UN Commission of Inquiry on the Palestinian Territory and Israel

The commission combines investigation of particular incidents with examination of policies, historical legacies, structural inequalities and patterns of conduct over time.[1] Its founding resolution covers alleged violations of international humanitarian law and alleged violations and abuses of international human-rights law leading up to and since 13 April 2021, together with the underlying causes of recurring conflict.[4] The mandate includes alleged systematic discrimination and repression based on national, ethnic, racial or religious identity, rather than limiting the inquiry to the military confrontation that immediately preceded its establishment.[4]

Its geographic remit encompasses Israel, Gaza, East Jerusalem and the West Bank — known by its original, indigenous Jewish name of Judea and Samaria.[1] The commission interprets its mandate as applying to alleged violations by any party, including states and non-state entities, within the covered territories and in areas under a concerned state's effective control.[1] Its terms of reference permit consideration of incidents both before and after 13 April 2021, as well as subsequent developments and longer-term patterns.[4]

The commission's work is intended to establish facts, preserve evidence and support accountability in international or national jurisdictions.[1] It may identify individuals or institutions potentially responsible for violations and recommend measures addressing individual and command responsibility.[5] Its reports are investigative assessments rather than court judgments, and the commission is neither a court nor a tribunal.[1]

The mandate has no specified end date, and reporting obligations extend to both the Human Rights Council and the General Assembly each year.[1] This continuing structure allowed the inquiry to move from an initial review of earlier findings to reports on occupation and annexation.[6][3] Later reporting addressed the October 2023 attacks, Israeli military operations in Gaza, detainees, hostages and medical facilities.[7][8] Subsequent reports examined land and housing and violence by state and non-state actors.[9][10]

The Human Rights Council established the commission on 27 May 2021 through resolution S-30/1, following that month's Israel–Gaza conflict, known as Operation Guardian of the Walls.[11] The resolution passed with 24 votes in favor, nine against and 14 abstentions.[11] The inquiry's reference date of 13 April 2021 encompassed the period of rising tensions associated with al-Aqsa Mosque and Sheikh Jarrah, followed by the conflict and unrest inside Israel.[11] Its founding instructions also required investigation of recurrent tensions and prolonged conflict, ensuring that its work would not be confined to the May confrontation.[1]

On 22 July 2021, the Human Rights Council president announced the appointment of Navi Pillay of South Africa as chair, Miloon Kothari of India and Chris Sidoti of Australia.[4] Pillay was a former UN High Commissioner for Human Rights, having served from 2008 to 2014; Kothari and Sidoti were the other two original appointees.[12] The appointments established the three-member leadership that oversaw the commission's early reports.[13]

The first report, A/HRC/50/21, was an 18-page document dated in May 2022 and released publicly on 7 June.[14][6] Administrative and financial constraints led the commission initially to concentrate on findings and recommendations from earlier investigations rather than undertake a comprehensive new investigation of every issue within its remit.[2] It described the report as primarily an overview of the broad range of violations and abuses at the heart of the conflict.[6] Its preparatory work included consultations and hearings, two missions to Geneva and one to Jordan.[15]

The June 2022 report identified Israel's continued occupation of Palestinian territory and discrimination against Palestinians as key underlying causes of recurring tensions, instability and prolonged conflict.[15] It also identified impunity, forced displacement and threats of displacement, home demolitions, settlement construction and expansion, settler violence and the Gaza blockade as contributing factors.[15] The report examined the implementation of earlier recommendations and concluded that many had not been carried out, including accountability recommendations concerning Israeli violations and Palestinian armed groups' indiscriminate rocket fire into Israel.[15]

Other subjects covered in the initial reporting included violence by security forces and settlers, particularly against women and girls; evictions; planning and zoning; the Nation-State Law; restrictions on family unification; and the designation of human-rights organizations as terrorist organizations.[2] The report also addressed Palestinian Authority human-rights violations and Hamas's record, although most recommendations were directed toward Israel.[16] It called on Gaza's de facto authorities and Palestinian armed groups to end attacks on Israeli civilians and actions capable of spreading terror among Israel's civilian population.[6]

A report transmitted to the General Assembly in September 2022 examined the Israeli occupation, purported de jure and discernible de facto annexation, the implications for Palestinian human rights and the resulting legal consequences.[17] The commission's first substantive report was published on 20 October and presented to the General Assembly's Third Committee on 27 October.[3][18] It concentrated mainly on the West Bank and East Jerusalem, with discrimination against Palestinian citizens of Israel identified as a subject for later examination.[3]

