed to be kidnapped inside the Strip. These are heinous attacks targeting civilians and must stop immediately.
I am deeply concerned for the well-being of all civilians. I am in close contact with all concerned to urge maximum restraint and call on all sides to protect civilians. This is a dangerous precipice and I appeal to all to pull back from the brink.
Analysis: Special Coordinator Tor Wennesland issued a strong and immediate condemnation of Hamas, but unfortunately referred to them as “militants” rather than terrorists, legitimizing them. He also did not mention Israel’s inherent right to self-defense.
November 9, 2023, Emergency Relief Coordinator Martin Griffiths: “First: We must have complete respect – by all parties – for international humanitarian law and basic human dignity. This means that civilians must be protected, and their essential needs met, wherever they are in Gaza. However, the UN cannot be part of a unilateral proposal to push hundreds of thousands of desperate civilians in Gaza into so-called safe zones. The UN has not been involved in preparing for the arrival of displaced people in any prospective “safe zone” in Gaza. On behalf of the humanitarian community that I represent, I can tell you that we have serious concerns: Concerns about the safety of civilians in any so-called safe zones if there is no agreement between all the parties on their establishment. Concerns that satisfactory conditions do not exist anywhere in Gaza to ensure adequate shelter, food, water, sanitation and health. And concerns regarding the protection of civilians anywhere in Gaza…
Second: We must be allowed to get essential supplies and humanitarian relief – including fuel – into Gaza safely, without impediment, reliably and at scale… Third: We need a humanitarian ceasefire.
In plain terms, this is a cessation of fighting for humanitarian purposes to provide some respite from the onslaught, to expedite the delivery of humanitarian aid, and to facilitate the release of hostages. This must be our objective and our priority…
And most importantly, it is a warning that we cannot allow a regional escalation of this war. We are already seeing the signs in exchanges of fire and words between Hezbollah and Israel. We have seen the signs in rockets fired from Yemen towards Israel. We have seen the massive protests around the world. And every day we see the rise of anti-Muslim and anti-Semitic sentiment, rhetoric and acts of violence both in the virtual and in the real world.”
Analysis: While the statement is directed at “all parties,” the fact that it focuses on the situation in Gaza indicates that the statement is targeting Israel. Instead of praising, Israel’s humanitarian corridors facilitating safe passage for Gazans to evacuate Southwards, the UN Emergency Relief Coordinator criticizes this. Thus, if Israel’s bombings harm civilians Israel is criticized and if Israel facilitates evacuation of civilians to avoid harming them Israel is criticized. This is a blatant double standard.
The statement also expresses concern about a “spillover” in the region, mentioning Hezbollah and Yemen, but it never mentions the real culprit behind all this – Iran. Anyone concerned about a regional escalation should be condemning Iran.
Finally, the statement refers to “the rise of anti-Muslim and anti-Semitic sentiment…” This general statement does not do justice to the dramatic rise in antisemitism worldwide since October 7th, causing Jews and Jewish communities everywhere to fear for their safety.
October 26, 2023, Humanitarian Coordinator Lynn Hastings: “The IDF continues to notify people in Gaza City that those who stay in their homes will put themselves in danger. In some cases, the notification urges people to go to a humanitarian area in Al Mawasi. While the United Nations is aware of references to a “humanitarian area in Al-Mawasi”, the United Nations intends to deliver aid wherever people in need are located. For people who can’t evacuate – because they have nowhere to go or are unable to move – advance warnings make no difference. When the evacuation routes are bombed, when people north as well as south are caught up in hostilities, when the essentials for survival are lacking, and when there are no assurances for return, people are left with nothing but impossible choices. Nowhere is safe in Gaza. The conduct of armed conflict, anywhere, is governed by international humanitarian law. This means that civilians must be protected and have the essentials to survive, wherever they are and whether they choose to move or stay. It also means that hostages – all hostages – must be released, immediately and unconditionally.”
Analysis: This statement focuses on criticizing Israel’s precautionary measures aimed at warning Gazans to evacuate to get out of harms way. It includes one line at the end calling for release of the hostages. The statement specifically mentions the applicability of international humanitarian law, but by criticizing only Israel and failing to mention Hamas, it implies that Israel is violating the rules, while at the same time, giving Hamas a free pass. In fact, Israel’s evacuation warning indicate its compliance with international law. By contrast, Hamas’s use of civilians as human shields, bombing evacuation routes, and expropriating and hoarding humanitarian supplies for its military use violate international law. The humanitarian coordinator should be demanding that Hamas protect Gaza’s civilians and provide them with shelter and provisions.
November 10, 2023, Commission Chair Navi Pillay: There is absolutely no justification for the atrocities committed by Hamas and other Palestinian armed groups on 7 October, and the continuing holding of hostages in Gaza. These are crimes under international law, war crimes and crimes against humanity, and those responsible must be held accountable. At the same time, we must emphasise that, under international law, crimes committed by one party to the conflict do not justify the committal of crimes by the other party, in retribution or otherwise. Engaging in “reciprocal wrongdoing” will never lead to a just resolution or rectify the initial injustice. It leads only to the commission of more war crimes…
I reiterate that States have the obligation to protect their citizens. The State of Israel has this obligation under international law and is entitled to act to implement it, but it is incorrect to classify this as acting in selfdefence under Article 51 of the UN Charter. Article 51 provides for the use of force by a State in self-defence only in the case of an armed attack by another State, and it concerns the conditions under which States may resort to war. This does not exempt the State from adherence to international humanitarian law which regulates the conduct of all parties during an armed conflict. In this regard, I recall the International Court of Justice’s 2004 Advisory Opinion, which affirmed that Israel is the Occupying Power over the Occupied Palestinian Territory, and that Article 51 of the Charter is not applicable in this case – when the threat originates from a territory over which Israel exercises control…
We are profoundly disturbed by reports that indicate numerous violations of international humanitarian law and international human rights law [by] Hamas in Israel and by the Israeli Security Forces in Gaza. There are also clear indications that several crimes under international law have been committed since 7 October 2023. Parties to the conflict have the obligation to take constant care to spare the civilian population and civilian objects. This obligation remains applicable throughout the conflict.
The Commission has received reports that Israeli aerial attacks have killed thousands of civilians and damaged in part or in whole residential neighbourhoods and critical civilian infrastructure. This includes hospitals and medical facilities, refugee camps sheltering IDPs, as well as educational and UN facilities. The impact of these large-scale attacks on the civilian population has been exacerbated by the total siege of Gaza, leading to what OCHA has identified as a major humanitarian crisis. With drastically reduced access to medicines, food, water, electricity and fuel, the situation is undoubtedly more dire than ever, leaving civilians with limited access to essential services, including medical care. Protected persons have been killed, including journalists, medical personnel and aid workers, including at least 99 UN staff. This is the highest number of UN staff killed in a single conflict in the 78-year history of the UN…
We strongly believe that, as part of our investigation and reporting, we must understand the context and history of both peoples, to begin to understand why this round of conflict was ignited and continues in such magnitude. Our Commission is uniquely mandated to investigate all underlying root causes of recurrent tensions, instability and protraction of conflict and we intend to focus on root causes as part of our investigation.
In this regard we have already stated that this latest surge of violence does not come out of a vacuum, and we see a direct link to the occupation and the denial of self-determination. In our first report to the General Assembly in 2022, we concluded that Israel’s occupation of the Palestinian territory is now unlawful due to the permanence of the occupation and Israeli’s actions to annex parts of the occupied Palestinian territory de facto and de jure.
Analysis: In this statement, the COI accuses Israel of committing crimes against the Palestinians and implies that this is being done in “retribution.” While the statement does acknowledge Israel’s duty to protect its citizens, it rejects the application of Article 51 of the UN Charter and treats Israel as an occupying power in Gaza, even though Israel withdrew from the territory in 2005. The COI treats Hamas and Israel as morally equivalent, accusing them equally of war crimes. In particular, the COI accuses Israel of attacking civilians in Gaza, but fails to take into account Hamas’ tactic of embedding itself in the civilian infrastructure and using the civilian population as human shields. The COI ignores Palestinian rejectionism and blames this outbreak of violence on the Israeli occupation and lack of Palestinian self-determination, thereby absolving Palestinians of all responsibility for the situation.
October 27, 2023: “All parties to the conflict in Israel and Gaza have shown reckless disregard for civilian life and must comply with international law to prevent atrocities from continuing, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, said today.
Full compliance with core international legal obligations is essential in this critical moment.
In accordance with resolution A/ES-10/L.25, passed by the General Assembly today, the Commission calls on all parties to the conflict to comply fully with international humanitarian law and international human rights law, and to act to prevent the commission of and incitement to any crimes under international law, including war crimes, crimes against humanity and genocide.
The Commission reiterates that States have the obligation to protect their citizens and others under their control. Article 51 of the UN Charter provides for the use of force by a State in self-defense only in the case of an armed attack by another State. The Commission refers to the advisory opinion of the International Court of Justice in 2004, which affirmed that Israel is the Occupying Power over the Occupied Palestinian Territory and that Article 51 of the Charter is not applicable in this case – when the threat originates from a territory over which Israel exercises control.”
Analysis: In this statement, the Commission not only fails to affirm Israel’s right to self-defense against genocidal Hamas terrorism, but it actually denies such right. Notwithstanding Israel’s complete withdrawal from the Gaza Strip in 2005, and the subsequent takeover by Hamas, the Commission considers Israel to be the occupying power in Gaza. The Commission insists that Article 51 of the UN Charter applies only to cases of self-defense against an armed attack by another state and not “when the threat originates from a territory over which Israel exercises control.” The Commission also creates a complete moral equivalence between Israel and the Hamas terrorists that seek to destroy it. This approach effectively gives Hamas a free pass and only encourages it to perpetrate further October 7th-style massacres.
October 10, 2023: “There is already clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza, and all those who have violated international law and targeted civilians must be held accountable for their crimes, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel, said today.
The Commission has been collecting and preserving evidence of war crimes committed by all sides since 7 October 2023, when Hamas launched a complex attack on Israel and Israeli forces responded with airstrikes in Gaza.
Reports that armed groups from Gaza have gunned down hundreds of unarmed civilians are abhorrent and cannot be tolerated. Taking civilian hostages and using civilians as human shields are war crimes.
The Commission is gravely concerned with Israel’s latest attack on Gaza and Israel’s announcement of a complete siege on Gaza involving the withholding of water, food, electricity and fuel which will undoubtfully cost civilian lives and constitutes collective punishment.
The Commission is intent on ensuring legal accountability, including individual criminal and command responsibility. To that end, the Commission is committed to investigating current events and identifying those responsible for violations of international law on all sides, both those directly committing international crimes and those in positions of command responsibility. It will continue sharing information collected with the relevant judicial authorities, especially with the International Criminal Court, where the Office of the Prosecutor has already commenced an investigation on the situation of Palestine since 2021.”
Analysis: This first statement by the UNHRC’s Pillay Commission, four days after Hamas’s barbaric attack, makes no distinction between the sides. It does not mention Hamas by name or use the word terrorist/terrorism in relation to its attack. It instead it sanitizes the organization by calling it a “Palestinian armed group,” as well as its actions which the Commission describes as “a complex attack on Israel” – as if it were justified as part of an ongoing exchange of hostilities between the sides. The statement also does not mention the thousands of indiscriminate rockets fired at Israeli civilians and does not affirm or even reference Israel’s inherent right to self-defense. Instead, the Pillay Commission generically states that it is “collecting and preserving evidence of war crimes committed by all sides since 7 October 2023.” Despite the reference to “all sides” here, suggesting a false moral equivalence between Israel and Hamas, the focus is on Israel. This is clear because later in the statement, the Commission states that it is looking into “individual criminal and command responsibility” and will share information with the ICC, which has an ongoing investigation only on alleged Israeli war crimes.
October 13, 2023: “The United Nations in Palestine calls on the Israeli Government to rescind its announcement for UN agencies and Gazans to ‘relocate to southern Gaza immediately’ without any guarantee for their safety or their return.
Palestinian civilians, including women and children, are terrified, injured, and traumatized. This will cause a humanitarian tragedy that can and must be averted.
This measure comes on the heels of 1,800 Palestinians being killed by Israeli airstrikes, the destruction of infrastructure, and a full siege that has deprived civilians of electricity, food, fuel, and clean water.
Wars have rules and civilians must be protected at all times. Under international law, Israel needs to take precautionary measures in future attacks to limit any harm to civilians and civilian objects.
Analysis: This statement is highly critical of Israel’s counterstrikes in Gaza and the effects on Gaza’s civilians. It is directed only at Israel, does not mention Hamas’s barbaric terrorist assault on Israeli civilians, Israel’s right to self-defense, or Hamas’s responsibility for the plight of Gazans. Moreover, it implies that Israel is not abiding by the rules of war, but never condemns Hamas’s war crimes which include indiscriminate rocket fire on Israel and using civilians as human shields.
November 19, 2023, Commissioner-General Philippe Lazzarini:
“I watched with sheer horror reports from an attack on the al-Fakhoura UNRWA school-turned-shelter in northern Gaza. It is just cruel. Classrooms sheltering displaced families were hit and at least 24 people were reported killed in the strike. Up to 7,000 people were in the school at the time. This is the second time that this school is hit. On 4 November, at least 12 people were killed and 54 injured. In less than 24 hours, two UNRWA schools sheltering displaced families were hit in the Gaza Strip. On Friday 17 November, another UNRWA school “Al-Falah/Zeitoun” in Gaza City was directly struck, leaving scores of people killed and injured. Up to 4,000 people were in the school at the time. Ambulances could not reach the school to provide help…
The large number of UNRWA facilities hit and the number of civilians killed cannot just be “collateral damage”. Most of the facilities hit had families in them including older people, parents, and children. They were all clearly marked as UN buildings carrying a blue flag. UNRWA shares the coordinates of these buildings on a regular basis with parties to the conflict. This vicious war is reaching a point of no return when all rules are disrespected, in overt disregard for civilian lives. I call and appeal once again for humanity to prevail and for a humanitarian ceasefire right now.”
Analysis: This statement holds Israel solely responsible for strikes on UN schools which caused death and injury to civilians. It fails to condemn Hamas for embedding itself in the civilian infrastructure of Gaza, thereby endangering civilians. While the death of innocent civilians in war is always tragic, the law does recognize such deaths as “collateral damage” if the attacking party complied with international humanitarian law, including the principles of necessity, proportionality, and distinction.
November 18, 2023, Commissioner-General Philippe Lazzarini:
“Following long weeks of delay, the Israeli Authorities approved only half of the daily minimum requirements of fuel for humanitarian operations in Gaza. This is far from enough to cover the needs for desalination plants, sewage pumps, hospitals, water pumps in shelters, aid trucks, ambulances, bakeries and communications networks to work without interruption…
We call for adequate, regular, and unconditional delivery of fuel to maintain all our critical lifesaving activities in the Gaza Strip. The last few days have seen a drastic reduction in these services including water availability and sewage clearance with serious consequences on people in need. Humanitarian aid cannot be conditional and must not be used for political or military agendas and gains.”
Analysis: This statement holds Israel solely responsible for the humanitarian situation in Gaza.
November 16, 2023, Commissioner-General Philippe Lazzarini:
We will not be able to uphold our commitments to provide for the Palestinian people any longer.
I do believe there is a deliberate attempt to strangle our operation and paralyze UNRWA operations.
For weeks on end, we have pleaded, and I have pleaded three weeks ago at a press conference, warning about the impact of the lack of fuel. We have succeeded in the last three weeks to tap into the remaining fuel in the Gaza Strip, which was not UNRWA fuel, and we always coordinated with the Israeli Authorities. But now we are running out.
Yesterday, we received a tiny shipment of fuel, in reality half a truck, and on top of that it was delivered with conditionality meaning that it is to be used only and exclusively for the trucks collecting the goods arriving at Rafah.
Which means this fuel cannot be used for other purposes, which means the fuel is not available anymore for, for example, the desalination water stations, the sewage pumping system, or for the bakeries. As of yesterday, 70 per cent of the population in the south has no access to clean water. And as of today, we have raw sewage starting to flow in the streets.
Without the fuel we will not be able to bring the relief we are receiving from Egypt to the people in need. Clearly, if the issue of fuel is not addressed, we run the risk of having to suspend the entire humanitarian operation.
I do believe that it is outrageous that humanitarian agencies are reduced to begging for fuel and forced after that to decide who will we assist or not assist, when you have such a large population in a lifesaving situation.
I mentioned before the premises sheltering displaced people. But I would like to tell you that over the last few days I received reports that several of our UNRWA schools (in the north) have been used for military purposes, including reports of an (alleged) recent discovery of weapons in schools and the positioning of Israeli Forces’ tanks in at least two UN schools in the north.
I reiterate here that UN facilities must never be used for military purposes or political gains and control. This is precisely the meaning of the UN flag…
First, we need a ceasefire. We need fuel, fuel and fuel. A decision should have been taken a long time ago but the more we wait, the more we will see now the siege taking over and become the main reason why people die and could be killed in the Gaza Strip.
Analysis: This statement holds Israel solely responsible for the lack of fuel in Gaza and makes no demand on Hamas – which has fuel – to provide fuel to the civilian population of Gaza. It also accuses both Israel and Hamas equally of using UN schools in Gaza for military purposes. UNRWA should clearly and directly condemn Hamas for operating in or near UN schools thereby converting them into military targets.
November 15, 2023, Commissioner-General Philippe Lazzarini: “It is appalling that fuel continues to be used as a weapon of war. For the past five weeks, UNRWA has been pleading to get fuel in support of the humanitarian operation in Gaza. This seriously paralyses our work and the delivery of assistance to the Palestinian communities in Gaza… Much more fuel is needed. We need 160,000 litres of fuel every day for basic humanitarian operations. I call on the Israeli Authorities to immediately authorize the delivery of the needed amount of fuel as is required under international humanitarian law.”
Analysis: The previous statement implied Israeli responsibility for the lack of fuel in Gaza. This statement says so outright. It does not mention Hamas at all. Hamas should be held fully responsible for the welfare of civilians in Gaza, including the lack of fuel, particularly when Hamas has fuel for its military attacks.
November 14, 2023, Commissioner-General Phillippe Lazzarini: “UNRWA set off alarm bells over the fuel situation three weeks ago, warning about its fast-depleting supplies, and the impact on lifesaving operations. Since then, we have heavily rationed the use of fuel and accessed pre-existing, limited amounts stored in a depot inside the Gaza Strip, through close coordination with Israeli Authorities. The depot is now empty… Since the beginning of the war, fuel has been used as a weapon of war and this should stop immediately. I appeal to all parties to make fuel available now and stop using humanitarian assistance for political or military gains.”
Analysis: In this statement Lazzarini accuses “all parties” of using “fuel as a weapon of war” and “using humanitarian assistance for political and military gains.” By directing the statement at “all parties, Lazzarini effectively directs these accusations at Israel. In fact, it has been reported that Hamas has enough fuel and other provisions to continue its military operations against Israel for several months, while Israel has allowed some fuel in and stated that it is monitoring the humanitarian situation. Why is Lazzarini unable to condemn Hamas for depriving its citizens of essential fuel?
November 13, 2023, Commissioner-General Philippe Lazzarini: Yesterday, an UNRWA guesthouse in Rafah, south of the Gaza Strip sustained significant damage from Israeli Force naval strikes.
UN international staff present in Rafah had left the building 90 minutes before the strike.
No casualties were reported among the staff though the guesthouse was severely damaged.
“This recent attack is yet another indication that nowhere in Gaza is safe. Not the north, not the middle areas and not the south. The disregard for the protection of civilian infrastructure including UN facilities, hospitals, schools, shelters and places of worship is testament to the level of horror that civilians in Gaza are living every day,” said UNRWA Commissioner-General Philippe Lazzarini.
Analysis: Since this round of fighting began, UNRWA has commented multiple times on Israeli strikes harming its facilities but has never called out Hamas for using UNRWA facilities to shield its operations which is a war crime.
November 12, 2023, Joint Statement by the Regional Directors of UNFPA, UNICEF, and WHO: “The regional directors of UNFPA, UNICEF and WHO call for urgent international action to end the ongoing attacks on hospitals in Gaza. We are horrified at the latest reports of attacks on and in the vicinity of Al-Shifa Hospital, Al-Rantissi Naser Paediatric Hospital, Al-Quds Hospital, and others in Gaza city and northern Gaza, killing many, including children. Intense hostilities surrounding several hospitals in northern Gaza are preventing safe access for health staff, the injured, and other patients… Over the past 36 days, WHO has recorded at least 137 attacks on health care in Gaza, resulting in 521 deaths and 686 injuries, including 16 deaths and 38 injuries of health workers on duty. Attacks on medical facilities and civilians are unacceptable and are a violation of International Humanitarian and Human Rights Law and Conventions. They cannot be condoned. The right to seek medical assistance, especially in times of crisis, should never be denied.”
Analysis: This statement condemns attacks on Gaza hospitals without naming any perpetrators. By omitting any mention of Hamas’ well-publicized use of Gazan hospitals to shield its military operations in violation of the laws of war, this statement necessarily implies that the attacking party, Israel, is responsible for any harm and enables Hamas’ violations. The statement also fails to mention all of Israel’s efforts to secure safety and healthcare for Gazans, including by facilitating evacuations, delivering fuel to the Al Shifa hospital, and facilitating the establishment of alternative healthcare facilities in other parts of Gaza.
November 9, 2023, Commissioner-General Philippe Lazzarini: “Thousands of children killed cannot be ‘collateral damage.’ Pushing a million people from their homes and concentrating them in areas without adequate infrastructure is forced displacement. Severely limiting food, water and medicine is collective punishment…
Condemning the horrendous massacre committed by Hamas in Israel is the right thing to do. The UN has done so and continues to call for hostages to be released. This cannot, however, justify a war that disregards international humanitarian law and promotes dehumanizing rhetoric. References to Palestinians as (I quote) “terrorists”, “human animals” and “people to be erased” are unconscionable and demonstrate a startling lack of empathy. It poisons the hope of any shared future and fuels anger and resentment in the region and beyond.
I am deeply concerned about the potential spillover of this conflict beyond Gaza. In the West Bank, military incursions by the Israeli Forces and settler violence have caused record high death tolls among Palestinians. If we did not have Gaza today, all our attention would be on the West Bank. And meanwhile, the Lebanese-Israeli border experiences regular exchanges of fire and civilian casualties…”
Analysis: This statement falsely accuses Israel of collective punishment and forced displacement. Israel targets Hamas, not Gaza civilians, and it facilitates the evacuation of civilians to avoid harming them. This is not collective punishment or forced displacement. Rather than condemning Israel, Lazzarini should be condemning Hamas, which cynically uses the Gazan civilian population, including hospitals and UNRWA schools as human shields. It is Hamas that puts the entire civilian population of Gaza at risk and Hamas and is responsible for all civilian deaths and injuries on the Palestinian side. Lazzarini also expresses concern about “spillover” of the conflict, but he doesn’t mention Iran which is funding all of the terrorist groups that are targeting Israel right now. Lazzarini should direct his criticism Iran and the jihadi terrorists it supports.
November 2, 2023, Commissioner-General Philippe Lazzarini: “In the past 24 hours alone, four UNRWA shelters were damaged in the Gaza Strip. Today, a school-turned shelter was damaged at the Jabalia Refugee Camp, the largest in the Gaza Strip, reportedly killing at least 20 people and injuring five. This comes after two days of heavy bombardments in the area. Earlier today, another school at Beach Refugee Camp was also damaged, with one child reportedly killed. Both locations are in the north of the Gaza Strip. Further south, two schools-turned-shelters in the Al Bureij Refugee Camp were hit. Two people were reportedly killed and 31 injured…How many more? How much more grief and suffering? A humanitarian ceasefire is overdue for the sake of humanity”.
Analysis: Although the statement does not name perpetrators, UNRWA Commissioner-General Lazzarini is criticizing the damage caused to UNRWA facilities by Israeli strikes. It does not implicate Hamas for locating military assets near these structures. The insists that humanitarian ceasefire is “overdue for the sake of humanity,” but does not consider how this will benefit Hamas which has already said it intends to repeat the October 7 massacre.
November 1, 2023, Commissioner-General Philippe Lazzarini: “I have just returned from the Gaza Strip. This is the first time I have been allowed in since the beginning of this horrific war, almost four weeks ago. The scale of the tragedy is unprecedented…
The current humanitarian response is by far not enough, nor does it match the huge needs of people in Gaza. More than ever, we need a meaningful humanitarian response to prevent people dying because of the Siege.
I call once again for urgent fuel deliveries. No fuel has come for nearly one month and this is having a devastating impact on hospitals, bakeries, water plants, and our operations. Our calls are falling on deaf ears. A humanitarian ceasefire is long overdue. Without it, more people will be killed, those who are alive will endure further losses, and the once vibrant society will be in grief, forever.”
Analysis: In this statement, UNRWA Commissioner-General Lazzarini criticizes insufficient humanitarian assistance to Gaza, particularly lack of fuel deliveries. The implication is that Israel is not permitting sufficient humanitarian shipments to enter Gaza. However, it is known that Hamas does have provisions, including fuel, to carry on its military operations for several months. Indeed, it continues to launch rockets at Israeli civilians. The Commissioner-General should be demanding that Hamas distribute its provisions to Gazans in need, including to provide fuel for the hospitals.
October 30, 2023, Commissioner-General Lazzarini: “The last three weeks have been horrific. Almost everyone in Israel, the occupied Palestinian territory and the broader region is in mourning. The horrific attacks by Hamas in Israel on 7 October were shocking. The relentless bombardments by the Israeli Forces of the Gaza Strip are shocking. The atrocities of Hamas do not absolve the State of Israel from its obligations under International Humanitarian Law.
Every war has rules, and this one is no exception. Hannah Arendt said, “The death of human empathy is one of the first and most revealing signs of a culture that is about to fall into barbarity.” More than ever, Gazans deserve our empathy. Its absence will deepen the polarization in the region and further push away any prospect of peace.
Our empathy should apply to all. Palestinians, Israelis, Jews, Christians and Muslims. The rules of war must be followed by all parties, at all times, in all places. Civilians must be protected, hostages released, and a genuine humanitarian response facilitated. An immediate humanitarian ceasefire has become a matter of life and death for millions. The present and future of Palestinians and Israelis depend on it.
Analysis: In this statement, UNRWA Chief Lazzarini, creates a complete moral equivalence between Israel and the terrorist group Hamas – the actions of both are described as “shocking.” The statement fails to acknowledge Israel’s right to self-defense or condemn Hamas’s use of civilians as human shields. Thus, the statement wrongly accuses Israel of “collective punishment” and “forced displacement” when in fact it is fighting a war for survival against Hamas, which cynically uses the Gaza civilian population as human shields. The opposite is true as Israel is trying to minimize harm to Gazan civilians as it strikes legitimate Hamas targets. To suggest otherwise is irresponsible and fans the flames of antisemitism. If Lazzarini is truly concerned with the future prospects of peace then he must also call for the removal of Hamas.
October 28, 2023, UNRWA Commissioner-General Philippe Lazzarini: “The communications blackout is yet another action taken to try to impede the humanitarian response to the civilians of the Gaza Strip. But I can assure you that this action will not discourage us. Our determination remains unshaken. We will continue to fulfil our humanitarian duty, even in the face of these unprecedented challenges.
Meanwhile, the world is uniting around the need to put an end to this catastrophe. Yesterday, the United Nations General Assembly passed a resolution, with overwhelming support, which calls for an immediate, durable and sustained humanitarian truce, among other provisions to aid the people of the Gaza Strip. My team and I will continue our non-stop engagements with all the key actors to ensure that this quasi-universal position translates into tangible progress on the ground…
I meant what I told the world with pride during the press conference yesterday: you are the face of humanity during one of its darkest hours.”
Analysis: UNRWA Chief Lazzarini misconstrues Israeli actions as trying to “impede the humanitarian response to the civilians in the Gaza Strip,” when Israel is simply trying to utilize all available resources to defeat the Hamas terrorist group. A ceasefire or humanitarian truce will not end the violence as it will enable Hamas to regroup and perpetrate more vile attacks against Israel. In the meantime, humanitarian aid has been entering Gaza through the Rafah border crossing and Israel has committed to allowing more aid to enter the strip.
October 27, 2023, UNRWA Commissioner-General Philippe Lazzarini: “Many argue that aid cannot enter because of aid diversion. Let me be clear. We have solid monitoring mechanisms. UNRWA is a direct provider of assistance to people in need. All our vendors and partners are vetted against the sanctions list. We give aid to those who need it most. Our convoys and their routes are notified and de-conflicted. UNRWA does not and will not divert any humanitarian aid into the wrong hands.
Finally, you have heard our repeated calls for the rules of war to be also applied to this war.
It means to apply the international humanitarian law, including the principle of proportionality and distinction. Civilians have to be spared – hospitals, schools, UN premises hosting hundreds of thousands of displaced seeking safety.
To do so, we need to see the human face of the Gazan civilians. To equal Gaza with Hamas is VERY dangerous and misleading. It is an equation aimed at de- humanizing people, aimed at making the unjustifiable justifiable. Keeping our humanity means showing that the people in Gaza deserve our empathy and our compassion.”
