Israeli forces have perpetrated atrocity crimes in Gaza and the Occupied West Bank, including possible war crimes, crimes against humanity, ethnic cleansing and genocide. Hamas and other Palestinian armed groups have also perpetrated likely atrocity crimes. 

BACKGROUND:

Over the course of fifteen months Israel launched relentless bombardments from air, land and sea, as well as imposed a complete siege on Gaza, in response to a deadly assault by Hamas and other Palestinian armed groups into Israel on 7 October 2023. Israel killed over 47,000 Palestinians, approximately 70 percent of whom are women and children, and injured over 111,000. An estimated 14,000 more individuals are likely missing or buried under rubble of destroyed buildings. Nearly 70 percent of civilian infrastructure across the Gaza Strip has been damaged or destroyed. The UN Independent International Commission of Inquiry (CoI) on the Occupied Palestinian Territory (OPT), including East Jerusalem, and Israel determined that Israel has committed war crimes and crimes against humanity during its military operations and attacks in Gaza, including starvation as a method of warfare, intentionally directing attacks against civilians and civilian objects, sexual violence, torture, forcible transfer, deliberate attacks on medical personnel and facilities and others. 

On 19 January 2025 a ceasefire agreement between Hamas and Israel came into effect in Gaza. The ceasefire agreement – brokered by the United States (US), Egypt and Qatar – consists of three phases. Across the phases, a sequenced set of measures would lead to a surge in humanitarian aid, the exchange of all hostages in Gaza for Palestinian prisoners and detainees, the withdrawal of Israeli forces from Gaza, the return of displaced Palestinians to what is left of their homes and, ultimately, a permanent cessation of hostilities and the recovery and reconstruction of Gaza. 

The UN Special Rapporteur on the situation of human rights in the OPT has concluded that since 7 October 2023 Israel has committed at least three of the constitutive acts of genocide in Gaza, and that statements made by high-level Israeli military and government officials are evidence of genocidal intent. In response to the case brought by South Africa against Israel for allegations of genocide against the Palestinian people, since January 2024 the International Court of Justice (ICJ) has issued three binding sets of provisional measures that list urgent measures the Israeli authorities must take to prevent genocide and allow necessary aid to enter Gaza. Israel has consistently defied these provisional measures orders and its obligations as an occupying power under International Humanitarian Law (IHL). The UN Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories also determined that Israel’s warfare in Gaza is consistent with the characteristics of genocide. 

On 21 November 2024 the International Criminal Court (ICC) issued arrest warrants for two Israeli government officials – including Prime Minister Benjamin Netanyahu – and a Hamas official. The ICC judges determined that there are reasonable grounds to believe that these senior Israeli leaders and Hamas official bear responsibility for war crimes and crimes against humanity.

During their assault on 7 October 2023, Hamas and other Palestinian armed groups attacked civilian areas in Israel and perpetrated flagrant violations of international law, including capturing and forcibly taking hundreds of civilians as hostages. At least 1,200 Israelis were killed and over 5,400 injured. The CoI found that members of Hamas and other Palestinian armed groups committed war crimes, including deliberately killing, injuring and mistreating civilians and taking hostages. The CoI identified patterns indicative of sexual violence, including sexual desecration of corpses and using women and women’s bodies as “victory trophies.”

Palestinian territory – encompassing the Gaza Strip and West Bank, including East Jerusalem – has been occupied by Israel since 1967. The UN Special Rapporteur has determined that Israel has imposed a system of racial oppression and discrimination that satisfies the prevailing evidentiary standard for the crime of apartheid, a crime against humanity. On 19 July 2024 the ICJ issued an advisory opinion – endorsed overwhelmingly by a subsequent UNGA resolution – detailing that Israel’s continued presence in the OPT is unlawful, asserting Israel must end its presence as rapidly as possible, immediately cease all new settlement activities and evacuate all settlers.

Since 7 October 2023 existing patterns of violence in the Occupied West Bank have escalated, including settler attacks, resulting in hundreds of Palestinian fatalities and injuries, as well as damage to Palestinian property. The Office of the UN High Commissioner for Human Rights (OHCHR) reported that settlers carrying out these attacks are, at times, acting with the acquiescence and collaboration of Israeli forces and authorities. At least 25 Israelis, including members of the Israeli forces and 828 Palestinians have been killed. According to a group of UN experts, in 2023 Israel seized more Palestinian land than in any year in the past 30 years. There has also been a sharp increase in unnecessary and disproportionate force by Israeli forces, including airstrikes, violent military tactics during search-and-arrest operations and incursions by armored personnel carriers and bulldozers sent to refugee camps. OHCHR has reported a significant increase in extrajudicial executions, mass detentions and enforced disappearances – with thousands held in detention in deplorable conditions without charge or trial – as well as sexual violence and ill-treatment, including waterboarding, that may amount to torture against Palestinian detainees.

