Independent International Commission of Inquiry on the Occupied Palestinian Territory

Navi Pillay (South Africa), serves as chair, Miloon Kothari (India) and Chris Sidoti (Australia) serve as members of the commission.{{Cite web|url=https://www.timesofisrael.com/former-head-of-un-rights-council-to-lead-open-ended-probe-of-israel/|title=Former head of UN rights council to lead open-ended probe of Israel|website=www.timesofisrael.com}}{{Cite web|url=https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=27119&LangID=E|title=OHCHR | Human Rights Council Establishes International Commission of Inquiry to Investigate Violations in the Occupied Palestinian Territory, including East Jerusalem, and in Israel|website=www.ohchr.org}}

The commission will report to the Human Rights Council annually from June 2022. Unlike previous fact finding missions the inquiry is open ended and will examine "all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity."

Manpower was reduced from 24 to 18 persons following a US-Israel campaign to reduce the Commission budget.{{Cite news|url=https://www.haaretz.com/israel-news/.premium-israeli-officials-fear-un-will-adopt-apartheid-narrative-this-year-1.10583624|title=Israeli Officials Fear UN Will Adopt 'Apartheid' Narrative This Year|newspaper=Haaretz}} On 17 February 2022, Israel said it will not cooperate with the commission, alleging bias.{{Cite web|url=https://english.alaraby.co.uk/news/israel-refuses-cooperation-un-group-probing-gaza-war|title=Israel refuses cooperation with UN commission investigating Gaza violations|first=The New Arab|last=Staff|date=February 18, 2022}} At the end of March, 68 US senators signed a letter to Secretary of State Antony Blinken calling for the Biden administration to use its influence to quash the inquiry.{{cite web | url=https://www.timesofisrael.com/68-us-senators-press-blinken-to-quash-open-ended-un-probe-into-israel/ | title=68 US senators press Blinken to quash open-ended UN probe into Israel | website=The Times of Israel }} In June 2023, United States and Israel joined 25 countries in condemning the open-ended nature of the UN investigation and "the long-standing disproportionate attention given to Israel in the council." Responding, Kothari said "There seems to be no sunset clause recommended to Israel to end the occupation.... as long as the occupation continues the UN needs to investigate the occupation...we would like to see the end of the occupation."{{cite web | url=https://www.jpost.com/israel-news/article-746959 | title=Permanent UN probe contributes to anti-Israel bias - 27 nations say | website=Jerusalem Post }}

{{see also|Diplomatic impact of the Gaza war#Independent International Commission of Inquiry on the Occupied Palestinian Territory report}}