The commission concluded that the occupation had become unlawful because of its effectively permanent character, citing settlements and other facts on the ground as evidence of irreversibility.[3] Its discussion included alleged home demolitions and property destruction, excessive force, mass incarceration, settler violence and insufficient law enforcement, movement restrictions, and limits on access to livelihoods, services, basic needs and humanitarian assistance.[3] Particular attention was given to women and children and to conditions the commission described as creating a coercive environment that could drive Palestinians from their homes.[3][19]

The 2022 recommendations included requesting an International Court of Justice advisory opinion, prioritizing the International Criminal Court's investigation and prosecuting those responsible for violations.[3][18] The proposed advisory opinion concerned the legal consequences of the occupation and the obligations arising for third states and the United Nations.[7] Pillay said the commission had not identified Israeli actions intended to end the occupation, including in relation to a two-state solution, and cited statements by Israeli officials as evidence of an intention to make it permanent.[19]

A report published on 5 September 2023 examined the use of force by Israel, Hamas and other Palestinian armed groups in Gaza during a period beginning in May 2021 and ending on 31 July.[20] The commission determined that neither the Israeli government nor Palestinian armed groups had taken sufficient measures to avoid civilian casualties.[20] It also concluded that Israeli forces had used lethal force without justification under international human-rights law in the May 2022 killing of Palestinian-American journalist Shireen Abu Akleh.[20]

On 10 October 2023, the commission announced that it was collecting and preserving evidence of alleged war crimes committed by all sides since 7 October.[21] It said its investigation would seek to identify those responsible, including people with command responsibility, and that it would continue sharing information with relevant judicial authorities, particularly the International Criminal Court.[21] The statement called for hostages to be released and civilians protected.[21] In November, Pillay said the commission would investigate allegations of sexual violence during the 7 October attacks and planned a public call for evidence, with the intention of passing relevant material to the International Criminal Court.[22]

On 12 June 2024, the commission issued its first in-depth findings on the 7 October attacks in Israel and subsequent Israeli military operations through 31 December 2023.[23] Report A/HRC/56/26 was accompanied by two detailed conference-room papers: a 59-page paper on attacks in Israel and a 126-page paper on military operations and attacks in the Palestinian territory.[8] The investigation in Israel covered attacks on several civilian targets, an attack on one military base, and rocket and mortar attacks.[24]

The commission attributed war crimes to Hamas's military wing and six other Palestinian armed groups during the 7 October attack.[23] Its findings described deliberate killing, injury and mistreatment, hostage-taking, sexual and gender-based violence, and participation by members of Palestinian groups and civilians.[25] The report also described the desecration of corpses and the treatment of women and their bodies as trophies of victory.[25] Its account of Israeli operations alleged war crimes including starvation as a method of warfare, murder or wilful killing, and intentionally directing attacks against civilians.[25]

The commission further alleged crimes against humanity by Israeli authorities, including extermination, murder, gender persecution targeting Palestinian men and boys, forcible transfer, and torture or cruel and inhuman treatment.[25] Its June findings also addressed Israeli forces and settler violence in the West Bank.[23] A report transmitted in September 2024 examined the treatment of detainees and hostages and attacks on medical facilities and personnel between 7 October 2023 and August 2024.[26]

The September 2024 reporting also referred to the International Court of Justice's July 2024 advisory opinion concerning the unlawfulness of Israel's continued presence in the Palestinian territory.[7] The commission called on Israel to end the occupation and urged member states not to provide aid or assistance in maintaining it.[7] It further urged states to distinguish between Israel and the Palestinian territory in their dealings.[7]

All three original commissioners resigned in 2025.[13] The announced effective dates were 31 October 2025 for Kothari and 3 November for Pillay and Sidoti.[13] The subsequent commissioners page lists Srinivasan Muralidhar of India as chair, Florence Mumba of Zambia and Sidoti, who was reappointed in 2025; Pillay and Kothari are listed as former commissioners.[27]

A report transmitted in August 2025 examined land and housing in Israel and the Palestinian territory and summarized the commission's findings on genocide.[9] On 16 September, the commission concluded that Israeli authorities and security forces had committed four of the five acts defined in the 1948 Genocide Convention during the period from 7 October 2023 through 31 July 2025.[28] It identified killing, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about physical destruction, and imposing measures intended to prevent births.[28]

