A United Nations-mandated Commission of Inquiry (COI) report concluded that Israel’s military offensive in Gaza constitutes genocide, holding top Israeli leaders accountable under the 1948 Genocide Convention.

• Individuals Named: President Isaac Herzog, Prime Minister Benjamin Netanyahu, and former Defence Minister Yoav Gallant.

UN Commission of Inquiry Findings

• Legal Basis: Analysis under the Convention on the Prevention and Punishment of the Crime of Genocide (1948).
• Acts Constituting Genocide:
• • Killing members of the group: 60,199 Palestinians killed; 83% were civilians.
  • Causing serious bodily/mental harm: Torture, sexual violence, inhumane treatment, and psychological trauma from family loss and separation.
  • Inflicting destructive conditions of life: “Total siege” restricting food, water, fuel, medicine, electricity; famine declared in parts of Gaza.
  • Preventing births: Destruction of clinics and healthcare facilities described as “reproductive violence.”

About Convention on the Prevention and Punishment of the Crime of Genocide (1948)

• Adoption: Adopted by the UN General Assembly on December 9, 1948; entered into force on January 12, 1951.
• Definition of Genocide (Article II): Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group:
  • Killing members of the group.
  • Causing serious bodily or mental harm.
  • Deliberately inflicting conditions of life calculated to bring about destruction.
  • Imposing measures intended to prevent births.
  • Forcibly transferring children of the group to another group.
• Obligations of States: States are required not to commit genocide and to adopt measures for its prevention and punishment, including passing domestic legislation and prosecuting offenders.
• Jurisdiction: The International Court of Justice (ICJ) is the forum for disputes concerning the interpretation and application of the Convention.
• Membership: The Convention has been ratified by 153 States. 
• India’s Position: India signed it in 1949 and ratified it in 1959.
  • Despite ratification, India has not enacted specific legislation on genocide.

United Nations Commissions of Inquiry (COI)

• Nature: Independent fact-finding bodies mandated by the UN Human Rights Council (UNHRC) or General Assembly.
  • Composed of independent experts (not UN staff) with legal, human rights, and humanitarian expertise.
• Purpose: 
  • Investigate serious violations of international humanitarian law (IHL) and human rights law in conflict or crisis situations.
  • Collect evidence, establish facts, and provide legal analysis.
• Reporting Authority: Reports are submitted to UN bodies but are not binding decisions.
• Examples: Darfur (2004), Syria (2011–), Myanmar (2017–), Ukraine (2022–), and Gaza (2023–25).
• Limitations:
  • Do not represent the official UN stance.
  • Cannot enforce judgments; rely on UN bodies (e.g., Security Council, ICC, ICJ) and member states for action.
• Significance:
  • Provide authoritative documentation of atrocities.
  • Influence international opinion, sanctions, and judicial proceedings.
  • Strengthen accountability under international criminal law.

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