The first annual report (A/HRC/50/21) to the General Assembly was released on 7 June 2022.{{cite web | url=https://documents-dds-ny.un.org/doc/UNDOC/GEN/G22/337/18/PDF/G2233718.pdf?OpenElement | title=Annual Report 2022 (A/HRC/50/21) of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel |publisher= UN|date=7 June 2022 }}{{cite web | url=https://www.un.org/unispal/document/commission-of-inquiry-on-the-opt-including-east-jerusalem-and-israel-issues-first-report/ | title=Commission of Inquiry on the OPT, Including East Jerusalem, and Israel, Issues First Report - Press Release - Question of Palestine }} The report said that ending the occupation would be insufficient. It said that the root cause of the problems lay in "perpetual occupation" with no intent to end it and that Israel wanted "complete control" over the occupied area. Israel refused access to Israel or the Palestinian territories, Palestinian and Israeli testimony was collected in Geneva and Jordan. Israel’s Foreign Ministry and the U.S State department rejected the report as biased.{{cite web | url=https://edition.cnn.com/2022/06/08/middleeast/israel-palestinians-un-intl/index.html | title=UN-mandated rights inquiry rebukes Israel for seeking 'complete control' | date=8 June 2022 }}{{cite news | url=https://www.haaretz.com/israel-news/2022-06-07/ty-article/.premium/perpetual-israeli-occupation-at-root-of-violence-un-report-says/00000181-3e77-df72-a5cb-beffc53a0000 | title='Perpetual Occupation' at Root of Israeli-Palestinian Violence, UN Report Says | newspaper=Haaretz }}{{cite news |url=https://www.washingtonpost.com/world/report-perpetual-israeli-occupation-at-root-of-violence/2022/06/07/0c36bd60-e666-11ec-a422-11bbb91db30b_story.html |title=Report: 'Perpetual' Israeli occupation at root of violence |first=Jamey |last=Keaten |agency=Associated Press |date=June 7, 2022 |newspaper=The Washington Post |place=Washington, D.C. |issn=0190-8286 |oclc=1330888409 |access-date=June 30, 2022 |archive-date=June 9, 2022 |archive-url=https://archive.today/20220609144548/https://www.washingtonpost.com/world/report-perpetual-israeli-occupation-at-root-of-violence/2022/06/07/0c36bd60-e666-11ec-a422-11bbb91db30b_story.html |url-status=bot: unknown }} When the report was formally presented to the 50th session of the Human Rights Council on 13 June 2022, the United States representative read out a statement objecting to the mandate given to the Committee, saying that it was unfair scrutiny of Israel. Including the United States and Israel, twenty-two countries, most not UNHRC members, signed the statement.{{cite news | url=https://www.jpost.com/israel-news/article-709318 | title=22 nations oppose UNHRC probe, Pillay calls for arms embargo against Israel | newspaper=Jerusalem Post | date=14 June 2022 }} Addressing the Council, Navi Pillay said "Given a clear refusal by Israel to take concrete measures to implement the findings and recommendations of past commissions, the international community must urgently explore new ways of ensuring compliance with international law." She also criticized the Palestinian Authority for its failure to hold legislative and Presidential elections and leaders in Gaza for their failure to uphold human rights standards.{{Cite web|url=https://www.aa.com.tr/en/middle-east/un-commission-on-palestine-seeks-new-ways-to-get-israel-to-comply-with-intl-law/2612983|title=UN commission on Palestine seeks new ways to get Israel to comply with int'l law|website=www.aa.com.tr}}{{Cite web|url=https://www.middleeastmonitor.com/20220614-new-ways-needed-to-get-israel-to-comply-with-intl-law-un-commission-on-palestine-says/|title=New ways needed to get Israel to comply with int'l law, UN commission on Palestine says|date=June 14, 2022}}

On 20 October 2022, the commission released a report (A/77/328){{cite report|title=Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel|url=https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/coiopt/2022-10-19/Report-COI-OPT-14Sept2022-EN.pdf|publisher= UN|date=14 September 2022}} to the United Nations General Assembly, calling on the Security Council to end Israel’s "permanent occupation" and on individual UN member states to prosecute Israeli officials. The report found "reasonable grounds" to conclude that the occupation "is now unlawful under international law due to its permanence" and Israel's "de-facto annexation policies."{{Cite web|url=https://www.ohchr.org/en/press-releases/2022/10/commission-inquiry-finds-israeli-occupation-unlawful-under-international-law|title=Commission of Inquiry finds that the Israeli occupation is unlawful under international law|website=OHCHR}}{{Cite web|url=https://www.timesofisrael.com/un-report-slams-israels-unlawful-occupation-demands-prosecution-of-officials/|title=UN report denounces Israel's 'unlawful occupation,' demands prosecution of officials|website=www.timesofisrael.com}} The commission has requested that an International Court of Justice advisory opinion declaring the occupation illegal be obtained.{{Cite web|url=https://www.jpost.com/israel-news/article-720130|title=UN pushes to declare 'Israeli occupation' illegal, may seek ICJ opinion|website=The Jerusalem Post | JPost.com}} Israeli prime minister Yair Lapid said the report is "biased, false, inciting and blatantly unbalanced" and tweeted that "Not all criticism of Israel is anti-Semitism, but this report was written by anti-Semites … and is a distinctly anti-Semitic report".{{Cite web|url=https://www.jpost.com/breaking-news/article-720242|title=Lapid: UN's CIO report is antisemitic and written by antisemites|website=The Jerusalem Post | JPost.com}}

On 2 June 2023, the commission presented a report (A/HRC/53/CRP.1) accusing Israel of silencing civil society and Palestinian NGOs and intends to probe Israeli settler violence and its link to West Bank annexation, "We are very disturbed that violent settler activity has increased in the last months...It’s becoming a means through which annexation is ensured beyond occupation."{{Cite web|url=https://reliefweb.int/report/occupied-palestinian-territory/detailed-findings-attacks-and-restrictions-and-harassment-civil-society-actors-all-duty-bearers-independent-international-commission-inquiry-occupied-palestinian-territory-including-east-jerusalem-and-israel|title=Detailed findings on attacks and restrictions on and harassment of civil society actors, by all duty bearers - Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (A/HRC/53/CRP.1) - occupied Palestinian territory | ReliefWeb|date=June 8, 2023|website=reliefweb.int}}

