HRC57 Statement on GD Item 7: Child Rights Connect strongly condemns the grave violations against children in the Occupied Palestinian Territory and Israel

It is with profound sorrow that Child Rights Connect together with its Working Group on Children in Armed Conflict, once again finds itself compelled to strongly condemn the atrocities, violence and grave violations against children witnessed in the context of armed conflict in the Occupied Palestinian Territory (OPT) and Israel. We wish to start this statement with the words from a Palestinian child, who is part of our network, to remind everyone of the responsibility that each of us carry as bystanders:

“I am a Palestinian refugee child who was deprived of my most basic rights before I was born. I decided to write in an attempt to challenge our unjust reality. I decided to write because I am tired of scenes of killing, burning and destruction. I am tired of seeing refugee tents burned and our souls stolen. I am tired of seeing hunger sweeping the people of Gaza. I am tired of seeing children become skeletons from hunger. I am tired of news of torture. I am tired of the occupation.”

We grieve deeply the unimaginable toll that this has taken on children. We stand alongside UN human rights mechanisms including the Committee on the Rights of the Child (CRC Committee) in condemning the parties responsible and the enablers of this ongoing cycle of violence putting the entirety of children’s rights as protected by the UN Convention on the Rights of the Child (UN CRC) and other international human rights and humanitarian law at risk. In aligning  with the recommendations of the CRC Committee, we wish to remind Israel with urgency that there is no question on its obligation to apply and respect the Convention on the Rights of the Child in the OPT.[1]

Next week marks a full year of continuous brutality and cruelty, which has been highly concentrated in Gaza but extends to the rest of the OPT and Israel. If almost a year ago, Gaza was already described by UNICEF as a graveyard for thousands of children, words fail us to describe the horror children endure on a daily basis today.[2] Over 41,272[3] Palestinians have been killed since October last year, two thirds of the fatalities in Gaza have been women and children.[4] According to the WHO in Gaza a child is killed every 10 minutes.[5] We join the Committee on the Rights of the Child in condemning the high number of children in Gaza killed, maimed, injured, missing, displaced, orphaned and subjected to famine, malnutrition and disease, as a result of Israel’s indiscriminate and disproportionate attacks. Children are suffering life-altering injuries from excessive violence and long-term impact on their mental health and well-being, with ten children losing at least one limb each day.[6] More than 20,000 children are estimated to be missing[7] under the rubble of destroyed buildings, indicating that the true death toll is much higher. They must be found. For the children who have been killed, their deaths must be formally marked, their families informed, and accountability sought.

In addition, many of the children who have disappeared are feared to have been detained, mostly without charge or trial, where reported violence and abuse of children could amount to torture.[8] We join the CRC Committee in being deeply concerned about the continued abduction, arbitrary arrest, and prolonged detention of large numbers of Palestinian children by Israeli forces, mostly without access to legal representation or contact with family members.[9]

This reminder should not be needed; however, we stress that International Humanitarian Law (IHL) prohibits, at all times, the deliberate killing and inhumane treatment of civilians, attacks on schools and hospitals, the denial of humanitarian assistance and the taking of hostages. These acts may constitute war crimes. An immediate and definitive ceasefire and the application of the recent UN General Assembly resolution on 18 September 2024 calling on Israel to bring to an end without delay its unlawful presence in the OPT are the only ways to save lives in Gaza and end, what is being examined by the International Court of Justice as a genocide. Despite the adoption of UN Security Council Resolution 2735 on 10 June 2024, which proposes a comprehensive three-phase ceasefire deal to end the conflict in Gaza, no effective ceasefire has been implemented on the ground. The Government of Israel and de-facto authorities and armed groups in the OPT are obliged by IHL and the UN Convention on the Rights of the Child (UNCRC) to ensure that all measures are taken to protect children from the harmful impact of the conflict.