Analysis: UNRWA Chief Lazzarini states that “to equal Gaza with Hamas is VERY dangerous,” implying this is what Israel does. In fact, it is Lazzarini’s statement that is “VERY dangerous,” since it falsely accuses Israel while giving Hamas a free pass. Israel has repeatedly emphasized that its war is with Hamas and has warned Gaza civilians to evacuate to safety. Suggesting that Israel fails to observe the principles of “proportionality and distinction” while at the same time ignoring Hamas’s use of civilians as human shields, baselessly demonizes Israel.
October 26, 2023, Guardian Op-ed by UNRWA Commissioner-General Philippe Lazzarini: “On 7 October, Hamas committed unspeakable massacres of Israeli civilians that may amount to war crimes. The UN condemned this horrific act in the strongest terms. But let there be no shadow of a doubt – this does not justify the ongoing crimes against the civilian population of Gaza, including its 1 million children.
The UN charter and our commitments are a commitment to our shared humanity. Civilians – wherever they are – must be protected equally. Gaza’s civilians did not choose this war. Atrocities should not be followed by more atrocities. The response to war crimes is not more war crimes. The framework of international law is very clear on this and well established.
It will take genuine and courageous efforts to go back to the roots of this deadly deadlock and offer political options that are viable and can enable an environment of peace, stability and security. Until then, we must make sure that the rules of international humanitarian law are respected, and civilians spared and protected. An immediate humanitarian ceasefire must be enacted to allow safe, continuous and unrestricted access to fuel, medicine, water and food in the Gaza Strip.”
Analysis: Every time a UN official says that Hamas’s crimes do not justify Israel’s “crimes against the civilian population of Gaza” and says things like “atrocities should not be followed by more atrocities,” the UN perpetuates the false moral equivalence between the law-abiding State of Israel and the lawless terrorist group Hamas. For the UN to truly live up to the founding principles of its Charter, including to “save succeeding generations from the scourge of war,” it must unequivocally uphold Israel’s right to self-defense against genocidal terrorists that seek to destroy it. Certainly, Israel must abide by international humanitarian law, but to suggest that it is deliberately flouting these rules is wrong.
October 22, 2023, UNRWA Commissioner-General Philippe Lazzarini: “In three days, UNRWA will run out of fuel, critical for our humanitarian response across the Gaza Strip. Without fuel, there will be no water, no functioning hospitals and bakeries. Without fuel, aid will not reach those in desperate need. Without fuel, there will be no humanitarian assistance. No fuel will further strangle the children, women and people of Gaza. UNRWA is the largest humanitarian actor in the Gaza Strip. Without fuel, we will fail the people of Gaza whose needs are growing by the hour, under our watch. This cannot and should not happen. I call on all parties and those with influence over them to immediately allow fuel supplies into the Gaza Strip and to ensure that fuel is strictly used to prevent a collapse of the humanitarian response. UNRWA is currently hosting more than half a million people out of nearly 1 million displaced across the Gaza Strip. I welcome yesterday’s convoy into Gaza, the first in two weeks of a very tight siege impacting 2 million people. It is, however, far from enough. To be meaningful, Gaza needs an uninterrupted and scaled up humanitarian supply line.”
Analysis: Instead of calling on “all parties” to “immediately allow fuel supplies into Gaza,” Lazzarini should be calling on Hamas to immediately stop firing indiscriminate rockets at Israel and give its fuel stores to the people of Gaza. It has been reported that Hamas has enough fuel to continue its military operations for months.
October 21, 2023, UNRWA Commissioner-General Philippe Lazzarini: “No words can describe the levels of condemnations of all atrocities and violations, everywhere. I – once again- recall the non-negotiable legal obligations incumbent on all parties to the conflict to protect the lives of civilians, wherever they are, at all times, and to refrain from attacks on civilian facilities, including schools, hospitals, places of worship, and civilians’ homes, including those of UNRWA staff. These are basic, moral imperatives of our collective humanity.
Let me be clear: protecting civilians in times of conflict is not an aspiration or an ideal; it is an obligation and a commitment to our shared humanity.
I echo the calls from the UN Secretary-General on all parties to reach an urgent humanitarian ceasefire. This is the only way out of this mayhem; any other way will plunge Gaza – and the world – deeper into fathomless, dark depths.”
Analysis: UNRWA Chief Philippe Lazzarini again implies that Israel is intentionally targeting civilians in Gaza, while omitting any condemnation or criticism of Hamas for its use of Gaza civilians on human shields. While on its face, the statement is directed at “all parties,” it’s clear that the focus is Israel’s attacks in Gaza and not Hamas rocket fire on Israel. Furthermore, by using the term “all parties,” Lazzarini creates a complete moral equivalence between Israel and Hamas which in effect legitimizes Hamas and ignores that Israel is acting lawfully in self-defense.
October 18, 2023, UNRWA Commissioner-General Philippe Lazzarini: “First, we must reiterate that international humanitarian law must prevail, with an immediate cessation of attacks targeting civilians and civilian objects, including UN and humanitarian personnel and premises. It must be underscored that all UN facilities are protected under international law and should never be subjected to attack under any circumstances.
Second, there is an urgent need to ensure humanitarian access. This can be achieved through an immediate humanitarian ceasefire to allow without further delay, unimpeded and safe access to humanitarian assistance.
Third, UNRWA must receive adequate resources. The Agency is short of US$ 100 million for its core budget for this year, the backbone of the Agency which covers the salaries of all our staff, including those in Gaza. Doctors, nurses, social workers, sanitation laborers, security guards: all will suffer if we cannot pay their salaries, which is a real risk as of next month.
Additionally, UNRWA has issued a Flash Appeal of US$ 104 million for its immediate emergency response to more than a million displaced and vulnerable Palestine Refugees. This appeal will most likely soon be revised upwards.”
Analysis: The statement calls for an “immediate cessation of attacks targeting civilians and civilian objects,” thus implying that Israel is intentionally targeting civilians. At the same time, it fails to acknowledge Hamas’s use of Gaza civilians and civilian objects as human shields. The statement also calls for “humanitarian access” but does not acknowledge Israeli concerns that the humanitarian assistance will end up in the hands of Hamas rather than the people of Gaza.
October 17, 2023, UNRWA Commissioner-General Philippe Lazzarini: “At least six people were killed this afternoon when an UNRWA school was hit in al-Maghazi refugee camp, in Gaza’s middle area.
Dozens were injured (including UNRWA staff) and severe structural damage was caused to the school.
The numbers are likely to be higher.
This is outrageous, and it again shows a flagrant disregard for the lives of civilians.
No place is safe in Gaza anymore, not even UNRWA facilities.
The school was hit during Israeli forces airstrikes and bombardment on the Gaza Strip.
At least 4,000 people have taken refuge in this UNRWA school turned shelter. They had and still have nowhere else to go.
Since the war began on 7 October, UNRWA provides the coordinates of its facilities to relevant parties on a daily basis.”
Analysis: This statement criticizes Israel for hitting an UNRWA school during one of its strikes. In mentioning only Israel, it gives a free pass to Hamas which brazenly uses Gaza civilians as human shields, including by operating in close proximity to civilian infrastructure. It has already been established that Hamas places rocket launchers in and near schools. As a UN official, Lazzarini should condemn Hamas for its use of civilians as human shields – a war crime.
October 15, 2023, UNRWA Commissioner-General Philippe Lazzarini: “I have called for this press conference to raise the alarm that as of today, my UNRWA colleagues in Gaza are no longer able to provide humanitarian assistance.
As I speak with you, Gaza is running out of water and electricity.
In fact, Gaza is being strangled and it seems that the world right now has lost its humanity.
We keep reminding that International Humanitarian Law has now to be at the center of our concerns.
Wars, all wars, even this war, have laws.
International humanitarian law is the law of any armed conflict.
It explicitly sets the minimum standards that must prevail at any, any time.
The protection of the wounded and civilians, including humanitarian workers, is non-negotiable under humanitarian law.
Last week’s attack on Israel was horrendous – devastating images and testimonies continue to come out.
The attack and the taking of hostages are a flagrant violation of international humanitarian law.
But the answer to killing civilians cannot be to kill more civilians.
Imposing a siege and bombarding civilian infrastructure in a densely populated area will not bring peace and security to the region.
The siege in Gaza, the way it is imposed, is nothing else than collective punishment.
All parties must facilitate a humanitarian corridor so we can reach all those in need of support.
Finally, we are also calling for a suspension of hostilities for humanitarian reasons, and this needs to take place without any delay if we want to spare loss of more lives.”
Analysis: On October 15th, more than one week after Hamas’s savage attack, UNRWA Commissioner General for the first time acknowledged that the attack and hostage-taking violated international law. However, he did not use the word terrorist or mention Hamas. Moreover, the statement focuses on the humanitarian plight of Gazans, and mentions the attack on Israel only in the context of telling Israel that it does not justify Israel’s counterstrikes in Gaza. The statement completely ignores the existence of the terrorist organization Hamas, its threat to Israel, and Israel’s right to self-defense.
October 14, 2023: “UNRWA calls on Israeli Authorities to protect all civilians sheltering in UNRWA premises across the Gaza Strip, including those in northern Gaza and Gaza City.
Despite the order to evacuate more than 1 million persons from northern Gaza and Gaza City to the southern Gaza Strip, many, particularly pregnant women, children, the elderly and persons with disabilities, will not be able to flee the area. They have no choice and must be protected at all times.
Wars have rules. Civilians, hospitals, schools, clinics and United Nations premises cannot be a target. UNRWA is sparing no efforts to advocate with parties to the conflicts to meet their obligations under international law to protect civilians, including those seeking refuge in UNRWA shelters.
UNRWA shelters in Gaza and northern Gaza are no longer safe. This is unprecedented.
This war should be no exception, protection of civilians and civilian infrastructure, including United Nations buildings, applies to this conflict too.”
Analysis: The statement is directed only to “Israeli Authorities” and implies that Israel is not following the “rules” of war, while it ignores Hamas’s culpability for the situation.
October 14, 2023, UNRWA Commissioner-General Philippe Lazzarini: “It has become a matter of life and death. It is a must; fuel needs to be delivered now into Gaza to make water available for 2 million people,” said Philippe Lazzarini, UNRWA Commissioner-General.
“We need to truck fuel into Gaza now. Fuel is the only way for people to have safe drinking water. If not, people will start dying of severe dehydration, among them young children, the elderly and women. Water is now the last remaining lifeline. I appeal for the siege on humanitarian assistance to be lifted now,” added Lazzarini.
Analysis: This first official statement by UNRWA Commissioner-General Philippe Lazzarini since Hamas’s savage October 7th attack expresses concern only for the citizens of Gaza while ignoring Hamas’s culpability for their plight.
October 13, 2023: “As Gaza remains under heavy bombardment with Israel tightening its grip over the overpopulated Strip, it is left to the UN and humanitarians to protect civilians.
The call from Israeli Forces to move more than 1 million civilians living in northern Gaza within 24 hours is horrendous. This will only lead to unprecedented levels of misery and further push people in Gaza into the abyss.
Since 7 October, over 423,000 people have already been displaced. Of them, more than 270,000 have taken refuge in UNRWA shelters, where basic food, medicine and support is provided to retain dignity and a glimmer of hope.
There is no exception, all parties must uphold the laws of war; humanitarian assistance must be provided at all times to civilians.
I urge all parties and those with influence over them to put an end to this tragedy and provide immediate and unconditional humanitarian access and protection to the civilians, among them far too many women and children.”
Analysis: The statement is critical of Israel and refuses to acknowledge its right and need for self-defense. By calling on “all parties” to “uphold the laws of war,” the statement makes a false moral equivalence between Israel and Hamas, and ignores Hamas’s double war crime of indiscriminate rockets fired into Israel while using Gaza civilians as human shields.
October 13, 2023, Juliette Touma, UNRWA Director of Communications: “UNRWA has relocated its central operations centre and international staff to a location in southern Gaza to continue its humanitarian operations and support to staff and Palestine Refugees in the Gaza Strip.
UNRWA urges Israeli Authorities to protect all civilians in UNRWA shelters including schools.
They are UN facilities. They must be protected at all times and must never come under attack in accordance with international humanitarian law.”
Analysis: The statement urges only Israeli authorities “to protect all civilians in UNRWA shelters,” and ignores Hamas’s culpability and its use of civilians as human shields.
October 11, 2023, Jennifer Austin, Deputy Director UNRWA Affairs Gaza: “I am very saddened to confirm that 11 UNRWA colleagues have been killed since 7 October in the Gaza Strip.
They included five teachers at UNRWA schools, one gynecologist, one engineer, one psychological counselor and three support staff.
Some were killed in their homes with their families.
UNRWA mourns this loss and is grieving with our colleagues and the families.
UN staff and civilians must be protected at all times during conflict.
We call for the fighting to come to an end to spare more civilian lives lost”.
Analysis: The statement focuses on UNRWA staff “killed since October 7 in the Gaza Strip”. Yet, it does not mention Hamas or the events that preceded the strikes in Gaza.
October 10, 2023: “Last night, a building housing the UNRWA headquarters in Gaza City sustained significant damage as a result of airstrikes nearby. All UN international staff present in Gaza are taking shelter in another building within the same compound.
UNRWA did not record any casualties among its staff during this incident, however two UNRWA staff members and five UNRWA students have been killed since 7 October.”
Analysis: This statement is only concerned with criticizing Israeli counterstrikes on Gaza. It does not mention Hamas, or its use of human shields in Gaza.
October 8, 2023: “Civilians must be protected at all times, including during fighting. UNRWA supports calls to reach an immediate ceasefire and a halt to the violence everywhere… Schools and other civilian infrastructure, including those sheltering displaced families, must never come under attack.”
Analysis: UNRWA did not release any official statement on the Hamas assault against Israeli civilians. However, on October 8th, after Israel commenced its counterstrike, UNRWA issued a press release on the situation in Gaza. The press release concerns only the situation in Gaza. It nowhere mentions Hamas, or the fact that Hamas operates in close proximity to civilian structures, including UNRWA schools.
November 19, 2023: A second WHO-led joint UN mission, working in collaboration with the Palestine Red Crescent Society, earlier today evacuated 31 babies from Al-Shifa Hospital in northern Gaza, to a hospital in southern Gaza…
The evacuation, which was requested by health workers and patients during the joint mission yesterday, became necessary as Al-Shifa Hospital is no longer able to function due to a lack of clean water, fuel, medical supplies, food, other essential items and the intense hostilities. WHO remains deeply concerned about the safety and health needs of patients and health workers who remain at Al-Shifa Hospital, and in the few partially functional hospitals in the north that face imminent closure.