The second annual report (A/78/198) to the General Assembly was published on 5 September 2023{{Cite web|url=https://www.un.org/unispal/document/report-coi-palestine-isreal-a78-198/|title=Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel |publisher= UN|date=5 September 2023}} and states "The commission finds the increasingly militarised law enforcement operations of Israel and repeated attacks by Israel on Gaza are aimed at maintaining its unlawful 56-year occupation."{{Cite web|url=https://www.aljazeera.com/program/talk-to-al-jazeera/2023/10/28/un-navi-pillay-israel-has-no-intention-of-ending-occupation|title=UN’s Navi Pillay: Israel has ‘no intention of ending occupation’|website=www.aljazeera.com}}

On 19 June 2024, the commission presented its first report on the Gaza war to the United Nations Human Rights Council during its 56th regular session. The report was the UN's first in-depth investigation of the conflict and covered the period from 7 October to 31 December 2023.{{Cite web |date=12 June 2024|url=https://www.reuters.com/world/middle-east/immense-scale-gaza-killings-amount-crime-against-humanity-un-inquiry-says-2024-06-12/|title='Immense' scale of Gaza killings amount to crime against humanity, UN inquiry says |access-date=20 June 2024 |website=Reuters}}{{Cite web|date=12 June 2024|url=https://www.aljazeera.com/news/2024/6/12/un-backed-commission-accuses-israel-and-palestinian-groups-of-war-crimes|title=UN-backed commission accuses Israel and Palestinian groups of war crimes|access-date=20 June 2024|website=Al Jazeera}} In its report (A/HRC/56/26){{cite web |url=https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session56/a-hrc-56-26-auv.docx |title=Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel |website=ohchr.org |publisher=United Nations Human Rights Council |format=.docx |date=19 June 2024 |access-date=20 June 2024}} the Commission affirmed that both Hamas and Israel committed war crimes and that Israel's actions also constituted crimes against humanity.{{Cite web |date=12 June 2024 |url=https://www.ohchr.org/en/press-releases/2024/06/israeli-authorities-palestinian-armed-groups-are-responsible-war-crimes?sub-site=HRC|title=Israeli authorities, Palestinian armed groups are responsible for war crimes, other grave violations of international law, UN Inquiry finds |access-date=20 June 2024 |website=OHCHR.org}}{{Cite web |date=12 June 2024 |url=https://edition.cnn.com/2024/06/12/middleeast/un-report-israel-hamas-gaza-war-crimes-intl-hnk/index.html?iid=cnn_buildContentRecirc_end_recirc|title=UN inquiry says Israel and Hamas have both committed war crimes since October 7|access-date=20 June 2024|website=CNN}} The report found that the military wing of Hamas and six other Palestinian armed groups, are responsible for the war crimes of intentionally directing attacks against civilians, murder or willful killing, torture, inhuman or cruel treatment, destroying or seizing the property of an adversary, outrages upon personal dignity, and taking hostages, including children.{{cite web |url=https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session56/a-hrc-56-crp-3.pdf |title=Detailed findings on attacks carried out on and after 7 October 2023 in Israel |website=ohchr.org |publisher=United Nations Human Rights Council |format=PDF |date=19 June 2024 |access-date=20 June 2024}}{{Cite web |date=12 June 2024|url=https://apnews.com/article/united-nations-human-rights-navi-pillay-israel-palestinians-a80c38e1aa2c2090da098f7df20e97fe|title=Report by UN-backed experts cites crimes by Israeli forces, Palestinian militants starting Oct. 7|access-date=12 June 2024|website=Associated Press}} In relation to Israeli military operations and attacks in Gaza, the commission concluded that Israeli authorities are responsible for the war crimes of starvation as a method of warfare, murder or willful killing, intentionally directing attacks against civilians and civilian objects, forcible transfer, sexual violence, torture and inhuman or cruel treatment, arbitrary detention and outrages upon personal dignity. It also found that Israel committed numerous crimes against humanity, including carrying out the extermination of Palestinians and gender persecution targeting Palestinian men and boys.{{Cite web |date=19 June 2024 |url=https://www.ohchr.org/en/news/2024/06/commission-inquiry-occupied-palestinian-territory-concludes-israeli-authorities-and?sub-site=HRC|title=Commission of Inquiry on the Occupied Palestinian Territory Concludes that Israeli Authorities and Hamas Are Both Responsible for War Crimes |access-date=20 June 2024 |website=OHCHR.org}}{{Cite web |date=19 June 2024 |url=https://www.reuters.com/world/middle-east/israel-may-have-violated-laws-war-gaza-campaign-un-rights-office-says-2024-06-19/|title=Israel may have violated laws of war in Gaza, UN rights office says |access-date=20 June 2024 |website=Reuters}}{{Cite web |date=19 June 2024 |url=https://www.aljazeera.com/news/2024/6/19/israels-actions-in-gaza-intentional-attack-on-civilians-un-inquiry|title=Israel's actions in Gaza 'intentional attack on civilians': UN inquiry |access-date=20 June 2024 |website=Al Jazeera}} The commission said that they had submitted 7,000 pieces of evidence to the International Criminal Court related to crimes committed by Israel and Hamas, as part of the International Criminal Court investigation in Palestine.{{Cite web |date=19 June 2024 |url=https://www.aljazeera.com/program/newsfeed/2024/6/19/never-seen-anything-like-this-un-commission-of-inquiry-on-israel-gaza|title='Never seen anything like this': UN Commission of Inquiry on Israel-Gaza |access-date=20 June 2024 |website=Al Jazeera}}

