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UN Human Rights Council Sends Dangerous Message by Failing to Investigate Hamas’ Indiscriminate Rocket Fire and Use of Human Shields

Washington, D.C. – Today, U.S. Bob Casey (D-PA), a member of the National Security Working Group, along with a bipartisan group of 34 Senators condemned the decision by the United Nations Human Rights Council (UNHRC) to launch a one-sided investigation into Israel’s actions during the current conflict while ignoring actions by Hamas that threaten the lives of both Israeli and Palestinian civilians, including indiscriminate rocket attacks and the widespread use of human shields in Gaza.

In a special session last week, the UNHRC voted to approve a resolution introduced by Pakistan establishing a Commission of Inquiry into alleged Israeli war crimes, while neglecting to hold Hamas accountable for human rights violations committed during the conflict.

In a letter to UN Secretary General Ban Ki-moon condemning the unbalanced approach to the human rights investigation, the Senators wrote, “The fact that there was no call for an investigation into actions by Hamas—including indiscriminate and deliberate rocket attacks on Israeli civilians and intentionally putting Palestinians in harm’s way—is clearly irresponsible. The Human Rights Council’s decision was wholly unacceptable as it turned a blind eye to Hamas’ brazen and depraved use of civilians as human shields, the tunnels it has built to cause mayhem in Israel, and its deliberate targeting of civilians... Tragically, such a one-sided approach has inflamed tensions and fueled distrust. This clearly political and biased agenda is not just unproductive—it is destructive.”

The UN has discovered rockets hidden in at least two of its schools in the Gaza Strip, and Hamas has also been known to store rockets in or near hospitals, mosques, and civilian homes. Israel’s military has made every effort to warn Gaza residents of impending strikes on these targets. In response, Hamas has used official media channels to urge residents of Gaza to ignore Israeli instructions to evacuate, while indiscriminately launching hundreds of rockets at Israeli civilians with no warning. Such actions are violations of the Geneva Conventions and reinforce the United States’ and European Union’s designations of Hamas as a terrorist organization.

“Over the past two weeks, Hamas has put Palestinians in danger, refused to adhere to multiple cease-fire agreements, and launched more than 2,000 rockets into Israel. What country could sit idly by without responding? Israel has a right to defend itself against these vicious attacks and has worked assiduously to minimize civilian casualties by warning Gaza residents of impending air strikes,” the Senators wrote.

The Senators reminded the UN Secretary General that the success of Israel’s Iron Dome system in defending Israeli civilians from Hamas rocket attacks does not absolve Hamas of responsibility for human rights violations, noting, “The fact that Israel has effective defenses against the rockets aimed at its citizens is no excuse to overlook Hamas’ hostile behavior. The United Nations has an obligation to unequivocally condemn any and all actions that endanger the lives of civilians. Anything less damages any meaningful efforts to achieve a resolution to this conflict.”

The text of the letter follows:

Dear Mr. Secretary General:

We write to express our profound concern about the response of the United Nations Human Rights Council to the recent tragic events in Israel and Gaza. As Members of the United States Senate, we are chagrined that the Human Rights Council has taken a biased approach—criticizing Israel’s actions while failing to condemn Hamas’ brutal tactics including the use of Palestinian civilians as human shields. 

On Wednesday, the Human Rights Council convened a special session on Gaza and voted to establish a Commission of Inquiry into Israel’s actions during the current conflict. The fact that there was no call for an investigation into actions by Hamas—including indiscriminate and deliberate rocket attacks on Israeli civilians and intentionally putting Palestinians in harm’s way—is clearly irresponsible. The Human Rights Council’s decision was wholly unacceptable as it turned a blind eye to Hamas’ brazen and depraved use of civilians as human shields, the tunnels it has built to cause mayhem in Israel, and its deliberate targeting of civilians.

In addition, UN High Commissioner for Human Rights Navi Pillay accused Israel of “disregard for international humanitarian law and for the right to life” and argued that there was a “strong possibility” Israeli actions “could amount to war crimes.” At the same time, she failed to specifically acknowledge violations of international humanitarian law by Hamas for recklessly endangering the safety of Palestinian men, women, and children as a means to deter Israeli attacks. Such actions are a blatant violation of Additional Protocol I to the Geneva Conventions and reinforce why the United States and the European Union have designated Hamas as a terrorist organization.

We are deeply troubled by these events. Tragically, such a one-sided approach has inflamed tensions and fueled distrust. This clearly political and biased agenda is not just unproductive—it is destructive.

Over the past two weeks, Hamas has put Palestinians in danger, refused to adhere to multiple cease-fire agreements, and launched more than 2,000 rockets into Israel. What country could sit idly by without responding? Israel has a right to defend itself against these vicious attacks and has worked assiduously to minimize civilian casualties by warning Gaza residents of impending air strikes.

The fact that Israel has effective defenses against the rockets aimed at its citizens is no excuse to overlook Hamas’ hostile behavior. The United Nations has an obligation to unequivocally condemn any and all actions that endanger the lives of civilians. Anything less damages any meaningful efforts to achieve a resolution to this conflict.

We look forward to you speaking out clearly on this important matter.

 

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