Al-Shifa Hospital, previously the largest and most advanced referral hospital in Gaza, together with other hospitals, must be fully restored to provide urgently needed health services in Gaza…
There remain over 250 patients and 20 health workers at Al-Shifa, who all request immediate evacuation. Planning is ongoing to evacuate the remaining patients, their families and the health-care workers. Given the complex security and logistics constraints, these evacuations will take several days to complete. Priority will be given to the 22 dialysis patients and 50 patients with spinal injuries. WHO reaffirms its respect for the dedication, professionalism, humanity and courage of the health staff who have continued to care for their patients under unimaginably difficult conditions.
WHO reiterates its plea for collective efforts to bring an end to the hostilities and humanitarian catastrophe in Gaza. We call for an immediate ceasefire, the sustained flow of humanitarian assistance at scale, unhindered humanitarian access to all of those in need, the unconditional release of all hostages—many of whom have serious medical needs—and the cessation of attacks on health care and other vital infrastructure.
Analysis: This second statement also concerns the voluntary evacuation of patients and health providers from Al Shifa hospital. At the end it calls for a ceasefire, humanitarian assistance, and release of all hostages. It also calls from a “cessation of attacks on health care and other vital infrastructure,” but does not mention Hamas’ use of these facilities as human shields.
November 18, 2023: Earlier today, a joint UN humanitarian assessment team led by WHO accessed Al-Shifa Hospital in northern Gaza to assess the situation on the ground, conduct a rapid situational analysis, assess medical priorities and establish logistics options for further missions. The team included public health experts, logistics officers and security staff from OCHA, UNDSS, UNMAS/UNOPS, UNRWA and WHO.
The mission was deconflicted with the Israel Defense Forces (IDF) to ensure safe passage along the agreed route. However, this was a high-risk operation in an active conflict zone, with heavy fighting ongoing in close proximity to the hospital.
Earlier in the day, the IDF had issued evacuation orders to the remaining 2500 internally displaced people who had been seeking refuge on the hospital grounds. They, along with a number of mobile patients and hospital staff, had already vacated the facility by the time of the team’s arrival.
Due to time limits associated with the security situation, the team was able to spend only one hour inside the hospital, which they described as a “death zone,” and the situation as “desperate.” Signs of shelling and gunfire were evident. The team saw a mass grave at the entrance of the hospital and was told more than 80 people were buried there…
WHO is deeply concerned about the safety and health needs of patients, health workers and internally displaced people sheltering at the few remaining partially functional hospitals in the north, which are facing the risk of closure due to a lack of fuel, water, medical supplies and food, and the intense hostilities. Immediate efforts must be made to restore the functionality of Al-Shifa and all other hospitals to provide urgently needed health services in Gaza.
WHO reiterates its plea for collective efforts to bring an end to the hostilities and humanitarian catastrophe in Gaza. We call for an immediate ceasefire, the sustained flow of humanitarian assistance at scale, unhindered humanitarian access to all of those in need, the unconditional release of all hostages, and the cessation of attacks on health care and other vital infrastructure. The extreme suffering of the people of Gaza demands that we respond immediately and concretely with humanity and compassion.
Analysis: This statement concerns the voluntary evacuation of patients and health providers from Al Shifa hospital. At the end it calls for a ceasefire, humanitarian assistance, and release of all hostages. It also calls from a “cessation of attacks on health care and other vital infrastructure,” but does not mention Hamas’ use of these facilities as human shields.
October 28, 2023: “WHO reiterates its calls for an immediate
humanitarian ceasefire, and reminds all parties to the conflict to take all precautions to protect civilians and civilian infrastructure. This includes health workers, patients, health facilities and ambulances, and civilians who are sheltering in these facilities. Active measures must be taken to ensure they are not harmed and safe passage provided for the movement of desperately needed medical supplies, fuel, water and food into and across Gaza.
Reports of bombardment near the Indonesia and Al Shifa hospitals are gravely concerning. WHO reiterates that it is impossible to evacuate patients without endangering their lives. Hospitals across Gaza are already operating at maximum capacity due to the injuries sustained in weeks of unrelenting bombardment, and are unable to absorb a dramatic rise in the number of patients, while sheltering thousands of civilians…
WHO appeals to the humanity in all those who have the power to do so to end the fighting now, in line with the UN resolution adopted yesterday, calling for a humanitarian truce, as well as the immediate and unconditional release of all civilians held captive.”
Analysis: This WHO statement is mostly about the health situation in Gaza with one line at the end calling for the release of hostages. The statement is directed generally at “all parties,” but specifically mentions a “bombardment near the Indonesia and Al Shifa hospitals” as “gravely concerning.” In that context, it should also have condemned Hamas’s installation of its headquarters under Al Shifa hospital, using it as a human shield. Moreover, in calling for an “immediate humanitarian ceasefire” and to “end the fighting now,” while Hamas is still able to perpetrate atrocities against both Israelis and Palestinians, some lives might be saved in the short term, but a lasting peace would not be
realized.
October 25, 2023: Gravely concerned by the humanitarian and health situation facing approximately 200 people, including health workers and up to 30 children, abducted from Israel by Hamas and other armed groups on 7 October 2023, the World Health Organization today reiterated its call for the immediate release of all the hostages, along with urgent access to each of them and delivery of medical care.
“We met today with families of people abducted from southern Israel on 7 October and heard firsthand the tragedy, trauma and suffering they are facing,” said Dr Tedros. “There is an urgent need for the captors of the hostages to provide signs of life, proof of provision of health care and the immediate release, on humanitarian and health grounds, of all those abducted.”
“Many of the hostages, including children, women and the elderly, have pre-existing health conditions requiring urgent and sustained care and treatment. The mental health trauma that the abducted, and the families, are facing is acute and psychosocial support is of great importance.”
Dr Tedros said the International Committee of the Red Cross (ICRC) should be granted immediate access to the hostages to understand their health status. WHO stands ready to provide the ICRC, which is mandated to provide support to hostages in conflict situations, with any health support for the hostages, Dr Tedros added.
Analysis: It is reassuring to see this statement by WHO head Dr. Tedros focusing on the health and well-being of the more than 200 Israeli hostages held by Hamas. The statement would be stronger if it condemned Hamas’s actions and demanded Hamas provided information on the hostages and allow ICRC access to them.
October 21, 2023: “We call for a humanitarian ceasefire, along with immediate, unrestricted humanitarian access throughout Gaza to allow humanitarian actors to reach civilians in need, save lives and prevent further human suffering. Flows of humanitarian aid must be at scale and sustained, and allow all Gazans to preserve their dignity.
We call for safe and sustained access to water, food, health – including sexual and reproductive health – and fuel, which is necessary to enable essential services.
We call for the protection of all civilians and civilian infrastructure in Gaza, including health-care facilities.
We call for the protection of humanitarian workers in Gaza who are risking their lives in the service of others.
And we call for the utmost respect of international humanitarian law by all parties.”
Analysis: The statement refrains from naming perpetrators and has a call at the end to “all parties,” but it is clearly directed at Israel as it of focuses on the humanitarian needs of Gazans, not Israelis. It never mentions the humanitarian needs of more than 200 Israeli hostages held by Hamas. The WHO should condemn Hamas’s crimes and affirm Israel’s right to self-defense.
October 17, 2023: “WHO strongly condemns the attack on Al Ahli Arab Hospital in the north of the Gaza Strip. The hospital was operational, with patients, health and care givers, and internally displaced people sheltering there. Early reports indicate hundreds of fatalities and injuries.”
Analysis: It appears this statement was issued before it was confirmed that the Palestinian Islamic Jihad terrorist group was behind the rocket attack that hit the hospital. We expect the WHO to strongly condemn PIJ for that attack.
October 14, 2023: “As the United Nation’s agency responsible for public health, the World Health Organization (WHO) strongly condemns Israel’s repeated orders for the evacuation of 22 hospitals treating more than 2000 inpatients in northern Gaza. The forced evacuation of patients and health workers will further worsen the current humanitarian and public health catastrophe…
WHO calls for Israel to immediately reverse evacuation orders to hospitals in northern Gaza, and calls for the protection of health facilities, health workers, patients, and civilians. WHO also reiterates its calls for the immediate and safe delivery of medical supplies, fuel, clean water, food, and other humanitarian aid into Gaza through the Rafah crossing, where life-saving assistance – including WHO health supplies that arrived earlier today – is currently awaiting entry.”
Analysis: In calling on Israel to reverse its evacuation orders, the WHO plays into the hands of Hamas and hinders Israel’s ability to defend itself. Israel is fighting a war of self defense against the terrorist organization Hamas that barbarically massacred over 1400 of its civilians on October 7th, injured thousands more, and took over 200 hostages into Gaza. Hamas is also using the Gaza civilian population as human shields. Israel did not order the evacuation for no reason but because it is necessary for the protection of the civilians. The WHO should support Israel’s efforts to protect Gaza civilians.
October 13, 2023: “WHO joins the wider United Nations in appealing to Israel to immediately rescind orders for the evacuation of over 1 million people living north of Wadi Gaza. A mass evacuation would be disastrous—for patients, health workers and other civilians left behind or caught in the mass movement…
WHO asks for the immediate establishment of a humanitarian corridor for their onward, safe delivery to health care facilities in Gaza, including via Rafah.
WHO reiterates its plea for humanitarian access for life-saving supplies and the delivery of fuel, water, and food; for protection under international humanitarian law for civilians, health workers and health infrastructure; and ultimately, for an end to hostilities and violence.”
Analysis: The statement is critical of Israel’s evacuation order for Northern Gaza but fails to credit Israel for warning civilians to get out of harms way or to acknowledge Hamas’s weaponization of Gaza civilians by using them as human shields. Instead of condemning Hamas for its barbaric assault on Israeli civilians and affirming Israel’s right to self-defense, the statement creates a false moral equivalency between Israel and Hamas by issuing a general call for an “end to hostilities and violence.”
October 10, 2023: “The World Health Organization (WHO) repeats its call for an end to the hostilities that are causing untold suffering in Israel and the Gaza Strip. Over 1000 people have died and many more injured following horrific acts of violence by Hamas and others on Saturday in Israel. Nine hundred people have died and many more injured in days of bombing by Israel in Gaza. The pain of so many families must be unbearable…
WHO is also gravely concerned about the health and well-being of hostages, including elderly civilians, seized from Israel by Hamas in attacks on 7 October. The hostages’ health and medical needs must be addressed immediately, and we call for their safe release.”
Analysis: This first official statement by the WHO, three days after Hamas’s barbaric massacre of Israeli civilians completely misses the point by calling for “an end to the hostilities.” At the same time it creates a false moral equivalency between Israel and Hamas which it treats exactly the same. In reality, Hamas is a barbaric terrorist organization while Israel is a sovereign state acting in self-defense.
November 14, 2023, Executive Director Catherine Russell: “The parties to the conflict are committing grave violations against children; these include killing, maiming, abductions, attacks on schools and hospitals, and the denial of humanitarian access – all of which UNICEF condemns. In Gaza, more than 4,600 children have reportedly been killed, with nearly 9,000 reportedly injured. Many children are missing and believed buried under the rubble of collapsed buildings and homes, the tragic result of the use of explosive weapons in populated areas. Meanwhile, newborn babies who require specialized care have died in one of Gaza’s hospitals as power and medical supplies run out, and violence continues with indiscriminate effect…”
“I am here to do whatever I can to advocate for the protection of children. I once again call on all parties to ensure that children are protected and assisted, as per international humanitarian law. Only the parties to the conflict can truly stop this horror. I also call on the parties to implement an immediate humanitarian ceasefire, to safely release all abducted and detained children, and to ensure that humanitarian actors have safe, sustained and unimpeded access to reach those in need with the full range of lifesaving services and supplies.”
Analysis: This statement by Catherine Russell treats Israel’s defensive strikes against Hamas exactly the same as Hamas’ unprovoked atrocities against Israeli civilians, creating a complete moral equivalency that ultimately incentivizes Hamas. The statement does not mention Hamas at all or its barbaric October 7th massacre in which Israeli children were targeted. The statement criticizes attacks on Gaza hospitals, but does not mention Hamas’ use of those hospitals as human shields. It refers to the continuation of “indiscriminate” violence without naming perpetrators, suggesting that Israeli strikes in Gaza are indiscriminate. There is no mention of Hamas’ indiscriminate rocket attacks on Israel targeting Israeli civilians, including children. Furthermore, the statement cites Hamas Health Ministry casualty numbers without indicating the source or that these numbers cannot be confirmed. The statement also treats Israeli children abducted by Hamas, including babies, the same as Palestinian children arrested by Israel for security reasons, calling equally for their release. If UNICEF were truly concerned about the welfare of Palestinian children, Russell would have strongly condemned Hamas for multiple war crimes, including indiscriminate attacks on Israeli children, other atrocities perpetrated against Israeli children on October 7th, hostage-taking, using Palestinian children as human shields, and recruitment and use of Palestinian children as soldiers.
The near total breakdown and attacks on medical and healthcare services across Gaza, in particular the northern areas, threatens the lives of every child in the Strip.
“Children’s right to life and health is being denied,” said Adele Khodr, UNICEF Middle East and North Africa Regional Director. “The protection of hospitals and delivery of lifesaving medical supplies is an obligation under the laws of war, and both are needed now”…
“Children in Gaza are hanging by a thread, particularly in the north,” said Khodr. “Thousands and thousands of children remain in northern Gaza as hostilities intensify. These children have nowhere to go and are at extreme risk. We call for the attacks on health care facilities to stop immediately and for the urgent delivery of fuel and medical supplies to hospitals across all Gaza, including the northern parts of the Strip.”
Analysis: The statement criticizes attacks on Gaza hospitals without naming any perpetrators. By omitting any mention of Hamas’ well-publicized use of Gazan hospitals to shield its military operations in violation of the laws of war, this UNICEF statement necessarily implies that the attacking party, Israel, is responsible for any harm and enables Hamas’ violations. The statement also fails to mention all of Israel’s efforts to secure safety and healthcare for Gazans, including by facilitating evacuations, delivering fuel to the Al Shifa hospital, and facilitating the establishment of alternative healthcare facilities in other parts of Gaza.
November 3, 2023: Children and families in Gaza are caught in a catastrophic situation. Thousands of children have reportedly been killed and thousands more injured. Children and families in Gaza have been cut off from water, food, medicine, and other essentials, including safe access to hospitals, following escalating hostilities. UNICEF is calling for an immediate humanitarian ceasefire and for unrestricted humanitarian access to allow aid to reach children and families in need, save lives and prevent further suffering… Hospitals and schools must be protected from bombings and they must not be used for military purposes, in accordance with international humanitarian law. Civilians must be protected – children particularly – and all efforts must be made to spare them in all circumstances. Even wars have rules.
Analysis: This call for a ceasefire to benefit the children in Gaza does not mention the Israeli children taken hostage by Hamas or Hamas atrocities against Israeli children on October 7. Hamas is mentioned only indirectly in a call not to use civilian structures for military purposes.