The third annual report (A/79/232) to the General Assembly was published on 11 September 2024 and examines the treatment of detainees and hostages and attacks on medical facilities and personnel from 7 October 2023 to August 2024 in Gaza.{{Cite web|url=https://documents.un.org/doc/undoc/gen/n24/262/79/pdf/n2426279.pdf |title=Annual Report 2024 (A/79/232) of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel|publisher= UN|date=11 September 2024}}

On 13 March 2025, the commission submitted a report (A /HRC/58/CRP.6) {{cite web |url=https://www.ohchr.org/en/press-releases/2025/03/more-human-can-bear-israels-systematic-use-sexual-reproductive-and-other |title=About the UN-Report of 13 March 2025 |publisher=United Nations |date=13 March 2025 }} to the Human Rights Council on the systematically use of sexual, reproductive and other gender-based violence carried out since 7 October 2023 by the Israeli Security Forces and Israeli settlers.{{cite web |url=https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session58/a-hrc-58-crp-6.pdf |title='More than a human can bear': Israel's systematic use of sexual, reproductive and other forms of gender-based violence since 7 October 2023 |publisher=UN |date=13 March 2025 }} The report found that certain forms of sexual and gender-based violence, including forced public stripping and nudity, sexual harassment, threats of rape, and sexual assault are part of "standard operating procedures" of Israel's security forces.{{cite web |url=https://www.theguardian.com/world/2025/mar/13/israeli-attacks-on-womens-healthcare-in-gaza-amount-to-genocidal-acts-un-says |title=Israeli attacks on Gaza maternity wards and IVF clinic 'genocidal acts', says UN |publisher=The Guardian |date=13 March 2025 }} The report concludes that "the frequency, prevalence and severity of sexual and gender-based crimes perpetrated across the Occupied Palestinian Territory [suggest] that sexual and gender-based violence is increasingly used as a method of war by Israel to destabilise, dominate, oppress and destroy the Palestinian people". The Commission also finds, that the Israeli justice system "does not meet international standards of justice with respect to its application to Palestinians [as it is] used to persecute Palestinians and exculpate perpetrators".

• International Criminal Court investigation in Palestine
• Legality of the Israeli occupation of Palestine
• Human rights violations against Palestinians by Israel
• Israeli apartheid
• Gaza genocide

{{Reflist|35em}}

• [https://www.ohchr.org/EN/HRBodies/HRC/CoIOPT-Israel/Pages/Index.aspx The United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel]

{{Gaza war}}

Category:Israeli–Palestinian conflict and the United Nations

Category:United Nations commissions

Category:War crimes in the Israeli–Palestinian conflict