RECENT DEVELOPMENTS:

Since 21 January Israel has launched a large-scale military operation in the northern Occupied West Bank, with a marked escalation during February following the deployment of tanks for the first time in over two decades. The ongoing assault has killed over 50 Palestinians, leveled dozens of residential buildings, damaged critical infrastructure and forcibly displaced over 40,000 Palestinians, marking the largest wave of forced displacement in the Occupied West Bank since 1967.

On 30 January legislation passed by the Israeli parliament to effectively dismantle the work of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in territories under Israeli control came into effect. Despite the ban, and the closure of several of its facilities in the Occupied West Bank, UNRWA has continued its operations across the OPT. 

On 2 March, in an attempt to pressure Hamas to change the terms of the ceasefire agreement, Israel reinstated a total siege of Gaza, closing border crossings and blocking the entry of all goods and supplies. On 9 March Israel halted electricity supply to Gaza.

ANALYSIS:

While the ceasefire agreement provides long-awaited relief to Palestinians in Gaza and families of hostages, atrocity risks remain until a permanent cessation of hostilities is achieved, the root causes of violence are addressed and a sustainable political solution is realized. Israel’s ongoing military assault on the Occupied West Bank – resembling its conduct in Gaza – has heightened the risk of further atrocity crimes against Palestinians, as well as the collapse of the already fragile ceasefire in Gaza. Both sides have already threatened to withdraw from the ceasefire due to actual and alleged violations of the agreement.

For fifteen months Israel subjected Palestinians in Gaza to genocidal acts, including killings, causing serious bodily or mental harm and deliberately inflicting conditions of life calculated to bring about their destruction. The rhetoric of Israeli authorities, coupled with the conduct in Gaza have reflected, beyond military objectives, an accompanying intent to destroy a substantial part of the Palestinian population.

The mass displacement of Palestinians in Gaza likely amounts to the war crime and crime against humanity of forcible transfer. 

While Israel has imposed an air, sea and land blockade of Gaza since 2007, the latest siege likely amounts to intentional starvation of civilians as a method of warfare – a war crime – and may amount to a crime against humanity. 

During their attack on Israel, Hamas and other Palestinian armed groups perpetrated likely war crimes, as well as potential crimes against humanity. Hamas’ indiscriminate rocket attacks are also in violation of international law. Hamas’ security forces have also committed grave abuses against Palestinians in Gaza, including arbitrary arrests, summary executions and torture.

Under the Fourth Geneva Convention, an occupying power is prohibited from transferring parts of its civilian population into occupied territory, also known as “settler implantation.” Seizures and demolitions of Palestinian and Bedouin land and property leave communities at risk of forced evictions, arbitrary displacement and forcible transfer. Israel’s permanent occupation endangers the cultural existence of the Palestinian people and violates their right to self-determination. 

The international community has largely struggled to speak out resolutely in defense of international law and the protection of civilians, amplifying the risk of further atrocities. Since 7 October the UN Security Council (UNSC) has voted multiple times on draft resolutions, with many failing to pass due to insufficient votes or vetoes cast by Permanent Members, including the US and Russia. The US has a long history of using its veto to protect Israel.

RISK ASSESSMENT:

• • Fragile ceasefire risking a return to bombardments, ground offensives and siege tactics.
  • Enabling conditions for crimes of forced displacement and forcible transfer, increasing risks of ethnic cleansing and genocide. 
  • Violence, attacks and arbitrary arrests in the Occupied West Bank.
  • Institutionalized systematic racial oppression and discrimination against Palestinians and the de facto and illegal annexation of Palestinian land.
  • No effective accountability for cycles of deadly hostilities between Israel and Hamas and other Palestinian armed groups over the past two decades.

NECESSARY ACTION:

A permanent ceasefire must be urgently reached and monitored by an independent, international body. UNSC Resolution 2735 must be implemented without delay. Israel should immediately lift the siege of Gaza. Hamas and other Palestinian armed groups must safely and unconditionally release all individuals taken hostage. All states must cease arms exports to Israel, as well as apply other economic and political measures necessary to ensure respect for international law and the implementation of legally binding UNSC Resolution 2728. All parties should condemn anti-Semitic, anti-Arab and Islamophobic hate speech and leaders must refrain from spreading and engaging in dehumanizing rhetoric and actions. Governments with influence must use all diplomatic means to urge the Israeli government to repeal the legislation dismantling UNRWA’s work in the OPT.

Israel must immediately implement the ICJ’s provisional measures and its allies must ensure Israel’s compliance. States parties to the Genocide Convention should support proceedings before the ICJ and refrain from attempts to impede the independent work of the Court or discredit the merits of the dispute. The ICC must be allowed to conduct its mandate with independence and impartiality and all states should cease any impediments, intimidation, retaliation or improper influences against the Court and its officials. Israel should ratify the Rome Statute of the ICC and cooperate with all UN-mandated investigative mechanisms.

The root causes of violence and atrocities must also be addressed. Israel must lift its blockade on Gaza and cease illegal settlement-related activity and apartheid policies. Israel should also end the occupation of Palestinian territory and collective punishment of Palestinians. All parties should work toward a sustainable political solution consistent with international law and various UNSC resolutions.