GENEVA - The UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel expresses its grave concern at credible reports that Dr. Hussam Abu Safiya, a Palestinian doctor and Director of Kamal Adwan Hospital in the Gaza Strip, has been subjected to continued and severe abuse since his detention by the Israeli authorities in December 2024.
The Commission calls for the immediate, unconditional and safe release of Dr. Abu Safiya and of all medical personnel held in arbitrary detention by Israel. It also urges the Israeli authorities to provide immediate independent medical care for Dr. Abu Safiya.
The continued arbitrary detention of Palestinian medical personnel and the severe mistreatment they are subjected to are deplorable and flagrant violations of international law. The actions of the Israeli Prison Service guards towards Palestinian detainees raise grave concerns of violations of international law that likely amount to international crimes. Dr. Abu Safiya's medical condition is the direct result of these actions. The Commission underscores that persons deprived of liberty are protected against murder, torture and cruel, inhuman or degrading treatment and sexual violence.
The Commission observes that the reported conduct of the Israeli authorities towards Dr. Abu Safiya reflects a broader pattern of violations previously identified in the Commission's reports. The Commission found that Israeli security forces deliberately killed, wounded, detained, and severely mistreated medical personnel, constituting the war crimes of wilful killing and torture and the crime against humanity of extermination.
The military operations against medical personnel were found to be part of a concerted policy to destroy the health-care system of Gaza. The Commission also found that the Israeli authorities committed the crime of genocide through the policy of targeting the healthcare system and medical professionals in Gaza since October 2023, intentionally forcing Palestinians to live without access to crucial medical care, consequently killing many and causing further irreparable harm which prevented their capacity and possibility to heal, recover and live.
The Commission urges the Israeli authorities to release Dr. Abu Safiya and all arbitrarily detained Palestinians. The State of Israel must adhere strictly to international humanitarian law and international human rights law.
The Commission reiterates its intent on ensuring legal accountability, including individual criminal and command responsibility. To that end, the Commission is committed to investigating alleged violations of international law and identifying those responsible, and will continue sharing information collected with relevant judicial authorities.