The commission said statements by Israeli civilian and military authorities, together with the pattern of conduct, indicated an intent to destroy Palestinians in Gaza in whole or in part.[28] It said it had assessed both the underlying acts and specific intent, applying an only-reasonable-inference standard that it attributed to the International Court of Justice's Bosnia v. Serbia case.[28] The conclusion was subsequently referenced by sponsors of a House resolution introduced in November 2025.[9]

In presenting a report on non-state actors on 15 June 2026, the commission addressed attacks by settlers in the West Bank and by Hamas and other armed groups in Gaza and the West Bank.[10] It reported that settlers killed at least 15 Palestinians and injured at least 1,296 between 1 January 2025 and 30 April 2026, including at least eight Palestinian civilians killed during the first four months of 2026.[10] For 2024–2025, it identified 249 cases of executions and severe physical violence in a surge of punitive violence, resulting in at least 108 deaths and 384 injuries, and said Hamas-affiliated forces were involved in at least 60 incidents.[10]

On 23 June 2026, the commission submitted a 94-page conference-room paper titled “The essence of childhood has been destroyed”: Israel's deliberate targeting of Palestinian children in the Occupied Palestinian Territory since 7 October 2023.[29] Its 26 October report to the General Assembly examined killings and bodily and mental harm by state actors.[30] The commission reported 254 Palestinian deaths from airstrikes in the West Bank between 7 October 2023 and 30 September 2026, compared with six between 2008 and 6 October 2023.[31]

The October report alleged continuing genocidal acts in Gaza and crimes against humanity, including extermination, persecution, torture, rape and other sexual violence in the Palestinian territory.[31] It also reported that 34,176 Palestinians remained displaced in the West Bank in August 2026 following military operations that began in January 2025.[30] Its account described continuing alleged violations despite the Gaza ceasefire that began in October 2025, and reported an increase in the area under Israeli control from 53 percent to 60 percent.[31] For the period discussed, it cited at least 196 Palestinian deaths, including 18 women, 32 boys and 11 girls.[31]

Resolution S-30/1 directs the commission to collect, consolidate and analyze evidence and systematically record and preserve information, documents and other relevant material.[1] The specified forms of evidence include interviews, witness testimony and forensic material, handled in accordance with international-law standards.[4] The commission must establish relevant facts and circumstances, document and verify information, identify responsible parties where possible and assess patterns across time and earlier investigations.[4]

Its verification functions may involve field engagement and cooperation with judicial bodies or other entities.[4] The mandate links evidence-gathering to recommendations on accountability and justice for victims, including individual and command responsibility.[4][5] It also requires recommendations on steps third states should take to ensure respect for international humanitarian law in the Palestinian territory, including East Jerusalem.[4] Annual reports go to the Human Rights Council and the General Assembly, beginning with their fiftieth and seventy-seventh sessions respectively in 2022.[4]

The commission's published procedures describe first-hand interviews with victims and witnesses, requests for information from states and UN bodies, and engagement with civil society, media and other stakeholders.[1] Secondary sources and open-source material form additional parts of its information-gathering process.[1] Its procedures state that inculpatory and exculpatory information are to receive equal treatment, collected material is to be stored securely, and external use depends on providers' consent.[1]

The commission describes its approach as victim-centered but cannot provide physical or legal protection to people who supply information.[1] Its ability to share material with competent courts and tribunals is subject to fairness, due-process and human-rights safeguards.[1] Although evidence may assist prosecutors or other proceedings, the commission cannot initiate legal cases itself.[1] Identification of potential responsibility therefore serves an investigative and referral function rather than constituting a criminal conviction.[1]

For the June 2024 investigation, the commission said it conducted interviews remotely and during a mission to Turkey and Egypt.[23] Its evidentiary base included thousands of open-source items that it said had been verified through forensic analysis, hundreds of submissions, satellite imagery and forensic medical reports.[23] It also described meetings with more than 70 victims and witnesses, over two thirds of them women, and consultation with sources inside Israel, the Palestinian territory and elsewhere.[8] The standard it identified for those findings was “reasonable grounds to conclude.”[8]

Access to the areas under investigation has been a significant operational issue.[2][8] Israel did not cooperate with the commission or grant it access to Israel or Palestinian-controlled areas in the West Bank and Gaza for the first report.[16] The commission subsequently said Israel had obstructed its 2024 investigation and denied it access to Israel and the Palestinian territory.[23] In November 2023, Pillay anticipated difficulty obtaining Israeli-held evidence concerning sexual violence because of Israel's noncooperation.[22]

