A recent report by the Independent International Commission of Inquiry on the Occupied Palestinian Territory, presented to the UN General Assembly, has determined that the killing and injury of Palestinian children by Israeli forces constitutes a form of age-based persecution. The commission argues that these attacks represent a broader pattern of intentional violence rather than isolated incidents. Remove settlements and settlers, reverse the confiscation of Palestinian land, and return seized property to its owners, the commission called on Israel to end its unlawful occupation of Palestinian territory.
Nasir Qadri, an international law practitioner and scholar at Koc University, notes that persecution as a crime against humanity involves the severe deprivation of fundamental rights based on discriminatory grounds. By applying this framework to children, the commission has identified age as the specific discriminatory factor in the use of lethal force against minors. The commission warned that this lack of accountability had helped entrench a discriminatory system in which violations against Palestinian children were repeatedly committed with impunity.
To establish its findings, the commission examined seven cases of killings and serious harm occurring in the occupied West Bank between November 2023 and June 2026, documenting six specific instances. In these cases, the victims were found to be unarmed and posing no immediate threat, yet they were targeted without warning. The West Bank finding extends a conclusion previously confined to Gaza. But documenting crimes and securing accountability remain separate challenges. The commission’s conclusions go beyond documenting individual abuses.
One such incident occurred on June 5, 2026, in Hebron, where an Israeli soldier shot into a car, killing a seven-month-old infant and injuring both parents. While the Israeli military claimed the vehicle was accelerating toward their position, the commission concluded that the soldier had a clear, unobstructed view of the occupants from a distance of approximately 10 metres. The family received no medical assistance.
Another case involves a 14-year-old boy killed near the Jenin refugee camp on September 8, 2025. Following rumours of a potential troop withdrawal, local residents—including the victim—returned to check on their homes, at which point Israeli forces arrived and opened fire. The camp itself had been closed by military forces since January 2025, resulting in significant population displacement. Around 50 to 60 residents went back to check on their homes, when rumours spread that troops might be withdrawing.
Data within the report highlights the scale of this impact. Between 2008 and October 6, 2023, six Palestinians were killed by air strikes in the West Bank. In contrast, from October 7, 2023, to September 30, 2026, air strikes resulted in 254 Palestinian deaths. Furthermore, military operations starting in January 2025 caused the largest displacement in the territory since 1967, with 34,176 people still displaced as of August 2026.
The commission also found evidence that Israeli authorities continued to commit genocidal acts in Gaza following the October 2025 ceasefire. Qadri highlights the International Criminal Tribunal for the former Yugoslavia’s Kupreskic case to explain how cumulative acts, which might appear ambiguous individually, can demonstrate a clear pattern of discriminatory intent when viewed together. Which examined the persecution and killing of Bosnian Muslim civilians during the 1993 attack on Ahmici, Bosnia and Herzegovina, qadri points to the International Criminal Tribunal for the former Yugoslavia’s (ICTY) Kupreskic case.
According to Qadri, the commission’s findings add critical weight to the factual record being considered by the International Court of Justice (ICJ) regarding South Africa’s case under the Genocide Convention. This evidence may assist the Court in assessing Israel’s compliance with previous provisional measures orders. “The ICJ is continuing to hear South Africa’s case under the Genocide Convention, and the Commission’s findings on the West Bank add to the factual record the Court can consider when assessing Israel’s compliance with its January 2024 provisional measures order.”.
Legal experts clarify that while war crimes require proof of specific prohibited acts and genocide necessitates proof of the intent to destroy a group, persecution falls under a distinct legal category. It requires a widespread or systematic attack and evidence of discriminatory intent. The commission asserts that it has identified all three elements across the occupied Palestinian territories.
Despite the gravity of these findings, the commission reported that as of September 30, 2026, it was unaware of any effective investigations, disciplinary proceedings, or judicial measures taken against those responsible for the examined cases. “The ICC Pre-Trial Chamber’s arrest warrants for Netanyahu and Gallant mean that the situation in Gaza is already part of active proceedings.
Qadri emphasizes that international law under Article 41 of the Articles on State Responsibility mandates that all states must refrain from recognizing situations resulting from serious breaches of peremptory norms as lawful. He further states that when countries choose not to act despite available evidence, it remains a political, rather than a jurisdictional, choice. But enforcement,” Qadri adds, the main obstacle is not jurisdiction.
The commission ultimately concluded that Israeli forces employed permissive rules of engagement specifically against Palestinians, with a focus on using lethal force against children, even when those individuals approached soldiers in ways that clearly posed no danger. Stopping the car and raising his hands as he approached the soldiers, video footage showed the father slowing down.