We urgently call for:

  • An immediate and definitive ceasefire and for the implementation of the UNGA resolution on 18 September 2024, calling on Israel to bring to an end without delay its unlawful presence in the Occupied Palestinian Territory.
  • Parties to the conflict must take all steps to protect civilians and civilian infrastructure, ensure respect for IHL and international human rights law (IHRL), and ensure accountability for violations occurred to date.
  • All States must immediately halt the transfer of weapons, parts, and ammunition to Israel and Palestinian armed groups while there is significant evidence that they are used to commit or facilitate serious violations of IHL or IHRL.
  • Ensure that no child come in contact with a military court, or any court that lacks comprehensive fair trial rights and basic safeguards for children. There must be a moratorium on the detention of Palestinian children and the release of all children who are already detained. In the meantime, Israel must allow immediate, unfettered access for the ICRC, legal counsel, and human rights experts to visit detainees. All those detained must have immediate access to their families and must be protected from practices that could amount to torture and other cruel, inhuman, or degrading treatment or punishment. Records of people detained or arrested must be preserved, and identification documents must not be confiscated from those detained.
  • Every child should have access to the humanitarian aid they need to survive and thrive. The denial of humanitarian assistance is a grave violation against children. All humanitarian organisations must have safe access to reach and assist children and their families.
  • Children must be able to access the medical assistance they need, without being separated from their families, and their right to return must be guaranteed. Children must have safe and uninterrupted access to education. The Government of Israel should immediately end attacks on education and endorse and fully implement the Safe Schools Declaration. All parties to the conflict must respect the protected status of schools and not use schools as battlegrounds.
  • The release of all hostages.
  • The Government of Israel to ensure families and unaccompanied and separated children can seek safety in the West Bank should they choose to. Families’ right to return must be guaranteed and upheld.
  • All parties to the conflict to cooperate with accountability mechanisms at the international level, including the ICC, and ensure all victims’ rights to truth, justice and reparations. The Government of Israel and all Member States must uphold all orders from the ICJ to take all possible steps to prevent the killing and physical and mental harm of civilians in Gaza, and refrain from actions that undermine the provisional measures ordered by the ICJ. This includes ensuring that evidence is preserved and ceasing hostilities.
  • The establishment of a formal mechanism to monitor and report violations of children’s rights in Israel and the OPT. All States must work with international human rights actors and accountability mechanisms – both judicial and non-judicial – to address and prevent grave violations agains children, including the killing and maiming of children, attacks on schools and hospitals, abduction, and the denial of aid. The Government of Israel must facilitate thorough and independent investigations into alleged violations of IHL and IHRL. There must be an independent investigation into mass graves, which gathers evidence and informs families about the fate of their loved ones, allowing for proper mourning and burial rites.

The entire global community should move beyond words and toward decisive action. Let us not forget that the core mission of the United Nations is to uphold international peace and security, promote the well-being of people worldwide, and foster meaningful international cooperation to achieve these goals. If we, as a global collective, cannot unite to end the atrocities endured by children in Palestine, we must reflect on the true purpose of our efforts and our presence here. Children are looking at this Council for action, not for words of sympathy.

A shorter version of this statement was delivered jointly with the CRCnt Working Group on Children in Armed Conflict on 2 October 2024 during the 57th Human Rights Council Session during the General Debate on Item 7, of which the recording can be consulted here.

[1] https://www.un.org/unispal/wp-content/uploads/2024/09/CRC_C_ISR_CO_5-6_59808_E-1.pdf

[2] https://www.unicef.org/press-releases/gaza-has-become-graveyard-thousands-children

[3] https://www.ochaopt.org/

[4] https://press.un.org/en/2023/sc15503.doc.htm

[5] https://www.theguardian.com/world/video/2023/nov/11/one-child-killed-in-gaza-every-10-minutes-on-average-says-who-chief-video

[6] https://www.savethechildren.net/news/gaza-more-10-children-day-lose-limb-three-months-brutal-conflict

[7]https://opt.savethechildren.net/ar/node/126#:~:text=%D9%8A%D9%88%D9%86%D9%8A%D9%88%202024%20%2D%20News-,GAZA’S%20MISSING%20CHILDREN%3A%20OVER%2020%2C000%20CHILDREN%20ESTIMATED%20TO%20BE%20LOST,RUBBLE%20OR%20IN%20MASS%20GRAVES

[8] https://www.ohchr.org/en/press-releases/2024/07/un-report-palestinian-detainees-held-arbitrarily-and-secretly-subjected

[9] https://www.un.org/unispal/wp-content/uploads/2024/09/CRC_C_ISR_CO_5-6_59808_E-1.pdf