联合国顶尖法律调查员得出结论,以色列在加沙犯有种族灭绝罪。
Top UN legal investigators conclude Israel is guilty of genocide in Gaza

原始链接: https://www.middleeasteye.net/news/un-concludes-israel-guilty-genocide-gaza

联合国调查委员会得出结论,以色列正在加沙地带实施种族灭绝,这是迄今为止联合国最权威的声明。这份72页的报告详细列出了1948年《种族灭绝公约》中禁止的五项行为中的四项——杀戮、造成严重伤害、施加旨在摧毁群体的生活条件以及阻止生育——以及以色列领导人声明和大规模屠杀、文化破坏以及针对平民和医疗保健设施等行为模式所显示的种族灭绝意图证据。 该委员会使用国际法院(ICJ)的法律标准,发现有“完全确凿的证据”表明存在摧毁巴勒斯坦人作为一个群体的意图。这一发现支持南非在国际法院对以色列提出的案件,但最终裁决可能需要数年时间。 该报告敦促所有国家停止向以色列转移武器,并考虑实施制裁,强调有法律义务采取行动以防止种族灭绝。它将于10月提交联合国大会,预计将对国际法律程序产生重大影响。

## 联合国报告指控以色列在加沙犯种族灭绝罪 - Hacker News 讨论 一份来自联合国法律调查员的最新报告,认定以色列在加沙犯有种族灭绝罪,在 Hacker News 上引发了激烈的讨论。最初的帖子链接到《中东之眼》的一篇文章,详细介绍了调查结果,获得了大量的关注和辩论。 许多评论者对联合国的合法性表示怀疑,引用了其被认为存在的偏见以及未能谴责哈马斯行动的情况。人们对联合国在加沙行动中的腐败问题以及像半岛电视台这样的信息来源的可靠性表示担忧。 讨论迅速扩大到指责以色列故意阻碍援助物资的运送——特别是婴儿配方奶粉——并控制边境通行,甚至在最近局势升级之前。一些人认为这构成了一系列旨在伤害加沙人口的行为模式。另一些人则反驳说,加沙对以色列的依赖是由于其无法实现自给自足,并质疑直接得出种族灭绝的结论。 该讨论还涉及美国政治游说团体(AIPAC)的作用,以及大型科技公司为以色列国防军提供服务的情况,将冲突定义为“技术驱动的种族灭绝”。最终,一些用户将此讨论标记为可能偏离 Hacker News 的主题,因为其政治性质。
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原文

The UN’s top investigative body on Palestine and Israel ruled on Tuesday that Israel is guilty of the crime of genocide in Gaza, in the most authoritative pronouncement to date. 

The 72-page report by the UN commission of inquiry on Palestine and Israel finds Israel has committed four of the five acts prohibited under the 1948 Genocide Convention, and that Israeli leaders had the intent to destroy Palestinians in Gaza as a group. 

The finding echoes reports by Palestinian, Israeli and international rights groups that have reached the same conclusion over the past year.

But this is the first comprehensive legal probe by a UN body, serving as an indicator of a judgment by the International Court of Justice (ICJ), which is currently hearing a case by South Africa accusing Israel of genocide. The ICJ case is expected to take several years to be concluded. 

“For the finding on Israel's responsibility for its conduct in Gaza, the commission used the legal standard set forth by the International Court of Justice. This is therefore the most authoritative finding emanating from the United Nations to date,” Navi Pillay, the commission's chair, told Middle East Eye.

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“Reports generated by the United Nations, including by a commission of inquiry, bear particular probative value and can be relied upon by all domestic and international courts.”

Pillay, a prominent jurist who previously served as the UN’s high commissioner for human rights, said all states had an unequivocal legal obligation to prevent the genocide in Gaza. She also urged the UK government to review its stance on the Gaza genocide, including its refusal to label it as such.

“The obligation to prevent genocide arises when states learn of the existence of a serious risk of genocide and thus states, including the UK, must act without the need to wait for a judicial determination to prevent genocide,” she said.

Another member of the commission, Chris Sidoti, told MEE that states must act now to prevent genocide. “There is no excuse now for not acting,” he said.

Chair of the Independent Commission of Inquiry, South African judge Navi Pillay (R), speaks next to Commission member Chris Sidoti in Geneva on 16 September (AFP)

“The UN report will remain the most authoritative statement until the International Court of Justice completes and rules on the genocide case brought against Israel.”

The report is due to be presented to the UN General Assembly in October.

'This is the most authoritative finding emanating from the United Nations to date'

- Navi Pillay, jurist

It calls on UN member states to take several measures, including halting arms transfers to Israel and imposing sanctions against Israel and individuals or corporations that are involved in or facilitating genocide or incitement to commit the crime.