November 1, 2023: “The scenes of carnage coming out of Jabaliya camp in the Gaza Strip following attacks yesterday and again today are horrific and appalling… These two attacks follow 25 days of ongoing bombardment that have reportedly resulted in more than 3,500 children killed – not including today’s deaths – and over 6,800 children reportedly injured. This would be over 400 children killed or injured per day, for 25 straight days. This cannot become the new normal… Children have endured too much already. The killing and captivity of children must stop. Children are not a target. UNICEF reiterates its urgent call to all parties to the conflict for an immediate humanitarian ceasefire, to ensure the protection of all children, and for safe and unimpeded humanitarian access to deliver lifesaving aid at scale across the Gaza Strip, according to International Humanitarian Law.”
Analysis: The statement is critical of Israel’s offensive in Jabaliya refugee camp, a Hamas stronghold. While death and injury to civilians, especially children, in any conflict are tragic, unfortunately Hamas stations its military assets in civilian areas putting children at risk. UNICEF fails to condemn this war crime by Hamas or to take into account Israel’s efforts to minimize harm to civilians. Moreover, it cites death and injury numbers, apparently from the Hamas Health Ministry, without providing the source or explaining that these numbers cannot be verified and do not indicate whether any of the children were Hamas militants. Hamas is known to recruit and use child soldiers under the age of 18.
October 31, 2023, Spokesperson James Elder: “From the earliest days of the unprecedented hostilities in the Gaza Strip, UNICEF has been forthright on the need for an immediate humanitarian ceasefire, for the aid to flow and for children abducted to be released. Like many others, we have pleaded for the killing of children to stop. Our gravest fears about the reported numbers of children killed becoming dozens, then hundreds, and ultimately thousands were realized in just a fortnight. The numbers are appalling; reportedly more than 3,450 children killed; staggeringly this rises significantly every day. Gaza has become a graveyard for thousands of children. It’s a living hell for everyone else… And so we say again, on behalf of Talia and Zain, and the other 1.1m children in Gaza living through a nightmare: We need an immediate humanitarian ceasefire. And all access crossings into Gaza must be opened for the safe, sustained and unimpeded access of humanitarian aid, including water, food, medical supplies, and fuel. And if there is no ceasefire, no water, no medicine, and no release of abducted children? Then we hurtle towards even greater horrors afflicting innocent children.”
Analysis: The statement calls for an immediate humanitarian ceasefire so that humanitarian aid can enter Gaza for the benefit of Gazan children and the child hostages can be released. Other than token references to “abducted children” in the first and last sentences, the statement focuses entirely on the plight of Palestinian children in Gaza. However, it fails to hold Hamas accountable for the situation. It does not mention Hamas by name and does not call on Hamas to share its hoard of supplies with the children of Gaza.
October 24, 2023: Over the past 18 days, the Gaza Strip has borne witness to a devastating toll on its children, with a reported 2,360 fatalities and a reported 5,364 injuries due to unrelenting attacks, or more than 400 children reportedly either killed or injured daily. Additionally, more than 30 Israeli children reportedly have lost their lives, and dozens remain in captivity within the Gaza Strip. The 18-day period is the deadliest escalation of hostilities in the Gaza Strip and Israel that the UN has witnessed since 2006.
Almost every child in the Gaza Strip has been exposed to deeply distressing events and trauma, marked by widespread destruction, relentless attacks, displacement, and severe shortages of essential necessities such as food, water, and medicine.
“The killing and maiming of children, abduction of children, attacks on hospitals and schools, and the denial of humanitarian access constitute grave violations of children’s rights,” said Adele Khodr, UNICEF Regional Director for the Middle East and North Africa. “UNICEF urgently appeals on all parties to agree to a ceasefire, allow humanitarian access and release all hostages. Even wars have rules. Civilians must be protected – children particularly – and all efforts must be made to spare them in all circumstances…”
Analysis: The statement creates a moral equivalence between Israel and Hamas by accusing both equally of “grave violations of children’s rights.” Hamas is a terrorist group that gloried in the barbaric slaughter of Israeli children and took babies and young children as hostages. It is tragic that Palestinian children are now suffering from Israeli military strikes against Hamas, Israel is not targeting them and is doing all it can to avoid harming civilians despite Hamas’s brazen use of civilians as human shields. By calling for a ceasefire, UNICEF would hand a victory to Hamas which only ensures further bloodshed.
October 21, 2023: “Every child must be protected and humanitarian agencies, like UNICEF, must be able to safely and predictably deliver assistance to children and families in Gaza who are in desperate need,’’ Russell said. “Above all, all parties must unconditionally protect every child from harm and afford them the special protection to which they are entitled, in accordance with obligations under international humanitarian law.”
Analysis: This statement focuses on the need to provide humanitarian aid to Gaza. While there is a line calling on “all parties” to “protect every child from harm,” the statement does not mention the Israeli hostages held by Hamas in Gaza or Hamas’s exploitation of Gaza civilians, including children as human shields. UNICEF should acknowledge Israel’s right to self-defense and condemn Hamas violations against children.
October 17, 2023: “I am horrified by the reported deaths and injuries of children and women following an attack on the Al Ahli Hospital in the Gaza Strip this evening. While details are still emerging and bodies are still being counted, the scenes on the ground are devastating. This underscores the deadly impact this ongoing war is having on children and families. In just 11 days, hundreds of children have tragically lost their lives – not including today’s deaths – and thousands more injured, and over 300,000 children displaced from their homes. Attacks on civilians and civilian infrastructure, such as hospitals, are unacceptable and must cease now.”
Analysis: This statement strongly condemns the attack on the Al Ahli Hospital. By not naming perpetrators, the statement implies Israeli responsibility for the attack. Now that it has been confirmed that the attack was caused by a misfired rocket from the Iranian-sponsored Palestinian Islamic Jihad group, UNICEF should correct its statement to condemn PIJ and hold it account.
October 13, 2023: “Hundreds and hundreds of children have been killed and injured. Every hour in Gaza, the number of children killed rises. The killing of children must stop. The images and stories are clear: children with horrendous burns, mortar wounds, and lost limbs. And hospitals are utterly overwhelmed to treat them. Yet the numbers keep rising. Israeli children being held hostage in Gaza must be safely and immediately reunited with their f families and loved ones…UNICEF is calling for an immediate cease-fire as 1.1 million people – nearly half of them children – have been warned to move out of the way ahead of what is expected to be a ground assault on one of the most densely populated places on the planet, but with nowhere safe for civilians to go.”
Analysis: This is the first UNICEF statement to mention the Israeli hostages and call for their return. However, this is just one line in a longer statement focused on the plight of children in Gaza. Like UNICEF’s other statements, this statement doesn’t mention Hamas, or terrorism, or acknowledge Israel’s right to self-defense. Thus, it gives a free pass to Hamas.
October 13, 2023: “The situation is catastrophic, with unrelenting bombing and a massive increase in the displacement of children and families. There are no safe places,” said UNICEF Executive Director Catherine Russell. “An immediate ceasefire and humanitarian access are the top priorities to allow much needed aid to children and families in Gaza. We need an immediate humanitarian pause to ensure unhindered and safe access to children in need, no matter who they are or where they are. There are rules of war. Children in Gaza need lifesaving support and every minute counts.”
Analysis: This statement focuses on the plight of Gazan children following Israel’s bombing campaign and evacuation order. It does not mention Israeli children tortured and murdered by Hamas, Israeli children being held hostage by Hamas, or Hamas’s use of Gazan children as human shields. It does not mention Hamas at all. Instead, the statement calls for an immediate ceasefire, effectively denying Israel’s right to self-defense and giving Hamas a free pass.
October 7, 2023: “I am deeply concerned for the wellbeing of children in Israel and the State of Palestine. With hundreds of civilians reportedly killed or injured, we are closely monitoring the situation for reports of grave rights violations committed against children. Today’s events continue the trend of spikes in violence that have wracked Israel and the State of Palestine, leaving 199 children dead and more than 2,800 injured in the last three years. UNICEF calls for the immediate cessation of hostilities, and for all parties to protect children from harm and afford them the special protection to which they are entitled, in accordance with their obligations under international humanitarian law…
Analysis: This is a weak statement that fails to condemn Hamas for the atrocities it perpetrated against Israeli civilians on October 7th and creates a false moral equivalency between the two sides. Furthermore, by calling for “an immediate cessation of hostilities,” UNICEF fails to recognize Israel’s right to self-defense and gives Hamas a free pass. Indeed, the statement does not mention Hamas or terrorism.
November 16, 2023, Executive Director Sima Bahous: In Egypt, Bahous stressed that: “The international community has a pressing duty to ensure the protection of the people of Gaza, and of women and girls. Most urgent among these duties is to heed Security Council Resolution 2712, to immediately put in place extended humanitarian pauses and corridors and to abide by international humanitarian law. We join the UN’s call for an immediate humanitarian ceasefire, the immediate, unconditional release of all the hostages, many of whom are women, unrestricted humanitarian access, the protection of civilians and civilian infrastructure, and accountability for all violations of international humanitarian law and international human rights law.”
Bahous stressed the specific needs of women and girls. She noted that of the more than 11,000 people who have been killed thus far, two-thirds have been women and children and that more than 1.5 million people have been displaced without access to services and critical infrastructure, denying women of their dignity. Beyond the lack of access to food, clean water, shelter and sanitation, Gaza’s women are caring for their children, the sick and the elderly. Many bear the weight of their family’s survival alone.
In her meetings, Bahous spoke about the unbearable situation for women and girls, and the imperative of collectively ensuring that, as aid enters Gaza, their specific needs are addressed. She heard from partners in Egypt of their critical efforts to respond to the crisis and their concerns for the well-being and protection of women in Gaza.
“Even amid the current crisis, women in Gaza are again showing the power of women’s leadership and their centrality to their communities in the most appalling of circumstances. They are working as first responders and volunteers to try and keep people safe. UN Women pledges our continuing support, including to Palestinian women’s organizations in Gaza, where our long-standing relationships are more important than ever”, Bahous said.
Analysis: This statement by the Executive Director of UN Women focuses exclusively on the plight of Gazan women. Aside for a reference to the release of hostages in the context of calling for an “immediate humanitarian ceasefire,” the statement does not address the atrocities perpetrated by Hamas on Israeli women on October 7th or the current situation of the hostages, many of whom are women and children. Although the whereabouts and physical condition of the hostages are unknown, the statement does not demand Red Cross visits or information about their physical condition.
October 20, 2023: “Following the 7 October 2023 attack by Hamas on Israel, which resulted in an estimated 1,400 deaths, 4,629 injuries, and an estimated 200 people taken hostage, the Israeli Armed Forces launched strikes by land, sea and air against Gaza. To date, this has resulted in more than 3,785 Palestinian deaths, and more than 12,500 people injured. UN Women has worked to analyse the differentiated impact on women, men, boys, and girls, to ensure adequate responses to their needs.
UN Women calls for an immediate humanitarian ceasefire and for the establishment of humanitarian access to facilitate the immediate entry of humanitarian assistance, including food, water, fuel, and health supplies for women and girls in the Gaza Strip.”
Analysis: This statement concerns the need for humanitarian assistance in Gaza and the impact of hostilities on Palestinian women and girls in Gaza. The statement begins with a factual summary of the events and does not condemn the Hamas attack or acknowledge that Israel’s response is legally permissible self-defense. Since the statement concerns the impact of the hostilities on women and girls, it should have also addressed the impact of the barbaric Hamas massacre on women and girls in Israel, as well as on the hostages, many of whom are vulnerable women and girls.
October 13, 2023: “UN Women condemns the attacks on civilians in Israel and the Occupied Palestinian Territories and is deeply alarmed by the devastating impact on civilians including women and girls. We reiterate the UN Secretary-General’s call to all parties to ensure the safety of civilians and civilian infrastructure. International Humanitarian Law and Human Rights Law must be respected and upheld.
The humanitarian situation in Gaza was dire before these hostilities and has now severely worsened. This exacts unjustifiable and specific costs on women and girls. The demand to immediately relocate 1.1 million people from northern Gaza, while the entire territory is under siege, is extremely dangerous.”
Analysis: Like other UN bodies and officials, UN Women creates a false moral equivalence between the sovereign State of Israel and its terrorist attackers. The statement, released almost one week after Hamas’s barbaric attack, does not mention Hamas, terrorism, or Israel’s right to self-defense. It mostly focuses on the plight of Gazans with a one-line call to release the hostages without ever naming Hamas. It would have been appropriate to include some words about the “unjustifiable and specific costs on women and girls” not just in Gaza, but also in Israel, where women were brutally raped and killed, mothers murdered in front of their children, children murdered in front of their mothers, whole families wiped out, and tens of women, girls, mothers, children, elderly taken hostage in Gaza with no information about their well-being or whereabouts.
November 20, 2023, Committee on the Rights of the Child: “World Children’s Day has generally been regarded as a day to celebrate the gains made since the United Nations adopted the Convention on the Rights of the Child in 1989. Thirty-four years later today, it, however, has become a day for mourning for the many children who have recently died in armed conflict. More than 4,600 children have been killed in Gaza in only five weeks. This war has claimed the lives of more children in a shorter time and with a level of brutality that we have not witnessed in recent decades.
The Committee has previously urged for a ceasefire. Unfortunately, the UN Security Council has not put its weight behind that call. While the 15 November 2023 resolution of the Security Council calling for humanitarian pauses and corridors is a positive step by the international community, it does not end the war that is waging on children – it simply makes it possible for children to be saved from being killed on some days, but not on other days…”
Analysis: In honor of World Children’s Day, the Child Rights Committee takes the opportunity to mourn the death of children in Gaza in the context of a general statement on children in armed conflict. The death in armed conflict is tragic, but the Committee ignored all of the Israeli children barbarically murdered by Hamas on October 7th and those that have been held hostage by Hamas for more than six weeks. The Committee also expressed concern about sexual violence against girls in conflicts in Haiti and Sudan, but is silent about Hamas’ brutal rape of young Israeli girls on October 7th and its use of rape as a weapon of war. It seems that Israeli children are invisible to the UN Committee on children’s rights.
November 20, 2023, Committee on the Elimination of Racial Discrimination:
The Committee on the Elimination of Racial Discrimination this morning opened its one hundred and eleventh session in Geneva, during which it will review anti-discrimination efforts by Bolivia, Bulgaria, Germany, Morocco, South Africa and Viet Nam and examine individual complaints under article 14 of the Convention. Committee Experts addressed the conflict in the Gaza Strip.
Noureddin Amir, Committee Expert, said six million Jews died in the Holocaust while Europe looked on. Today, there was a new holocaust and it was the Palestinian people who were paying the price. The United Nations had been unable to firmly condemn this attack and prevent violations of international law. The Palestinians were again being chased from their land. Until when would all remain silent. Enough was enough. Israel was a true terrorist State. This was truly a holocaust, and the international community needed to put an end to it.
