OHCHR: published report on possible violations of the laws of war by Israel in Gaza
On June 19 the UN Human Rights Office published a thematic report, on six emblematic attacks by the Israeli Defense Forces (IDF) in Gaza last year that led to high numbers of civilian fatalities and widespread destruction of civilian objects, raising serious concerns under the laws of war with respect to the principles of distinction, proportionality and precautions in attack.
According to the Israeli Air Force (IAF), between 7 October 2023 and 19 February 2024 over 29,000 targets in Gaza were attacked. The rate at which Palestinians were killed in Gaza during this reporting period was reportedly higher than in any recent conflicts globally.
The war has witnessed many tragic instances of entire families killed together, from infants to grandparents, many while in their homes or other places they had sought safety. These statistics suggest that Israel's choices of methods and means of conducting hostilities in Gaza since 7 October, including the use of explosive weapons with wide area effects in densely populated areas, have failed to ensure that they effectively distinguish between civilians and combatants. The widespread, large scale and continuing toll of civilian deaths, notably the high proportion of women and children amongst them, and accompanying destruction of civilian infrastructure in Gaza, raise serious concerns about the Israeli Defense Forces’ (IDF) compliance with IHL.
The IDF has also claimed that they had undertaken 10,000 airstrikes on Gaza, a relatively small and densely populated area, by 3 December, further raising concerns regarding the identification of targets. Such policy or consistent practice raises concerns as to systematic violation of both the principle of distinction and proportionality.
Explosive weapons with such wide-area effects cannot be directed at a specific military object in densely populated areas of Gaza, and the effects cannot be limited, resulting in military objects, civilians and civilian objects being struck without distinction. Examples of possible indiscriminate attacks monitored by OHCHR include the IDF's use of explosive weapons with wide area effects on Jabalya Refugee Camp on 31 October, on Al Buraq school on 10 November and Ash Shujai’yeh on 2 December.
The report also states that in five of the attacks, no warning was issued, raising concerns with respect to violations of the principle of precaution in attack to protect civilians.
The report concludes that the series of Israeli strikes, exemplified by the six incidents, indicates that the IDF may have repeatedly violated fundamental principles of the laws of war. In this connection, it notes that unlawful targeting when committed as part of a widespread or systematic attack against a civilian population, in line with a State or organisational policy, may also implicate the commission of crimes against humanity.
While the focus of the report is on Israel, it also highlights that Palestinian armed groups have continued to fire indiscriminate projectiles toward Israel, inconsistent with their obligations under international humanitarian law.