Once again, OHCHR chose to publish an unusual document, outside the scope of the many already existing mechanisms targeting Israel. Despite a constant proliferation of one-sided and prejudiced mandates, this time, OHCHR adds its own analysis of the the Law of Armed Conflicts - a field of law outside of its expertise.
The document suffers from hindsight and methodological biases which cast a shadow on the credibility of its legal assessment. There is therefore no doubt that the only objective of this Thematic Report is to lambast and single-out Israel, while further shielding Hamas terrorists in Gaza.
In a detailed initial submission by Israel [
LINK ], which includes declassified information on the six cases listed by OHCHR, it is clearly demonstrated that any attempt by OHCHR to reach legal conclusions is inherently flawed:
- the analysis in the Background Note is factually, legally, and methodologically flawed;
- the report is based only on public information;
- the report is based on data published by Hamas;
- the report overlooks operational considerations;
- the report does not address the deliberate strategy of Hamas to maximize civilian harm.
Israel is fighting Hamas and the other terrorist organizations in Gaza, not the civilian population. As is well documented by now, Hamas systematically and unlawfully embeds its military assets within populated areas, and carries out its military activities amongst, behind, and under its own civilians in a deliberate and strategic attempt to maximize civilian harm. It also cynically manipulates the statistics surrounding casualties. This is the vicious enemy with which Israel is confronted.
Israel is committed to its obligations under national and international law, and in particular, the principles of distinction, proportionality and precautions. Israel also has a robust legal system to oversee compliance with IHL during hostilities, and did not wait for the OHCHR to publish its flawed report to thoroughly examine the incidents listed.
Ambassador Meirav Eilon Shahar, Permanent Representative of Israel to the United Nations in Geneva: “OHCHR has been echoing Hamas narrative and spreading unfounded allegations. This report shows the deep-rooted bias against Israel that has existed in OHCHR for decades. Regardless, Israel will continue to operate in accordance with the law, to protect its population against Palestinian terrorists, and bring back home the 120 hostages still held in Hamas’s brutal captivity.”
ENDS