NEW YORK CITY: A UN expert warned on Wednesday that the absence of mechanisms to ensure accountability for grave breaches of international and humanitarian law could undermine the current Gaza peace plan.
“Crimes such as war crimes, crimes against humanity and genocide must not be shielded by amnesties, statutes of limitation or other measures that similarly limit criminal responsibility,” said Bernard Duhaime, the UN special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
“This fundamental principle of international law is essential to prevent impunity and applies equally to all perpetrators.”
Duhaime’s remarks came amid a fragile halt in hostilities between Israel and Hamas, and the release of the remaining Israeli hostages and detained Palestinians. The truce, coupled with the international Gaza Peace Summit in Sharm El-Sheikh on Oct. 13, offered what he described as a “glimmer of hope” for a region long engulfed in conflict.
But he cautioned that peace must be anchored in justice, accountability and inclusivity, and warned that failure to establish a clear framework for justice could render the peace process superficial and unsustainable.
“For the Peace Summit to pave the way for a comprehensive plan for lasting peace in the Levant, there needs to be a strong, long-term transitional justice process,” Duhaime said.
“This must include truth-telling, criminal accountability, reparations, memorialization, and robust guarantees of non-repetition.”
He expressed concern over the lack of specificity in the ceasefire agreement regarding reparations for victims, how the truth about violations will be established, or the ways in which perpetrators on all sides will be brought to justice.
He also highlighted the work of civil society — including Palestinian and Israeli organizations, journalists and human rights defenders — in efforts to document atrocities. Many of these groups
have been subjected to attacks and repression of their work, Duhaime said, as called for them to receive protection and international support to safeguard their work.
“The governance of Gaza cannot be treated in isolation from the also occupied West Bank, including East Jerusalem,” he said, adding that any final agreement must be consistent with rulings by the International Court of Justice, including the obligation on Israel to end its occupation.
Duhaime said a neutral international presence in Gaza was important to protect civilians on all sides from threats posed by state and non-state actors alike.
“A durable resolution to such a conflict demands a bold commitment to justice,” he added. “Only then can a future rooted in peace, dignity, respect and mutual security be finally built.”
He also reaffirmed his readiness to provide technical support to all parties.
Special rapporteurs are part of what is known as the special procedures of the UN Human Rights Council. They are independent experts who work on a voluntary basis, are not members of UN staff and are not paid for their work.
Unclear justice and accountability provisions could derail Gaza peace plan, UN expert warns
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Unclear justice and accountability provisions could derail Gaza peace plan, UN expert warns

- ‘War crimes, crimes against humanity and genocide must not be shielded by amnesties, statutes of limitation or other measures,’ says Special Rapporteur Bernard Duhaime
- Peace process ‘must include truth-telling, criminal accountability, reparations, memorialization, and robust guarantees of non-repetition,’ he adds