The 58th Human Rights Council Session: The Situation of Human Rights in the Occupied Palestinian Territories

Introduction

At the 58th Human Rights Council session in Geneva, the High Commissioner for Human Rights, Volker Türk, presented his new report on the human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice. The report was discussed in the council during an interactive dialogue with member states, national human rights institutions, and NGOs. The present human rights situation in Palestine was also the focus of various side events during the Human Rights Council session, hosted by NGOs such as Amnesty International and Human Rights Watch.

The High Commissioner’s Report 

Covering the period between November 1st, 2023 and October 31st, 2024, the High Commissioner’s report is based on a compilation of human rights accounts and forensic evidence collected on the ground by the Office of the High Commissioner (OHCHR), other UN experts, governmental authorities, and civil society organisations, aiming to shed light on the ongoing escalation of hostilities. 

In Gaza, Israel’s military operations have raised concerns, particularly due to their large scale, which includes indiscriminate shelling and airstrikes on civilian infrastructure, such as residential buildings, hospitals, and schools, resulting in numerous civilian casualties. Additionally, displacement orders issued within Gaza have forced 90 percent of Palestinians to relocate by October 2024. This mass displacement has been classified as a forcible transfer, in contravention of international humanitarian law, as it has been further aggravated by restrictions on Palestinians’ return, raising concerns that the objective is to permanently displace them.

The worsening humanitarian crisis is also a serious issue covered by the High Commissioner’s report. It finds that aid access to Gaza is systematically obstructed through physical barriers and attacks on humanitarian workers. Furthermore, the passage approved by the Israeli Parliament on October 28th, 2024, banning UNRWA operations in the occupied territory, along with the deliberate infliction of starvation on civilians in Gaza, according to the report, casts doubts on Israel’s intentions regarding future cooperation. 

In the West Bank, including East Jerusalem, the report finds that Israeli security forces have increasingly applied lethal force and used heavy weapons in densely populated areas, which falls afoul of the principle of proportionality following Hamas’s attack on  October 7th, 2023. This unnecessary and excessive use of force is frequently justified as part of counterterrorism efforts,  sparking alarm over potential extrajudicial executions. Additionally, the movement restrictions imposed on Palestinians, including the expansion of entrance barriers, flying checkpoints, and the reduction of checkpoint operating hours, are incompatible with the prohibition of discrimination under international human rights law. 

Palestinian armed groups, including Hamas, have also engaged in violations,  notably through their indiscriminate firing of projectiles into Israeli territory, causing civilian casualties and irreversible damage to infrastructures. Furthermore, these groups continue to capture and detain hostages—including soldiers and foreign nationals—facing widely sourced accusations of willful killing and cruel, inhumane treatment. Evidence examined by the High Commissioner’s report indicates instances of physical and psychological abuse, as well as deprivation of essential needs such as food, water, and sanitary services.

Palestinian security forces have also been implicated in unlawful killings,  excessive use of force, and arbitrary detention, including against Palestinian demonstrators and during other police operations. The unprecedented levels of violence against civilians in the West Bank—perpetrated by both parties—combined with Israel’s de facto policy of occupation, has further entrenched the conditions for apartheid and systemic oppression of Palestinians. 

According to the report, there are credible allegations that both Israeli security forces and Palestinian armed groups, including Hamas, have resorted to gender-based and sexual violence on multiple occasions. While Israeli security forces have been accused of such conduct in detention centres and refugee camps, Palestinian militants have reportedly engaged in similar violations against hostages, highlighting a disturbing escalation of gender-related violence across the occupied territory of Palestine. 

Arbitrary detention, torture, and ill-treatment, have also been frequently documented. Israeli authorities have been found responsible for the prolonged administrative detention of Palestinian detainees labelled as ‘unlawful combatants’, subjecting them to inhumane conditions, degrading treatment, and mass detention — raising serious concerns regarding enforced disappearances. Similarly, Palestinian authorities have been accused of arbitrary detention, particularly targeting perceived political opponents in the form of beatings, threats and solitary confinement, often in overcrowded and poorly ventilated detention centres.

