UN “Independent” Commission of Inquiry Strikes Israel Again

The United Nations’ so-called “Independent” Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel strikes again in its continuing lawfare against Israel. It has released another report accusing Israel of violating the Law of Armed Conflict.

At the outset, the Commission placed all responsibility for Hamas’ brutal crimes on Israel. In the introduction to its report of May 27, 2024, the Commission stated the following:

Both the 7 October attack in Israel and Israel’s subsequent military operation in Gaza must be seen in context. These events were preceded by decades of violence, unlawful occupation and Israel’s denial of the Palestinians’ right to self-determination, manifested in continuous forced displacement, dispossession, exploitation of natural resources, blockade, settlement construction and expansion, and systematic discrimination and oppression of the Palestinian people. (Emphasis added.)

Basically, the report implies that Hamas’ brutal abduction, rape, and slaughter of innocent civilians was justified and reasonable – that Israel had it coming. It’s sick.

The conclusion reiterates this by stating the following:

The Commission affirms that both the 7 October attack in Israel and Israel’s subsequent military operation in Gaza should not be seen in isolation. The only way to stop the recurring cycles of violence, including aggression and retribution by both sides, is to ensure strict adherence to international law. That includes ending the unlawful Israeli occupation of Palestinian territory, discrimination, oppression and the denial of the right to self-determination of the Palestinian people and guaranteeing peace and security for Jews and Palestinians. (Emphasis added.)

What the Commission is implying is that the Hamas attack of October 7, 2023, was justified because of Israel’s alleged conduct prior to that attack, and Israel’s conduct after October 7 is simply a continuation of the decades of alleged occupation and oppression of the Palestinian people.

If this is not sufficient to show the Commission’s bias against Israel, an outrageous statement made by Mr. Miloon Kothari (one of the Commissioners) to our team a few months ago at the U.N. in Geneva now appears in the Commission’s report. When asked if the Commission was doing anything for the release of Israeli hostages, Mr. Kothari told our team, “Everyone in the Gaza Strip is a hostage, and what about the prisoners Israel is holding as hostage?”

The Commission’s recent report states that it “documented several explicit public statements by Israeli officials indicating . . . an intention to instrumentalize and weaponize the provision of necessities, to hold the population of the Gaza Strip hostage to achieve political and military objectives . . . .” (Emphasis added.)

While Commissioner Kothari told us that the Commission is not a legal body, the Commission continues to make erroneous legal claims about Israel’s conduct. The new report claims that Israeli “attacks lacked distinction, proportionality and precautions.” This is asserted without any legal analysis whatsoever. While the report contains an entire section called “Legal Analysis,” the section is devoid of any legal analysis. It only contains false conclusions that Israel violated the Law of Armed Conflict. This is irresponsible and dangerous.

No wonder Israel has continuously refused to cooperate with this so-called “Independent” Commission.

We will be filing a detailed response with the Commission in the coming weeks as we continue to defend Israel against this lawfare at the U.N.