by explore | 2025-09-17 14:33:06+00:00
UN Watch Rebuttal: Legal Analysis of Pillay Commission’s September 2025 Report to Human Rights Council

"This rebuttal examines the central defects of the UN report (the “Report”) issued by the Commission of Inquiry (the “Commission”). It shows why the evidence presented cannot sustain a finding of genocide under international law. A summary of its main deficiencies are as follows:

1. Failure to prove dolus specialis: The specific intent to destroy a protected group is the central and extremely high bar in any genocide case. The Commission’s claim of genocidal intent fails on this threshold alone, relying on tortured parsing of statements, selective quotations, and conjecture rather than unambiguous evidence.

2. Erasure of Hamas as a belligerent: The report never acknowledges that the IDF is engaged in combat with an estimated 30,000-strong Hamas force in Gaza as well as thousands of fighters from other militant groups. A reader would come away believing the war has the IDF deployed against only women and children, with Hamas erased from the narrative. The Commission makes no attempt to analyze the war itself, because in its alternative version of reality, there is none.

3. Silence on Hamas’s military infrastructure: There is no mention of Hamas’s 17-year military buildup in Gaza, including its vast tunnel network, booby-trapped buildings, and massive arms buildup. By ignoring this reality, the report strips the conflict of its military context and recasts lawful military targets as evidence of genocide.

4. Erasure of Hamas’s use of civilian infrastructure: The Commission ignores Hamas’s openly acknowledged human shield strategy,[2] including its use of mosques, schools, residential buildings, and hospitals to conceal tunnels and weapons. Instead, damage to these sites is consistently portrayed as deliberate targeting of civilians by Israel.

5. No recognition of the hostage crisis: The report omits the fact that Hamas took Israeli hostages and continues to hold them, starve them,[3] and rape them.[4] This omission is consistent with the broader erasure of Hamas as an active actor in Gaza, removing essential context from the Commission’s narrative.

6. Reliance on Hamas-supplied fatality data: Despite Hamas’s long record of exaggerating civilian deaths and its status as a US and EU-designated terrorist organization, its figures are treated as fact while IDF data on combatants killed is ignored.

7. Civilian deaths distorted as evidence of genocide: The report presents civilian casualties as prima facie proof of genocidal intent rather than as tragic and unavoidable consequences of urban warfare, exacerbated by Hamas’s human shield strategy. The Report cites numerous incidents where civilians were killed as intentional and targeted acts by Israel without evidence.

8. Normal wartime consequences treated as crimes: Regular and expected wartime impacts on civilians, such as mental health impacts, difficulty accessing medical care and displacement, are depicted as evidence of genocide rather than inevitable outcomes of urban conflict.

9. Urban devastation portrayed as extermination: Large-scale damage is cited as proof of genocide, ignoring that urban combat inherently produces extensive destruction, particularly when military forces are embedded within civilian areas.

The Commission also ignores the obvious: the suffering of Gazans could be significantly reduced or even ended if Hamas released all hostages and relinquished control of Gaza. The idea that the population experiencing the claimed genocide has the power to stop it but refuses to is unprecedented in the history of actual genocides and exposes a deliberate blind spot in the Report. This omission mirrors the Commission’s broader erasure of Hamas as an active party in the conflict, a group with agency and responsibility, leaving readers with the false impression that all suffering in Gaza is solely Israel’s responsibility."

https://unwatch.org/un-watch-rebuttal-legal-analysis-of-pill...