The United Nations Commission of Inquiry on the Occupied Palestinian Territory has officially classified Israel’s military operations in Gaza as genocide. This determination follows nearly two years of conflict, particularly intensified after Hamas launched attacks on October 7, 2023. The commission’s report highlights the extensive human suffering resulting from these operations, including significant civilian casualties.
The legal implications of this classification are profound. According to international law, all states have an obligation to both prevent and punish genocide, regardless of whether they explicitly recognize it as such. The commission’s findings are based on investigations initiated shortly after the onset of violence and encompass a range of human rights violations, including war crimes committed by both Hamas and Palestinian Islamic Jihad fighters.
In its seven reports, the commission has documented widespread atrocities, particularly against vulnerable populations. The findings reveal a stark picture of devastation: children and women are disproportionately affected by the violence, and essential services like healthcare and education have been severely compromised. The commission has also raised alarms regarding the use of starvation as a tactic to undermine the Palestinian population.
On January 26, 2024, the International Court of Justice alerted the international community to a plausible risk of genocide in Gaza. This announcement activated the legal obligation for states to take preventative measures. Despite this, many governments have hesitated to respond decisively, fearing the legal ramifications of acknowledging the situation as genocide.
Australia’s Role and Responsibilities
Australia has expressed its intention to officially recognize the State of Palestine, a significant step towards acknowledging the rights and sovereignty of the Palestinian people. However, the commission’s report emphasizes that Australia, along with other nations, has a legal duty to act against genocide. Chris Sidoti, an Australian commissioner on the United Nations Commission, underscores that failure to take action not only undermines international law but also deepens the suffering of those affected in Gaza.
The commission suggests several immediate actions that Australia could undertake to fulfill its obligations. These include diplomatic pressure on Israel to halt military operations, humanitarian assistance to civilians in Gaza, and increased support for international investigations into human rights violations. These steps are critical to ensuring that the legal and moral imperatives to prevent genocide are met.
The situation in Gaza remains dire, with ongoing reports of violence and humanitarian crises. As the international community grapples with its responsibilities, the call for decisive action grows louder. Recognizing the gravity of the situation is essential—not just from a political standpoint, but as a moral obligation to protect human rights and dignity.
In conclusion, the report by the United Nations Commission of Inquiry highlights the urgent need for action in response to the ongoing violence in Gaza. As legal obligations to prevent genocide become increasingly clear, it is imperative that nations, including Australia, act swiftly and decisively to fulfill their responsibilities and protect those at risk.