Freedom of expression and association remain severely restricted, with an alarming increase in the killings of journalists and media professionals. Palestinian authorities have frequently used intimidation tactics, including interrogations and arrests, to target human rights defenders, political opponents, and peaceful demonstrators. Meanwhile, Israel has escalated measures against foreign activists, resorting to deportation and detention, as well as suppressing the work of civil society organisations, Palestinian journalists, and human rights advocates, often under allegations of incitement of, or support for, terrorism. The report also finds that Israel’s adoption of dehumanising rhetoric, including public statements justifying humanitarian aid restrictions of starvation policies targeting Palestinians, has raised serious concerns about incitement to further human rights breaches and atrocity crimes.

The High Commissioner’s concern regarding the Palestinian-Israeli conflict remains high and urgent. Israeli forces, Hamas, and other Palestinian armed groups have been found to commit serious violations of international humanitarian and human rights law, mostly amounting to war crimes. Depending on the intent, some of these violations may also qualify as crimes against humanity or genocide. The unprecedented escalation of violence against civilians—compounded by the unwillingness to cooperate with investigative bodies—has further entrenched a long-standing culture of impunity, hindering both justice and the protection of Palestinians.

Israel has repeatedly failed to initiate investigations into alleged prima facie crimes, raising serious doubts about the impartiality and independence of the military justice system — partially due to the dual role held by the Military Advocate General, which limits judicial oversight. Additionally, Israel has failed to comply with the International Court of Justice’s ruling from January 2024, which ordered the prevention of genocidal acts in Gaza. Palestinian security forces also remain largely unaccountable, with existing mechanisms rarely resulting in meaningful consequences. 

Following its findings, the High Commissioner’s report calls upon all parties to the conflict to immediately implement a ceasefire, cooperate with independent oversight bodies for impartial investigation, and ensure accountability for perpetrators under international human rights law. 

Reactions to The Report

Within the Human Rights Council, the High Commissioner’s report was well received by the member states present. Overall, most states placed great emphasis on ending impunity and ensuring accountability for past and ongoing human rights violations. In order to ensure effective accountability efforts, many called for credible investigations to take place as soon as possible. The majority of states further highlighted the urgent need for humanitarian aid to be allowed into Gaza and the West Bank, while many also called for the exchange of all remaining hostages and prisoners. Almost all states appealed to the Israeli state to immediately cease all attacks on civilian objects and to respect the ceasefire agreement.

The European Union, on behalf of its member states, issued a statement reiterating the legally binding nature of the orders of the International Court of Justice and the arrest warrants issued by the International Criminal Court. While condemning the October 7 attacks, the European Union strongly condemned the escalation of hostilities in the West Bank and emphasised that in its right to self-defence, Israel must comply with its obligations under international law. Lastly, in line with many other member states of the Human Rights Council, the European Union expressed great concern about recent Israeli laws banning cooperation with UNRWA and denying it access to the territory under its control.

A commonly made call by various countries was the need for the establishment of an independent, sovereign Palestinian state with East Jerusalem as a capital. In recognition of the illegality of the Israeli occupation of the Palestinian territories after June 4th, 1967, the countries calling for the establishment of an independent state proposed the borders of such a new-found state to be those dating prior to 1967. Several states also voiced concerns over the situation of the 1.9 million displaced Palestinian civilians and condemned attempts at their forced displacement. Concerns were also voiced about the situation of children and women, highlighting reports of gender-based and sexual violence. In particular, restrictions on the operation of healthcare disproportionately affect women and children.

The High Commissioner Volker Türk lastly issued concluding comments to the discussion. He highlighted the objective application of a rigid human rights methodology in his report, which constitutes a standard applied to all countries alike. Because violations are committed by all parties to the conflict, it is vital, according to the High Commissioner, that accountability is ensured for all perpetrators. To that extent, he expressed deep regret over his investigative team facing severe restrictions on the ground, the disregard for the orders of the International Court of Justice, and the attacks on UNRWA. 