The inquiry also invited submissions from individuals and organizations.[32] JIMENA submitted about 300 pages of testimony from Jewish refugees from North Africa and the Middle East, placing Jewish refugee experiences among the material submitted for consideration under the broad root-causes mandate.[32] JIMENA said these testimonies were not addressed in the commission's first report.[32] The commission's procedures permit such civil-society contributions alongside official records, interviews and other documentary material.[1]

Funding comes from the UN regular budget.[1] For 2022, the General Assembly authorized 18 Secretariat positions, including investigators, analysts and legal experts, and allocated US$4,151,800.[1] The commissioners themselves were appointed as independent and impartial experts serving on a pro bono basis.[1] The commission remained listed as an active Human Rights Council-mandated investigative body from 27 May 2021 onward.[33]

The mandate's combination of continuing investigations, evidence preservation and annual reporting gives the commission a role extending beyond a single conflict or incident.[1] It can examine recurring practices and historical patterns while also documenting later episodes of violence.[1] That scope is reflected in the progression from its initial review of earlier recommendations to detailed investigations of the October 2023 attacks, Gaza military operations, hostage and detainee treatment, and subsequent state and non-state violence.[2][10]

Its accountability function connects investigative reporting with possible proceedings elsewhere.[1] The commission has explicitly identified the International Criminal Court as a recipient of relevant information and has recommended that the court prioritize its investigation into the situation in the Palestinian territory.[18][21] Recommendations concerning an International Court of Justice advisory opinion likewise placed the legal consequences of occupation and third-state obligations within its reporting agenda.[7]

The inquiry's reports have addressed the conduct of Israeli authorities, Palestinian armed groups, the Palestinian Authority and settlers, with findings covering attacks on civilians, hostage-taking, rocket fire, displacement and alleged unlawful military conduct.[2][8] Its June 2024 investigation documented its assessment of Hamas-led attacks on Israeli civilians alongside its allegations concerning Israel's military response.[25] Its 2026 non-state-actor reporting extended the record to punitive violence involving Hamas-affiliated forces and attacks by settlers.[10]

The commission's institutional importance nevertheless rests on documentation, legal analysis and recommendations rather than adjudication.[1] Its conclusions about occupation, war crimes, crimes against humanity and genocide are the conclusions of an expert investigative body, not judgments issued by a court.[1][28] Evidence preserved through its work may be relevant to national or international prosecutors, but any legal proceedings operate through separate competent institutions.[1]

Israel has repeatedly rejected the commission's mandate and conclusions as biased, while maintaining a policy of nonengagement.[2][20] Ambassador Meirav Eilon-Shahar rejected the chair's request for cooperation on 17 February 2022.[34] The Biden administration said it deeply regretted the commission's establishment and argued that such actions did not contribute to peace, while the United States also criticized the inquiry's focus on Israel.[11][3] In June 2022, 22 countries led by the United States criticized the Human Rights Council's “long-standing, disproportionate attention” to Israel.[13]

Disputes have also concerned composition and evidence.[18][35] In a 2022 interview, Kothari questioned why Israel was a UN member and claimed that a Jewish lobby largely controlled social media; Pillay defended him after criticism.[13][18] JIMENA stated that its Jewish refugee testimonies were not reflected in the first report.[32] Critics have argued that the inquiry's reporting inadequately accounted for Palestinian terrorism, Israel's security needs and Hamas's use of human shields; Pillay defended the work as grounded in international law and said it also condemned Palestinian organizations' violations against civilians.[19][8]

NGO Monitor argues that the first report relied on flawed or politically biased sources and omitted relevant context.[35] UN Watch disputes the methods and evidentiary conclusions of the June 2026 paper concerning Palestinian children.[29] Reporting on the October 2026 findings also noted that testimony cited by the commission could not be independently verified by the Associated Press.[31]

Israel rejected the 2024 allegations concerning its military operations, saying its forces operate in accordance with international law, and rejected the September 2025 genocide report as distorted and false.[25][36] It subsequently called for the commission's dissolution and described the October 2026 report as a misinformation campaign intended to demonize Israel.[31] These disputes concern substantial legal and evidentiary assessments: the commission's genocide determination and other criminal-law conclusions remain investigative findings, not court judgments.[1][28]