Gay McDougall, Committee Expert, said that there was a serious gap between the work being done in the United Nations and the situation on the ground in regions of conflict, particularly the Middle East. The Committee had issued a very important statement on the situation in the Middle East through its early warning and urgent action procedures. It had formed a commission for consultation with the two States parties in question to seek a resolution to the issue, but it had achieved no results as one of the States parties had refused to cooperate.
Mr. Boychenko said that he shared the sentiments and anger expressed by the Committee members. The Office of the High Commissioner for Human Rights felt powerless in the face of this issue. It was doing its best, but the situation was unfolding dramatically. He expressed his personal view that the Convention on the Prevention and Punishment of the Crime of Genocide was being violated. Words and emotions were not enough, he said. Urgent, strong action was needed.
Verene Albertha Shepherd, Committee Chairperson, said that this was a worrying time for everyone who believed in peace and the ending of conflicts and hostilities against vulnerable people, especially when racial discrimination was the root cause. The Committee had consistently raised alarm that systemic racism and structural racial discrimination persisted, in particular against colonised peoples, who consistently experienced marginalisation and discrimination with respect to economic, social and cultural rights and their participation in public and political affairs.
Analysis: At the opening of its session, members of the Anti-Racism Committee took the opportunity to issue one-sided criticisms of Israel’s military operation in Gaza. One Committee member accused Israel of committing a Holocaust against the Palestinians and another accused it of violating the Genocide Convention. A third Committee member declared that the root cause of the conflict was Israel’s “systemic racism and structural racial discrimination…in particular against colonized peoples. None mentioned Hamas’ barbaric October 7th massacre, continuing rocket attacks on Israeli civilians, or threats to perpetrate more massacres against Israelis, all based in a racist ideology that denies Jewish rights in Israel and seeks to eliminate the State of Israel. The accusations reveal a total lack of knowledge and understanding about the history of the conflict and about the Israel’s military objectives in this current round of fighting. Israel has stated that it is fighting against Hamas, not against the Palestinians of Gaza. Moreover, while Israel is taking great efforts to avoid civilian casualties, through warnings, calls to evacuate, evacuation corridors, etc., Hamas is doing everything in its power to increase the number of civilian casualties on the Palestinian side by cynically using Palestinian civilians as human shields. None of this is mentioned by the Committee members.
November 1, 2023, Committee on Rights of the Child: “The Committee on the Rights of the Child strongly condemns the escalation of attacks by Israel against civilian targets in the Gaza Strip, which had resulted in the deaths of more than 3,500 children since 7 October 2023. We also remain deeply concerned about children who continue to be held as hostages.
Despite the protection that should be provided to all children by international law, during the first month of this war, there have been devastating reports of acts that are forbidden by international humanitarian law, including maiming, injury, abduction, forcible displacement, deprivation of medical care, food, and water. According to article 38 of the Convention on the Rights of the Child, States have an obligation to respect and ensure respect for the rules of international humanitarian law, and
to take all feasible measures to ensure the protection and care of children affected by armed conflict.
The Committee calls for an end to the devastating harm being wreaked on children’s
lives in the occupied Palestinian Territory. We add our voice to those calling for an immediate ceasefire. We urge the immediate release of child hostages, with their caregivers, as a first urgent phase towards the release of all hostages. We call on all parties to protect all children and provide all the
necessary medical and protective support, including psychological support, to begin the long process of overcoming the consequences of these grave
violations. We plead that all humanitarian convoys be permitted to enter the Gaza Strip and provide humanitarian aid to all children in need, as required by international law.”
Analysis:
In this first statement, nearly one month after Hamas’ brutal October 7 assault on Israel, the UN Child Rights Committee “strongly condemns the escalation of attacks by Israel” but does not even mention Hamas. While it does later call for the release of hostages, this is part of a general call for a humanitarian ceasefire, increased humanitarian support to Gaza, and a plea to “all parties” to protect children. By focusing on the harm to Gaza from Israeli strikes and by failing to name Hamas or condemn Hamas atrocities, the Committee portrays Israel as the aggressor and Gaza as the victim, thereby completely denying Israel’s right and duty to act in self-defense. The Committee also omits any mention of continued Hamas rocket attacks and use of Gazans as human shields.
October 27, 2023, Committee on Elimination of Racial Discrimination: Alarmed by the scale of violence and the humanitarian catastrophe unfolding in the occupied Gaza Strip and fearing the prospects of a broader conflict, the UN Committee on the Elimination of Racial Discrimination (CERD) today urged Israel and other State parties to develop and implement an immediate and complete ceasefire, and provide all necessary financial and humanitarian aid to Palestinians in the occupied Gaza Strip.
The Committee also called on both Israel and the State of Palestine to firmly condemn and combat the spread of inflammatory racist hate speech, including by politicians and public figures.
In a statement adopted today under its early warning and urgent action procedures, the Committee condemned the attack of 7 October by Hamas and called upon Israel to fully respect its international obligations, particularly those under the International Convention on the Elimination of All Forms of Racial Discrimination, which Israel ratified in 1979.
The Committee urged the release of hostages taken by Hamas, as well as the release of Palestinians from the occupied West Bank and East Jerusalem and Palestinian citizens of Israel arbitrarily detained by Israel.
Analysis: On October 27, 2023, the Committee on Elimination of Racial Discrimination released a one-sided statement primarily criticizing Israel for its military response in Gaza. Seven out of the statements nine operative paragraphs are directed at Israel, with only being directed at the Palestinian Authority, and none at Hamas. Indeed, Hamas is mentioned only twice in the entire 3-page statement while Israel is mentioned 25 times. The one paragraph calling for the release of hostages is passive (“urges the release of hostages taken by Hamas”) and thus not directed at any specific party. Moreover, that paragraph also calls for the release of Palestinian security prisoners held by Israel. The statement creates a complete moral equivalence between Israel and Hamas by treating Hamas’s genocidal October 7th massacre the same as Israel’s counterattack in self-defense and by calling equally for the release of Israeli hostages held by Hamas who are mostly civilian and Palestinian security prisoners held by Israel due to their terror activities. CERD thus effectively denies the existence of Palestinian terrorism and Israel’s right to self-defense. Its lopsided statement also devotes three paragraphs to condemning “racist hate speech” by Israeli politicians, only one such paragraph for the Palestinian Authority, and none for Hamas even though Palestinian officials are notorious for inciting hatred and violence against Israelis and Jews. In its discussion on this, CERD also takes the statements of Israeli politicians out of context. For example, it claims that Israeli Defense Minister Yoav Gallant was referring to all Palestinians when he said “we are fighting against human animals” when in fact Gallant was referring to Hamas and its barbaric October 7th massacre. CERD’s statement also treats Israel as an occupying power in Gaza despite its 2005 withdrawal from the territory and calls for an “immediate and complete ceasefire” which would only give victory to the Hamas terrorist group and encourage more October 7th-style massacres.
November 20, 2023, Special Rapporteur on the rights of persons with disabilities Heba Hagrass:
A UN expert today reiterated growing calls for unconditional and unrestricted humanitarian aid access to the people with disabilities in the Gaza Strip.
“People with disabilities must not be “left behind” because their families and relief teams are unable to give them the necessary support,” Hagrass added.
She warned that the way military operations are being conducted has catastrophic consequences for all civilians, including people with disabilities, violates the UN Convention on the Rights of Persons with Disabilities -Article 11-, and goes against Security Council Resolution No. 2475 (2019) on protecting persons with disabilities during armed conflicts.
“Nothing is more urgent than an immediate ceasefire and end to hostilities by all parties, to ensure the protection and safety of civilians, including people with disabilities,” Hagrass said. The Special Rapporteur also underscored the need to ensure the unconditional release of all hostages and arbitrarily detained individuals, especially persons with disabilities.
Analysis: This statement expresses concern about the health and safety of persons with disabilities in Gaza. Therefore, although it is directed to “all parties,” the primary target is clearly Israel. Other than one sentence at the end calling for the “unconditional release of all hostages and arbitrarily detained individuals” there is no reference to the health and safety of Israelis with disabilities affected by this conflict. The statement does not condemn Hamas’ cruel murder of Israelis with disabilities on October 7th, or demand ICRC visits for Israeli hostages held by Hamas. It also falsely equates Israeli hostages with Palestinians serving time in Israeli prisons for involvement in terrorism.
November 20, 2023, Reem Alsalem, Special Rapporteur on violence against women and girls:
Women and children have disproportionately borne the brunt of the conflict in Israel and Gaza, a UN expert said today.
“While these atrocities affect both women and men, their impact is gendered and disproportionately affects women,” said Reem Alsalem, UN Special Rapporteur on violence against women and girls, its causes and consequences.
“Women and girls of all ages are among those held hostage and killed by Hamas, as well as those injured and killed by Israel’s indiscriminate bombardment of the Gaza Strip,” Alsalem said…
“Since 7 October, the assault on Palestinian women’s dignity and rights has taken on new and terrifying dimensions, as thousands have become victims of war crimes, crimes against humanity and an unfolding genocide,” the expert said. She noted that, as of 3 November, an estimated 67 per cent of those killed in Gaza were women and children. “Women killed in this conflict have come from all walks of life, and included journalists, medical staff, United Nations personnel and members of civil society organisations,” she said.
The Special Rapporteur expressed alarm at the genocidal and dehumanising rhetoric about the Palestinian people, including women and children, by top Israeli Government officials and public figures calling them “children of darkness”. Palestinians as a whole have reportedly been described “human animals” and calls have been made to inflict on them a second Nakba. “Such statements make the Israeli Government’s intention to destroy the Palestinian people, in whole or in part, absolutely and consistently clear,” she said.
“Israel’s continued assault on the reproductive rights of Palestinian women and their new-borns has been relentless and is particularly alarming,” Alsalem said…
Analysis: This first stand-alone statement by the SR on violence against women since October 7th is completely one-sided. It omits all mention of Hamas’ sexual crimes and atrocities against Israeli women, including use of rape as a weapon of war, torture, mutilation, and murder. Some of these crimes are likely ongoing as many of the hostages held by Hamas are women. Aside from one line referencing the fact that women were affected by Hamas’ barbaric attack, the statement exclusively concerns Israeli violations against Palestinian women in Gaza. It accuses Israel of committing genocide by “assaulting” “the reproductive rights of Palestinian women and their newborns,” referring to attacks on hospitals affecting health care for pregnant women and their newborns. At the same time, the statement ignores Hamas’ war crimes, which include embedding itself in the civilian infrastructure of Gaza, including hospitals, thereby putting the entire Palestinian civilian population at risk. One would have expected a UN expert on violence against women to condemn the terrorist group that uses rape as a weapon of war and then hides behind its own civilian women cynically using them as shields. Instead, she enables their crimes.
November 17, 2023, Special Rapporteur on human rights to safe drinking water and sanitation Pedro Arrojo Agudo: “Every hour that passes with Israel preventing the provision of safe drinking water in the Gaza strip, in brazen breach of international law, puts Gazans at risk of dying of thirst and diseases related to the lack of safe drinking water,” said Pedro Arrojo-Agudo, the UN Special Rapporteur on the human rights to safe drinking water and sanitation…”
I want to remind Israel that consciously preventing supplies needed for safe water from entering the Gaza Strip violates both international humanitarian and human rights law,” Arrojo-Agudo said. “The impact on public health and hygiene will be unimaginable and could result in more civilian deaths than the already colossal death toll from the bombardment of Gaza,” he said…“
Under Article 7 of the Rome Statute, intentionally depriving the civilian population of conditions of life, calculated to bring about their destruction, is an act of extermination and classified as a crime against humanity,” Arrojo-Agudo warned…
“The deaths of children from thirst and disease are less visible and more silent than those caused by bombs, but are equally or more lethal,” Arrojo-Agudo said, urging the international community to ensure Israel meets its obligations under international law. “The fate of Palestinians in Gaza is in Israel’s hands,” the expert said.
Analysis: The statement holds Israel alone responsible for the provision of safe drinking water and sanitation to Gaza. Furthermore, it accuses Israel of the crime against humanity of “extermination” under the ICC’s Rome Statute. This is accusation reflects a distortion of Israel’s legal obligations under international humanitarian law in the context of its armed conflict with Hamas. Moreover, it absolves Hamas of any responsibility for the situation and any humanitarian obligation to the population of Gaza. Hamas has provisions to sustain its military operations for months. Yet, Agudo does not demand that Hamas share its provisions with Gazan civilians. Agudo also does not demand that Hamas cease endangering Gaza civilians by using them as human shields or that it facilitate the creation of a safe zone for Gaza civilians. Agudo makes no demands of Hamas.
November 16, 2023, Statement by 36 Experts led by Palestine Rapporteur Francesca Albanese:
“Such egregious violations cannot be justified in the name of self-defense after attacks by Hamas on 7 October, which we have condemned in the strongest possible terms,” the experts said. “Israel remains the occupying power in the occupied Palestinian territory, which also includes the Gaza Strip, and therefore cannot wage a war against the population under its belligerent occupation,” they said. “In order to be legitimate, Israel’s response must be strictly within the framework of international humanitarian law,” the UN experts said. “The presence of underground tunnels in parts of Gaza does not eliminate the civilian status of individuals and infrastructure that cannot be directly targeted nor suffer disproportionately,” they said…
“We are deeply distressed at the failure of Israel to agree to – and the unwillingness of the international community to press more decisively for – an immediate ceasefire. The failure to urgently implement a ceasefire risks this situation spiralling towards a genocide conducted with 21st century means and methods of warfare,” the experts warned…
“That is why our early warning must not be ignored,” the experts said. “The international community has an obligation to prevent atrocity crimes, including genocide, and should immediately consider all diplomatic, political and economic measures to that end,” the experts said. They urged immediate action by UN Member States and the UN system as a whole. In the short-term, the experts reiterated their call to Israel and Hamas to implement an immediate ceasefire, and:
- Allow unimpeded delivery of desperately needed humanitarian aid to the people in Gaza;
- Ensure the unconditional, safe and secure release of the hostages taken by Hamas;
- Ensure that Palestinians arbitrarily detained by Israel are released immediately;
- Open humanitarian corridors toward the West Bank, east Jerusalem and Israel, especially for those that have been most affected by this war, the sick, persons with disabilities, older persons, pregnant women and children;
They also recommended:
- The deployment of an international protective presence in the occupied Palestinian territory under the supervision of the UN;
- Collaboration of all parties with the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, and the Prosecutor of the International Criminal Court on the investigation opened in March 2021, as well as crimes arising from the recent events, underlining that the crimes committed today are partly due to a lack of deterrence and continued impunity;
- Implement an arms embargo on all warring parties;
- Address the underlying causes of the conflict by ending the Israeli occupation of the Palestinian territory.
