Dieng and Welsh stated that the high number of civilian casualties, particularly among the Palestinians, could demonstrate disproportionate and indiscriminate use of force by the Israeli Defence Forces. At the same time, the launching of rocket attacks by Hamas and other Palestinian armed groups into Israeli residential areas constitutes indiscriminate use of force. In this context, “both parties are in violation of international humanitarian law and international human rights law, and these acts could constitute atrocity crimes”, the two Special Advisers observed.
The Special Advisers urge all parties to adhere to the principles of distinction between civilians and combatants, and between civilian objects and military objectives. They also call upon the Israeli Defence Forces to fully respect the principle of proportionality…
Israel, as the Occupying Power, the Palestinian Authority, and Hamas, have the responsibility to protect the population in Gaza. The Special Advisers call on the three parties to take immediate measures to ensure the protection of the population.
5. ISRAEL’S OBLIGATIONS UNDER INTERNATIONAL LAW
Several bodies of international law apply to Israel’s conduct in the West Bank, including East Jerusalem… International criminal law, which establishes individual criminal responsibility for certain violations and abuses of international human rights law and international humanitarian law, such as war crimes, crimes against humanity and genocide, as well as torture, extrajudicial executions and enforced disappearance…
5.5 INTERNATIONAL CRIMINAL LAW
Individuals, including military personnel and law enforcement officers, can be held criminally
responsible for certain violations of international human rights law and international humanitarian
Under the principle of universal jurisdiction, all states have an obligation to investigate and, where
enough admissible evidence is gathered, prosecute crimes under international law, including
genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced