Israel accuses UN rights council of ‘politically motivated’ bias

The country will not co-operate with UN’s commission of inquiry into alleged Israeli war crimes during last May’s Gaza war

Safety officials inspect damaged buildings in Gaza City following an Israeli airstrike on May 12th, 2021, in Gaza Strip.  Photograph: Hosam Salem/The New York Times
Safety officials inspect damaged buildings in Gaza City following an Israeli airstrike on May 12th, 2021, in Gaza Strip. Photograph: Hosam Salem/The New York Times

Israel will not co-operate with the United Nations Human Rights Council's commission of inquiry into alleged Israeli war crimes committed during last May's Gaza war, accusing its members of "politically motivated" bias and anti-Israel positions.

“It is obvious to my country, as it should be to any fair-minded observer, that there is simply no reason to believe that Israel will receive reasonable, equitable and non-discriminatory treatment from the council or from this COI [the commission] that you were appointed to lead,” wrote Merav Eilon Shahar, Israel’s ambassador to international institutions in Geneva, in a letter to commission head Navi Pillay.

The council established the three-person investigative commission last May, shortly after an 11-day war between Israel and Hamas in the Gaza Strip. More than 260 Palestinians, including scores of women and children, were killed in the fighting. Fourteen people were killed in Israel, including from indiscriminate rocket fire from Gaza militants.

The commission was granted an unprecedented open-ended mandate, and can look into any alleged Israeli human rights violations in Israel, the West Bank, including east Jerusalem and Gaza. The probe has no set timeframe and Israel fears it could end up being permanent as the UN General Assembly approved a budget of €3.6 million annually for the commission.

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The decision by the UN Human Rights Council allows the committee to investigate events beginning around April 13th, even though the salvo of rocket fire towards Jerusalem that initiated the round of fighting occurred on May 10th.

Israeli officials believe that the designated timeframe will allow the commission to include the clashes that took place on the Temple Mount, known to Muslims as Haram al Sharif, and the Damascus Gate in Jerusalem's Old City prior to the fighting.

Boycott movement

Israel claims Ms Pillay, the former UN high commissioner for human rights, has called Israel an apartheid state and has advocated for the Boycott, Divestment, Sanctions (BDS) boycott movement.

Israel also claims the other two panel members, Chris Sidoti of Australia and Miloon Kothari of India, also have a history of anti-Israel positions.

“It should be of no wonder that Israel, and anyone who actually cares about human rights and the rule of law, will treat the establishment of the COI accordingly,” Eilon Shahar concluded.

Israel also notes that the commission’s mandate does not mention any “terrorism” by Hamas, which launched 4,300 rockets into Israeli civilian populations in May.

Israel’s letter was in response to a December 29th letter from Ms Pillay asking Israel to “reconsider its non-co-operation”, saying the commission would “need” to visit Israel and occupied Palestinian areas.

Israel’s response all but ensures the commission will not obtain such access or government co-operation, but the commission is expected to continue the probe regardless.