The report concluded that Israel has committed genocide against Palestinians in Gaza since 7 October 2023, covering the period from that date until 31 July 2025.

It said that Israel has committed four acts of genocide:

  1. Killing members of the group: Palestinians were killed in large numbers through direct attacks on civilians, protected persons, and vital civilian infrastructure, as well as by the deliberate creation of conditions that led to death.
     
  2. Causing serious bodily or mental harm: Palestinians suffered torture, rape, sexual assault, forced displacement, and severe mistreatment in detention, alongside widespread attacks on civilians and the environment.
     
  3. Inflicting conditions of life calculated to destroy the group: Israel deliberately imposed inhumane living conditions in Gaza, including destruction of essential infrastructure, denial of medical care, forced displacement, blocking of food, water, fuel, and electricity, reproductive violence, and starvation as a method of warfare. Children were found to be particularly targeted.
     
  4. Preventing births within the group: The attack on Gaza’s largest fertility clinic destroyed thousands of embryos, sperm samples, and eggs. Experts told the commission this would prevent thousands of Palestinian children from ever being born.

Genocidal intent

In addition to the genocidal acts, the investigation concluded that the Israeli authorities and security forces have the genocidal intent to destroy, in whole or in part, the Palestinians in the Gaza Strip

Genocidal intent is often the hardest to prove in any genocide case. But the authors of the report have found “fully conclusive evidence” of such intent. 

They cited statements made by Israeli authorities, including President Isaac Herzog, Prime Minister Benjamin Netanyahu and Yoav Gallant - who served as defence minister for much of the war - as direct evidence of genocidal intent.

It also found that the three leaders have committed the crime of incitement to genocide, a substantive crime under Article III of the convention, regardless of whether genocide was committed. 

Additionally, on the basis of circumstantial evidence, the commission found that genocidal intent was the “only reasonable inference” that could be drawn based on the pattern of conduct of the Israeli authorities. That is the same standard of proof that will be used by the ICJ in its current proceedings against Israel. 

The commission said it identified six patterns of conduct by Israeli forces in Gaza that support an inference of genocidal intent:

  1. Mass killings: Israeli forces have killed and seriously harmed an unprecedented number of Palestinians since 7 October 2023, mostly civilians, using heavy munitions in densely populated areas. By 15 July 2025, 83 percent of those killed were civilians, the report found. Nearly half were women and children.
     
  2. Cultural destruction: The systematic leveling of homes, schools, mosques, churches, and cultural sites was cited as evidence of an effort to erase Palestinian identity.
     
  3. Deliberate suffering: Despite three provisional orders from the ICJ and repeated international warnings, Israel continued policies knowing Palestinians were trapped and unable to flee, the commission said.
     
  4. Collapse of healthcare: Israeli forces targeted Gaza’s healthcare system, attacking hospitals, killing and abusing medical personnel, and blocking vital supplies and patient evacuations.
     
  5. Sexual violence: Investigators documented sexualised torture, rape, and other forms of gender-based violence, describing them as tools of collective punishment.
     
  6. Targeting children: Children were shot by snipers and drones, including during evacuations and at shelters, with some killed while carrying white flags.

“Israeli political and military leaders are agents of the State of Israel; therefore, their acts are attributable to the State of Israel,” the report read.  

“The State of Israel bears responsibility for the failure to prevent genocide, the  commission of genocide and the failure to punish genocide against the Palestinians in the Gaza Strip.”

Who are the UN investigators?

The three-member commission of inquiry was established in May 2021 by the Geneva-based UN Human Rights Council (HRC) with a permanent mandate to investigate international humanitarian and human rights law violations in occupied Palestine and Israel from April 2021. 

The commission is mandated to report annually to the HRC and the UN General Assembly. Its members are independent experts, unpaid by the UN, on an open-ended mandate. 

The commission’s reports are highly authoritative and are widely cited by international legal bodies, including the ICJ and the International Criminal Court in The Hague.

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Over the past four years, it has produced some of the most groundbreaking reports on international law breaches in Israel and Palestine.

Since 7 October 2023, the commission has issued three reports and three papers on international law breaches by different parties.

Previous reports have concluded that Israeli forces have committed crimes against humanity and war crimes in Gaza, including, among others, extermination, torture, rape, sexual violence and starvation as a method of warfare. They also concluded that two acts of genocide had been committed in Gaza. 

Its three members are eminent human rights and legal experts.

Pillay served as UN high commissioner for human rights from 2008 to 2014. She previously served as a judge in the ICJ and presided over the UN’s ad hoc tribunal for Rwanda.

Miloon Kothari served as the first UN special rapporteur on adequate housing between 2000 and 2008, while Sidoti is the former Australian human rights commissioner and previously served as a member of the UN Independent International Fact-Finding Mission on Myanmar from 2017 to 2019.

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