He emphasised that UNRWA is indispensable, given that it is the only actor with the necessary mandate and capacity for humanitarian assistance and embodies the commitment of the international community to Palestinians’ right to self-determination. Furthermore, the High Commissioner showed himself deeply troubled by the prevailing manipulation of language and culture of disinformation and called on the Human Rights Council member states to resist all efforts to spread fear, hatred, and dehumanising narratives. According to Volker Türk, the aim of the international community must be to ensure Israelis and Palestinians living in equal dignity and rights.

Side Events: Findings of Amnesty International and Human Rights Watch

The human rights situation in the Occupied Palestinian Territories was also the topic of several side events at the 58th session of the Human Rights Council. In particular, two leading human rights NGOs, Amnesty International and Human Rights Watch, organised events in order to present the findings of their independent investigations into the situation.

In December 2024, Amnesty International issued its most recent report on the human rights situation in Palestine, which it presented at its side event. The report, based on investigations on the ground during which victims, survivors, and experts were interviewed, as well as surveillance footage analysed, finds that Israel has committed and currently continues to commit genocide against the Palestinian people. Beyond the crime of genocide, the report details the blockages, obstruction of humanitarian aid, displacement of the civilian population,continuous unlawful occupation, and a state of apartheid prevalent in the occupied territories.

The 1948 Genocide Convention defines genocide as five possible acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group. In its report, Amnesty International finds that three out of the five possible acts constituting genocide were committed, namely the killing of members of the group, causing serious bodily and mental harm, and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. Some specific acts to that extent include the unlawful killings of civilians in airstrikes, indiscriminate and disproportionate attacks on civilian objects, damage and destruction of objects necessary for survival, such as hospitals and critical infrastructure, including agriculture, the destruction of cultural and religious sites, and the obstruction of live-saving services and aid.

As for the genocidal intent necessary for these acts to constitute genocide, the report concludes that the only reasonable intention is the destruction of the population beyond military attacks. This conclusion follows the analysis of the speed and seriousness of actions and omissions, as well as the knowledge of the impact of such actions on the civilian population. In particular, the intent becomes evident from the statements of policymakers and military officials.

Out of the more than 100 statements analysed, Amnesty International found that  22 employed dehumanising language amounting to incitement to genocide, which translated to actions on the ground, such as celebrations by soldiers of the killing of civilians and their calling for the complete annihilation of the Palestinian people. Lastly, the lack of accountability for Israeli soldiers and officials presents a strong argument in favour of genocidal intent. This analysis by Amnesty International is consistent with previous case law of the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia.

The International Court of Justice, in its recent advisory opinion following the opening of a case against Israel by the Republic of South Africa, confirmed that reasonable grounds exist to believe that genocide is being committed in the occupied Palestinian territories. It further affirmed the illegality of the occupation and the state of apartheid in accordance with international law. Importantly, it also emphasised the obligation of other states to prevent genocide, according to which states may not shield perpetrators from accountability at the risk of legitimising future genocidal conduct. So far, its orders to the state of Israel to allow unhindered access to humanitarian aid and cease attacks on civilian objects have not been complied with.

Human Rights Watch also presented one of its newest reports relating to access to water in Gaza and the West Bank. According to the report, water scarcity has been a major issue for decades. Currently, around 97 percent of water is unfit for human consumption, with 80 percent of water infrastructure destroyed. Within Palestinian territory, water pipelines controlled by Israeli authorities make up 20 percent of the water supply. Following the siege on October 9th, 2023, following the Hamas attacks, Israeli authorities declared that no food, no water, no electricity, and no fuel were to enter Gaza. This development resulted in the blocking of UN agencies from delivering aid and the destruction of water infrastructure in ground offensives, during which eight workers, who were working on repairs, were killed.

The water shortage in Gaza, in combination with the detention of healthcare workers, has also been found to lead to higher mortality rates in cases of Hepatitis A, pregnancies, and dehydration, particularly in children. During the side event, Human Rights Watch emphasised that such conduct is enabled through the provision of weapons and appealed to states to do everything in their power to prevent the occurrence of acts intended to bring about the destruction of the Palestinian people. Both NGOs concluded that ending impunity for perpetrators is essential, urging states to take action by invoking state responsibility and international criminal responsibility. This includes executing arrest warrants from the International Criminal Court to ensure justice and end the ongoing grave human rights violations.