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The acts of Israeli political and military leaders are attributable to the State of Israel. The Commission therefore concluded that the State of Israel bears responsibility for the failure to prevent genocide, the commission of genocide and the failure to punish the perpetrators of genocide against the Palestinians in the Gaza Strip.
The Commission also concluded that Israeli President Isaac Herzog, Prime Minister Benjamin Netanyahu and then Defence Minister Yoav Gallant, have incited the commission of genocide and that Israeli authorities have failed to take action against them to punish this incitement. The Commission has not fully assessed statements by other Israeli political and military leaders and considers that they too should be assessed to determine whether they constitute incitement to commit genocide.
The Commission urges the Government of Israel to comply immediately with its international legal obligations, including to end the genocide in the Gaza Strip and fully implement the provisional measures orders of the International Court of Justice.
Israel must end its policy of starvation, lift the siege and facilitate and ensure the unimpeded access of humanitarian aid at scale and unhindered access of all United Nations staff, including UNRWA and OHCHR international staff, and all recognized international humanitarian agencies delivering and coordinating aid. The Commission calls on Israel to immediately end the activities of the Gaza Humanitarian Foundation.
The Commission recommended that Member States cease the transfer of arms and other equipment that may be used for the commission of genocidal acts to Israel; ensure individuals and corporations in their territories and within their jurisdiction are not involved in aiding and assisting the commission of genocide or incitement to commit genocide; and take action on accountability through investigations and legal proceedings against individuals or corporations that are involved in the genocide directly or indirectly.
“The international community cannot stay silent on the genocidal campaign launched by Israel against the Palestinian people in Gaza. When clear signs and evidence of genocide emerge, the absence of action to stop it amounts to complicity,” said Pillay. “Every day of inaction costs lives and erodes the credibility of the international community. All States are under a legal obligation to use all means that are reasonably available to them to stop the genocide in Gaza,” she added.