“The international community, including not only States but also non-State actors such as businesses, must do everything it can to immediately end the risk of genocide against the Palestinian people, and ultimately end Israeli apartheid and occupation of the Palestinian territory,” the experts said. “We remind Member States that what is at stake is not only the fate of Israelis and Palestinians, but a serious conflagration of the conflict in the region, leading to more human rights violations and suffering of innocent civilians,” they said.
Analysis: Statement by 36 UN experts led by UN Palestine Rapporteur Francesca Albanese accusing Israel of genocide against the Palestinians in Gaza and “waging a war” against the civilian population of Gaza. This is a complete distortion of Israel’s military campaign against Hamas which cynically uses Gaza civilians as human shields to maximize civilian casualties. It also distorts international humanitarian law which accepts civilian casualties as long as they are not disproportionate to the expected military advantage. The experts further deny Israel’s right to self-defense because it is an “occupying power.” Notably, Israel has not occupied Gaza since 2005. The statement considers Hamas and Israel to be morally equivalent. It views Palestinian prisoners, jailed for involvement in terrorism, the same as Israeli hostages, which include women, children, and elderly, calling for both to be released. The experts call for economic sanctions against Israel (BDS), an arms embargo, and international war crimes investigations. The statement also determines that the Israeli occupation is the root cause of this conflict even though Hamas has clearly proclaimed its goal is not to end the occupation, but to eliminate the state of Israel. By placing all the blame on Israel and by ignoring Palestinian rejectionism and Hamas terrorism, these experts absolve the Palestinians of responsibility for their current situation and enable Hamas’ terrorism.
UN Special Rapporteur on Palestine Francesca Albanese (includes joint statements with other UN Human Rights Experts)
UN experts today expressed outrage against the deadly strike at Al Ahli Arab Hospital in Gaza City, which killed more than 470 civilians on Tuesday (17) and trapped hundreds under the rubble. The strike reportedly followed two warnings issued by Israel that an attack on the hospital was imminent if people inside were not evacuated.
“The strike against Al Ahli Arab Hospital is an atrocity. We are equally outraged by the deadly strike on the same day on an UNRWA school located in Al Maghazi refugee camp that sheltered some 4000 displaced people, as well as two densely populated refugee camps,” the experts said…
“We are sounding the alarm: There is an ongoing campaign by Israel resulting in crimes against humanity in Gaza. Considering statements made by Israeli political leaders and their allies, accompanied by military action in Gaza and escalation of arrests and killing in the West Bank, there is also a risk of genocide against the Palestinian People,” the experts said.
“There are no justifications or exceptions for such crimes. We are appalled by the inaction of the international community in the face of belligerent war-mongering,” the experts said.
“The Gazan population, half of whom are children, have already suffered many decades of unlawful brutal occupation and lived under the blockade for 16 years,” the experts said.
“It is time to immediately cease fire and ensure urgent and unimpeded access to essential humanitarian supplies, including food, water, shelter, medicine, fuel and electricity. The physical safety of the civilian population must be guaranteed,” the experts said.
“The occupation needs to end and there must be reparation, restitution and reconstruction, towards full justice for Palestinians,” they said.
Analysis: This October 19th statement by eight UN human rights experts, including Palestine expert Francesca Albanese, outrageously blames Israel for the strike on the Al Ali Ahrab hospital even though by the time the statement was issued it had already been confirmed that the Palestinian Islamic Jihad terror group was responsible for that incident. The statement inverts facts and misleads by completely ignoring Hamas’s genocidal goal of eliminating the State of Israel and Israel’s need for self-defense, as it accuses Israel of a “campaign…resulting in crimes against humanity in Gaza” and “genocide against the Palestinian people.” The statement does not mention Hamas or its crimes against Israelis and Gazans. It also does not mention terrorism and refuses to acknowledge Israel’s security needs. By calling for an “immediate ceasefire,” the UN experts ultimately enable genocidal Hamas terrorism against Israelis because the result of a ceasefire now would be leaving Hamas intact to perpetrate more atrocities against Israelis. Moreover, tying this to ending the occupation completely misses the point and implies that Hamas’s barbaric October 7th massacre was somehow justified in the name of resistance. Hamas itself admits that its goal is not to end the occupation but to end the State of Israel. It is shameful that so-called impartial UN experts twist facts to whitewash genocidal terrorism and blame the victim.
A UN human rights expert warned today that Palestinians are in grave danger of mass ethnic cleansing and called on the international community to urgently mediate a ceasefire between warring Hamas and Israeli occupation forces.
“The situation in the occupied Palestinian territory and Israel has reached fever pitch,” said Francesca Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967.
“The United Nations and its Member States must intensify efforts to mediate an immediate ceasefire between the parties, before we reach a point of no return,” said Albanese. “The international community has the responsibility to prevent and protect populations from atrocity crimes. Accountability for international crimes committed by Israeli occupation forces and Hamas must also be immediately pursued,” she said.
“There is a grave danger that what we are witnessing may be a repeat of the 1948 Nakba, and the 1967 Naksa, yet on a larger scale. The international community must do everything to stop this from happening again,” the UN expert said.
“Israel has already carried out mass ethnic cleansing of Palestinians under the fog of war,” the expert said. “Again, in the name of self-defence, Israel is seeking to justify what would amount to ethnic cleansing.
“Any continued military operations by Israel have gone well beyond the limits of international law. The international community must stop these egregious violations of international law now, before tragic history is repeated. Time is of the essence. Palestinians and Israelis both deserve to live in peace, equality of rights, dignity and freedom,” Albanese said.
Analysis: UN Palestine Rapporteur Francesca Albanese adopts the Palestinian Nakba narrative which considers the creation of Israel to be a catastrophe and effectively denies its right to exist. She makes sweeping accusations against Israel of “atrocity crimes,” “genocide,” and “mass ethnic cleansing” while giving a free pass to Hamas for any culpability. Albanese whitewashes Hamas by never using the words Hamas or terrorism. Likewise, the statement ignores Hamas’s brutal terrorist assault on Israeli civilians, the purpose of which was to completely wipe them out – an act of genocide and the worst assault on Jews in a single day since the Holocaust. She also completely ignores Israel’s right and need for self defense.
UN independent experts today unequivocally condemned targeted and deadly violence directed at civilians in Israel and violent and indiscriminate attacks against Palestinian civilians in Gaza and a further tightening of the unlawful blockade, which will have devastating impacts on the whole civilian population.
“We strongly condemn the horrific crimes committed by Hamas, the deliberate and widespread killing and hostage-taking of innocent civilians, including older persons and children. These actions constitute heinous violations of international law and international crimes, for which there must be urgent accountability.
We also strongly condemn Israel’s indiscriminate military attacks against the already exhausted Palestinian people of Gaza, comprising over 2.3 million people, nearly half of whom are children. They have lived under unlawful blockade for 16 years, and already gone through five major brutal wars, which remain unaccounted for.
This amounts to collective punishment. There is no justification for violence that indiscriminately targets innocent civilians, whether by Hamas or Israeli forces. This is absolutely prohibited under international law and amounts to a war crime.
Taking hostages in the context of hostilities constitutes a war crime. The civilians taken by Hamas must be immediately released, pending which their fate and whereabouts must be disclosed. Indiscriminately killing civilians in the context of hostilities, with no regard for the principles of distinction, precaution and proportionality, is a war crime.“
Analysis: Although she tweeted an initial response (below), UN Palestine expert Francesca Albanese waited five days to release an official statement, which was a joint statement with several other UN Experts. The statement creates a complete moral equivalency between Israel and the terrorist Hamas (which is never referred to as a terrorist organization), making sure to include condemnations of Israel for each condemnation of Hamas, using equally harsh language for both and suggesting that Israel’s missile strikes in Gaza intentionally target civilians. There is no mention of Hamas use of human shields. The statement legitimizes Hamas’s barbaric Saturday morning massacre of civilians by including Hamas’s stated justification for the attack without a clear statement that can be no justification for massacring civilians. Furthermore, it blames the victim, Israel, for the horrible events, by reminding “the international community of its responsibilities to address the root causes of the current conflict, including the 56-year-old occupation and the annexation pursued by Israel.” The reference to “the f6-year-old occupation” is also misleading in that it makes it seem like Hamas’s barbaric assault have something to do with the occupation. In fact, Hamas has admitted that its goal is not to end the occupation, but to end the state of Israel. Finally, the statement fails to acknowledge Israel’s right to self-defense.
(Tweet Thread)
1. As yet another spiral of death & destruction unfolds, I unequivocally condemn attacks on civilians. Whoever launches them (Pal armed groups or Isr occupation forces) commits crimes that must be accounted for. My heart goes out to all Israeli & Palestinian families affected.
2. Today’s violence must be put in context. Almost six decades of hostile military rule over an entire civilian population (incomprehensibly ignored by too many official statements & media outlets) are in themselves an aggression, and the recipe for more insecurity for all.
3. Pal, Isr & int’l human rights orgs have repeatedly warned states that security is only achievable by realizing equal rights of all to live in dignity & freedom, & peace can only be achieved through int’l legality. Law, not war, can prevent cyclical reproduction of injustice.
Analysis: Albanese generally condemned all “attacks on civilians” without mentioning Hamas or commenting on its horrific massacre of Israeli civilians. Instead, Francesca Albanese took the opportunity to blame Israel, saying that the violence must be “put in context” of “almost six decades of hostile military rule…” There is no mention of Israel’s right to security and self-defense or of Hamas’s flagrant international law violations.
UN Expert on the Right to Adequate Housing Balakrishnan Rajagopal
November 8, 2023:“Carrying out hostilities with the knowledge that they will systematically destroy and damage civilian housing and infrastructure, rendering an entire city – such as Gaza city – uninhabitable for civilians is a war crime,” said Balakrishnan Rajagopal, the UN Special rapporteur on the right to adequate housing.
The expert said systematic or widespread bombardment of housing, civilian objects and infrastructure are strictly prohibited by international humanitarian law, criminal law and human rights law. “Such acts amount to war
crimes and when directed against a civilian population, they also amount to crimes against humanity,” Rajagopal said…
“Apartment buildings are not military objects. Hospitals and ambulances are not military objects. Refugee camps are not military objects. Schools are not military objects. Churches or mosques are not military objects. Water and electricity infrastructure for civilians are not military objects,” Rajagopal said.
“Civilian housing in Israel is also not a military object – launching indiscriminate rocket attacks on them from Gaza or elsewhere is a war crime,” he warned.
Even when civilian housing may be used by combatants to take shelter, as alleged in the attacks on the Jabalia refugee camp, launching attacks on entire apartment blocks is prohibited if they will lead to disproportionate damage, death and displacement of a large number of civilians, the UN expert warned.
“No asserted right of self-defence under international law can cover such attacks,” he said. “This is particularly the case when the right of self-defence is asserted in the context of an occupation.”
Ordering the evacuation of more than 1 million people from northern Gaza into southern Gaza, knowing that it will be impossible to provide
adequate housing and humanitarian aid, while maintaining a blockade, cutting off water, food, fuel and medicine and repeatedly attacking evacuation routes and “safe zones” were a cruel and blatant violation of international humanitarian law, Rajagopal said. “These actions by Israel constitute
international crimes.”
The call for a ceasefire in the recent UN General Assembly resolution must be followed by concrete measures to leverage parties to the conflict to abide by it, the Special Rapporteur said.
“The international community must consider the precedent set in the 1970s when measures to end apartheid in South Africa were taken by the General Assembly by unseating the South African delegation owing to widespread and systematic violations of human rights, which are inconsistent with the
purposes and principles of the UN Charter,” he said.
“There can be no peace without justice,” Rajagopal said, urging the International Criminal Court to investigate alleged international crimes in Israel and the occupied Palestinian Territory without delay or bias, and hold those responsible for war crimes, crimes against humanity and apartheid,
accountable. “All State parties to the Rome Statute must support efforts by the Court,” he said.
Analysis: This one-sided statement by the Special Rapporteur on housing omits any reference to Hamas, or its October 7 massacre and hostage-taking. It accuses Israel of war crimes and crimes against humanity, equates Israel to apartheid South Africa and calls on the UNGA to treat it the same, i.e., “unseat” Israel, and urges the ICC to investigate.
The statement considers Israel to be the occupying power in Gaza even though it withdrew from the territory in 2005, and effectively denies Israel’s right to
self-defense. Rajagopal distorts facts in a way that gives Hamas a free pass
and enables its terrorism. For example, the statement ignores Hamas’ use of
civilians and civilian structures as “human shields” suggesting Hamas uses civilian
housing only to “take shelter” and not to carry out attacks. It accuses Israel
of attacking evacuation routes, when Hamas has attacked the evacuation routes
and Israel has facilitated evacuations by creating humanitarian corridors for
evacuation.
UN Expert on Independence of Judges Margaret Satterthwaite and UN Expert on Human Rights While Countering Terrorism Fionnuala Ni Aolain
UN experts today called on all lawyers advising the Israeli military to refuse legal authorisation for acts that may amount to war crimes in retaliation for the Hamas attacks on Israel.
“We unequivocally condemn the massacres of civilians and hostage-taking by Hamas and other Palestinian armed groups in Israel,” the experts said. “Those acts, committed against civilians, were atrocities.”
“Israel has launched a barrage of deadly airstrikes into densely populated civilian areas in the Gaza strip, destroying or damaging homes, hospitals, markets, and UN Reliefs and Works Agency (UNRWA) buildings,” the experts said.
“As Israel responds to Hamas and conducts operations in Gaza, all lawyers advising the military must identify and seek to prevent actions that may amount to war crimes. They have a professional duty to deny legal authorisation for criminal acts,” the experts said.
Analysis: While this statement condemns the October 7th Hamas massacre and hostage-taking of Israelis, it does so only to make its accusation that Israel is committing war crimes seem more reasonable. By calling on Israeli military lawyers to refuse to authorize actions “that may amount to war crimes,” the statement presumes that Israel is committing war crimes. Israeli military lawyers receive extensive training in the laws of war and the application of those laws to the situation on the ground. They also have access to classified material – which these authors do not have – enabling them to make the necessary legal calls. It is shocking that after Hamas deliberately massacred more than a thousand men, women and children, torturing and raping young and old, decapitating babies, burning people alive, these experts issued a statement on the laws of war that targets Israel, and not Hamas. They also have not issued a statement calling on Hamas to refrain from committing war crimes. If these experts were truly independent and impartial, they would be demanding that Hamas stop its war crimes, including using Gaza civilians as human shields and indiscriminate attacks on Israeli civilians.
UN Expert on Internally Displaced Persons Paula Gaviria Betancur
October 13, 2023: “Forcible population transfers constitute a crime against humanity, and collective punishment is prohibited under international humanitarian law,” said Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons.
“We are horrified at the prospect of an additional 1 million Palestinians joining the over 423,000 people already forcibly driven from their homes by the violence over the past week,” she said.
“I would like to remind Israel that observance of international law is compulsory, not optional, during any conflict,” the expert said.
“To that end, I call for the strict respect of international humanitarian law and its provisions, including unrestricted humanitarian access to those in need, the cessation of indiscriminate attacks against civilians, and an end to forced displacement of populations and blockade,” she said.
Analysis: This statement is highly critical of Israel’s counterstrikes in Gaza and the effects on Gaza’s civilians. It is directed only at Israel, does not mention Hamas’s barbaric terrorist assault on Israeli civilians, Israel’s right to self-defense, or Hamas’s responsibility for the plight of Gazans.
UN Expert on Highest Attainable Physical and Mental Health Tlaleng Mofokeng
“All parties to the conflict and their international partners must ensure swift and unimpeded access to essential humanitarian supplies, including food, water and medicine, fuel, and electricity,” said Tlaleng Mofokeng, the UN Special Rapporteur on the right to health. “Gaza’s medical infrastructure has been irreparably damaged and healthcare providers are working in a dire situation with limited access to medical supplies and conditions that do not allow them to provide timely and quality healthcare,” Mofokeng said.
Mofokeng said that Israel was preventing the entry of essential supplies into Gaza, including food, water, fuel, medicines, medical disposables and equipment. “The Gaza Strip is experiencing continuous bombardment and massive devastation,” she said. “The health sector in the enclave is at a breaking point.”
“The Palestinian people have been displaced for more than 75 years. The occupied Palestinian territory has been under military occupation for more than 56 years – an occupation entailing a lack of accountability, ongoing displacement and demolition, movement restrictions, and systematic racial discrimination,” she said.
“Steps to realising the right to self-determination of Palestinians is linked to their dignity and sovereignty,” Mofokeng said. “You cannot extinguish the human desire for freedom.”
Analysis: The statement by Tlaleng Mofokeng is highly critical of Israeli air strikes on Gaza and Israel’s siege of Gaza, particularly the impact on health care. While it does contain one sentence calling on “all parties” to ensure entry of humanitarian supplies to Gaza, in reality it is directed only at Israel. The statement does not criticize Hamas for attacking the Erez and Kerem Shalom crossings into Gaza on October 7th and killing the Israeli soldiers who operated those crossings, or for stealing humanitarian aid for Gazans for Hamas’s own use. It also does not condemn Hamas’s cynical use of Gaza civilians as human shields, including by operating in close proximity to medical facilities and instructing Gazans not to evacuate dangerous areas. Hamas not mentioned once. This statement by the UN expert on physical and mental health also fails to address the dire situation of the more than 200 Israeli hostages being held by Hamas and other terrorist groups in Gaza, or the impact on the physical and mental health of Israelis of Hamas’s barbaric slaughter of Israeli civilians on October 7th. Instead, Mofokeng takes the opportunity to blame the Israeli occupation and lack of Palestinian self-determination for everything that is happening. Aside from the fact that this is factually inaccurate because Israel has not occupied Gaza since 2005, by blaming the “occupation,” Mofokeng gives brutal Hamas terrorism a free pass.
October 26, 2023, UNGA Resolution: “Expressing grave concern at the latest escalation of violence since the 7 October 2023 attack and the grave deterioration of the situation in the region…; Condemning all acts of violence aimed at Palestinian and Israeli civilians, including all acts of terrorism and indiscriminate attacks, as well as all acts of provocation, incitement and destruction.; Calls for an immediate, durable and sustained humanitarian truce leading to a cessation of hostilities.; Demands that all parties immediately and fully comply with their obligations under international law…; Also demands the immediate, continuous, sufficient and unhindered provision of essential goods and services to civilians throughout the Gaza Strip…; Also calls for the rescinding of the order by Israel, the occupying Power, for Palestinian civilians and United Nations staff, as well as humanitarian and medical workers, to evacuate all areas in the Gaza Strip north of the Wadi Gaza and relocate to southern Gaza…; Firmly rejects any attempts at the forced transfer of the Palestinian civilian population.; Calls for the immediate and unconditional release of all civilians who are being illegally held captive, demanding their safety, well-being and humane treatment in compliance with international law.; Also calls for respect and protection, consistent with international humanitarian law, of all civilian and humanitarian facilities, including hospitals and other medical facilities…; Also stresses the need to urgently establish a mechanism to ensure the protection of the Palestinian civilian population…”
Analysis: This one-sided resolution, adopted as part of the General Assembly’s Tenth Emergency Special Session on Israel, is concerned about Palestinian rights only. Other than one line calling for the release of captives, there is no mention of any right by Israel or its citizens to basic security and self-defense. This resolution fails to expressly condemn Hamas’ atrocities committed on October 7, and instead expresses concern about the ensuing “escalation of violence.” While it generally condemns “all acts of violence” and calls for the release of captives, it does not mention Hamas by name or hold Hamas accountable for any of its violations against Israelis or Palestinians. At the same time, the resolution expressly criticizes Israel’s response, particularly its order for Gazan civilians to evacuate to the South, which the resolution considers “forced transfer of the Palestinian civilian population.” By criticizing Israel’s efforts to comply with international law and protect Gaza civilians, including through its evacuation order, failing to condemn Hamas’ use of civilians as human shields, and demanding an immediate humanitarian ceasefire which would enable Hamas to regroup and preserve its own supplies, the resolution ties Israel’s hands and enables further Hamas terrorism.
October 9, 2023, UNGA President: “I am deeply concerned over the deteriorating security situation in the Middle East. Violence is a path that has proven to lead only to more bloodshed, more conflict, and more tragedy. I call for an immediate cessation of violence, for all parties to exercise maximum restraint, and for all stakeholders to engage in diplomatic discussions to de-escalate the situation, to protect civilians, and to chart a path to a two-state solution that offers peace, progress, and prosperity for all parties.”
Analysis: By calling for an “immediate cessation of violence” and for “all parties to exercise maximum restraint,” the UNGA President here continues to morally equate the sovereign State of Israel with the Hamas terrorist group. It also ignores Israel’s right and duty to defend its citizens by defeating Hamas militarily.
October 7, 2023, UNGA President: “I strongly condemn the attack by Hamas militants against Israel, which killed & injured hundreds of innocent civilians. My deepest condolences to the families & relatives of the victims. I urge all parties to refrain from further violence & to seek an immediate path to peace.”
Analysis: The statement contains a strong and clear condemnation of the attack, but sanitizes Hamas terrorists by calling them “militants.” It also fails to unequivocally affirm Israel’s right to self-defense and instead calls on “all parties to refrain from further violence,” which creates a false moral equivalence between Israel and Hamas.
November 16, 2023, Principals of The Inter-Agency Standing Committee: “As humanitarian leaders, our position is clear: We will not participate in the establishment of any ”safe zone” in Gaza that is set up without the agreement of all the parties, and unless fundamental conditions are in place to ensure safety and other essential needs are met and a mechanism is in place to supervise its implementation. Under the prevalent conditions, proposals to unilaterally create “safe zones” in Gaza risk creating harm for civilians, including large-scale loss of life, and must be rejected…
A “safe zone” is a temporary area that aims to keep civilians safe, protected, and spared from hostilities. The following conditions must be in place for all displaced people in a “safe zone”:
• The agreement of the parties to refrain from hostilities in and around the zone and to respect its civilian character.
• Provision of the essentials for survival, including food, water, shelter, hygiene, health assistance, and safety.
• Allowing displaced people to move freely and voluntarily return to their residences as soon as possible.
Failure to meet these basic conditions may constitute a breach of international humanitarian and human rights law.
We also renew our call for a humanitarian ceasefire to ease the suffering and to help facilitate humanitarian operations, and the release of all hostages.”
Analysis: This statement rejects Israel’s efforts to avoid harming Gaza civilians by evacuating them to safe zones, claiming that a “safe zone” can only set up with agreement of “all parties,” which here includes Hamas. Requiring Hamas’ agreement is counterintuitive, particularly since Hamas’ employs as a military tactic the use of Gazan civilians as human shields and has actively obstructed their evacuation from the North. Humanitarian actors should welcome Israel’s efforts to protect Gaza civilians and facilitate and cooperate with that protection. They should be condemning Hamas instead of criticizing Israel.
November 12, 2023, Joint Statement by the Regional Directors of UNFPA, UNICEF, and WHO: “The regional directors of UNFPA, UNICEF and WHO call for urgent international action to end the ongoing attacks on hospitals in Gaza. We are horrified at the latest reports of attacks on and in the vicinity of Al-Shifa Hospital, Al-Rantissi Naser Paediatric Hospital, Al-Quds Hospital, and others in Gaza city and northern Gaza, killing many, including children. Intense hostilities surrounding several hospitals in northern Gaza are preventing safe access for health staff, the injured, and other patients… Over the past 36 days, WHO has recorded at least 137 attacks on health care in Gaza, resulting in 521 deaths and 686 injuries, including 16 deaths and 38 injuries of health workers on duty. Attacks on medical facilities and civilians are unacceptable and are a violation of International Humanitarian and Human Rights Law and Conventions. They cannot be condoned. The right to seek medical assistance, especially in times of crisis, should never be denied.”
Analysis: This statement condemns attacks on Gaza hospitals without naming any perpetrators. By omitting any mention of Hamas’ well-publicized use of Gazan hospitals to shield its military operations in violation of the laws of war, this statement necessarily implies that the attacking party, Israel, is responsible for any harm and enables Hamas’ violations. The statement also fails to mention all of Israel’s efforts to secure safety and healthcare for Gazans, including by facilitating evacuations, delivering fuel to the Al Shifa hospital, and facilitating the establishment of alternative healthcare facilities in other parts of Gaza.
November 8, 2023, Joint Statement by UNRWA Commissioner-General Philippe Lazzarini and WHO Director-General Dr. Tedros Adhanom Gheybreyesus: “Al-Shifa Hospital has traditionally been the most important health facility in Gaza. Its doctors, nurses and other workers have responded heroically to the current desperate situation. But they need more support. The northern areas of Gaza cannot and should not be isolated nor deprived of the delivery of humanitarian assistance. Patients there cannot be denied the health care to which they are entitled and urgently need. Aid should reach the whole of Gaza. Medical facilities are running out of supplies and fuel. So far, no fuel has been allowed into the Gaza Strip, including to Al-Shifa hospital for over one month now.
UNRWA and WHO renew their urgent call for the delivery of fuel to humanitarian agencies in the Gaza Strip. Without fuel, hospitals and other essential facilities such as desalination plants and bakeries cannot operate, and more people will most certainly die as a result.
The ability of hospitals and medical facilities to operate is paramount especially during conflicts. In line with international humanitarian law, we call for the protection of all medical facilities, personnel, patients and the wounded, for the sustained flow of humanitarian supplies and fuel at scale, and for safe and unimpeded access to deliver the supplies to health facilities wherever they are across the Gaza Strip. We also call for the medical evacuation of critically injured and sick patients.”
Analysis: The statement calls for “the protection of all medical facilities.” Any statement calling for protection of medical facilities in Gaza should expressly condemn Hamas’ cynical use of those facilities to shield its military operations. It is widely known that Hamas has its main headquarters under Al-Shifa hospital. The failure to condemn Hamas only enables its violations.
November 5, 2023, Joint Statement with 18 UN officials and NGOs: For almost a month, the world has been watching the unfolding situation in Israel and the Occupied Palestinian Territory in shock and horror at the spiraling numbers of lives lost and torn apart. In Israel, some 1,400 people have been killed and thousands have been injured, according to the Israeli authorities. More than 200 people, including children, have been taken hostage. Rockets continue to traumatize families. Tens of thousands of people have been displaced. This is horrific. However, the horrific killings of even more civilians in Gaza is an outrage, as is cutting off 2.2 million Palestinians from food, water, medicine, electricity and fuel… In Gaza, according to the Ministry of Health, nearly 9,500 people have been killed, including 3,900 children and over 2,400 women. More than 23,000 injured people require immediate treatment within overstretched hospitals. An entire population is besieged and under attack, denied access to the essentials for survival, bombed in their homes, shelters, hospitals and places of worship. This is unacceptable…
We renew our plea for the parties to respect all their obligations under international humanitarian and human rights law. We renew our call for the immediate and unconditional release of all civilians held hostage. Civilians and the infrastructure they rely on – including hospitals, shelters and schools – must be protected. More aid – food, water, medicine and of course fuel – must enter Gaza safely, swiftly and at the scale needed, and must reach people in need, especially women and children, wherever they are. We need an immediate humanitarian ceasefire. It’s been 30 days. Enough is enough. This must stop now.
Analysis: Like the statements by individual officials, this joint statement creates a moral equivalence between the sides, ignores Israel’s security needs, and gives a free pass to Hamas. The statement ends with a general plea to end the hostilities – “It’s been 30 days. Enough is enough. This must stop now.” However, this completely disregards Hamas’ continued aggression and threats against the State of Israel. Ending the hostilities now would not result in long-term quiet. It would only ensure the continuation of Hamas and future October7-style massacres.
November 3, 2023, Joint Statement by UNRWA, UNICEF, UNFPA: Women, children and newborns in Gaza are disproportionately bearing the burden of the escalation of hostilities in the occupied Palestinian territory, both as casualties and in reduced access to health services, warn the United Nations Children’s Fund (UNICEF), the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), the United Nations sexual and reproductive health agency (UNFPA), and the World Health Organization (WHO).
As of 3 November, according to Ministry of Health data, 2,326 women and 3,760 children have been killed in the Gaza strip, representing 67 per cent of all casualties, while thousands more have been injured. This means that 420 children are killed or injured every day, some of them only a few months old.
The bombardments, damaged or non-functioning health facilities, massive levels of displacement, collapsing water and electricity supplies as well as restricted access to food and medicines, are severely disrupting maternal, newborn, and child health services…
An immediate humanitarian pause is needed to alleviate the suffering and prevent a desperate situation from becoming catastrophic. All parties to the conflict must abide by their obligations under international humanitarian law to protect civilians and civilian infrastructure including health care. All civilians, including the hostages currently held in Gaza, have the right to health care. All hostages must be released without delay or conditions. In particular, all parties must protect children from harm and afford them the special protection to which they are entitled under international humanitarian and human rights laws.
Analysis: This joint statement continues the trend of creating a moral equivalence between Israel and Hamas by calling on “all parties” to abide by their obligations to protect civilians and civilian infrastructure without expressly condemning Hamas’ use of civilians as human shields or noting Israel’s efforts to minimize harm to civilians. It relies on Hamas Health Ministry figures without explaining that this data comes from Hamas, cannot be verified, and does no indicate how many of those killed and injured are combatants. This is relevant because Hamas is known to recruit and use child soldiers under the age of 18. Although the statement focuses on the impact of Israel’s bombings in Gaza, it does also call for release of Israeli hostages.