Chapter Eight: Conclusions and Recommendations
Chapter 8: CONCLUSION AND RECOMMENDATIONS (pp. 283-294)
This chapter presents Amnesty International’s overall conclusion based on the report’s findings and provides a comprehensive set of recommendations to various actors.
8.1 CONCLUSION (p. 283)
- Finding of Genocide: Through its research and legal analysis, Amnesty International (AI) has found sufficient basis to conclude that Israel committed, during the nine-month period under review (7 October 2023 - early July 2024), prohibited acts under Articles II (a), (b), and (c) of the Genocide Convention. These acts are:
- Killing Palestinians in Gaza.
- Causing serious bodily or mental harm to Palestinians in Gaza.
- Deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction in whole or in part.
- Specific Intent: AI also found sufficient basis to conclude that these acts were committed with the specific intent to destroy Palestinians in Gaza, as such, who form a substantial part of the Palestinian population (a protected group under the Convention).
- Overall Conclusion: Therefore, AI concludes that Israel, through its policies, actions, and omissions against Palestinians in Gaza following 7 October 2023, committed and is committing genocide.
- Ongoing Violations & Need for Further Investigation: AI notes it is unaware of evidence suggesting Israel’s policies have significantly changed since the research period. The commission of genocide engages Israel’s responsibility under the Genocide Convention. Further investigations and determinations by judicial and non-judicial bodies (ICJ, UN Independent International Commission of Inquiry) are warranted.
8.2 RECOMMENDATIONS (pp. 283-294)
AI makes a range of recommendations to urgently end the commission of prohibited acts, prevent future acts, and ensure justice, accountability, and full reparation.
- 8.2.1 Israeli Authorities (pp. 284-288):
- Acts of Genocide:
- Immediately stop committing prohibited genocidal acts.
- Prevent further commission of such acts by any state organ.
- Suspend, investigate, and prosecute officials suspected of responsibility for genocide or related crimes.
- Cooperate fully with ICJ proceedings, including complying with all provisional measures.
- Engage fully with international investigations into genocide.
- Humanitarian Situation:
- Agree to and uphold an immediate, sustained ceasefire.
- Protect and facilitate humanitarian access and delivery of aid.
- Allow unhindered passage of all essential supplies (food, water, medicine, fuel, electricity).
- Urgently improve the humanitarian situation and reverse policies that led to its deterioration.
- Ensure basic needs (water, food, housing, essentials, electricity, fuel) are met.
- Allow forcibly displaced Palestinians to return to their areas of residence and enable urgent reconstruction.
- Allow free passage of civilians within Gaza.
- Ensure aid workers can safely access damaged infrastructure for repairs.
- End punitive cuts to essential services.
- Allow patients needing urgent treatment to access healthcare outside Gaza and return.
- Conduct of Hostilities:
- End and refrain from all conduct amounting to crimes under international law.
- Respect and implement all IHL rules.
- Suspend personnel suspected of serious IHL violations pending investigations.
- Conduct prompt, impartial, independent, and effective investigations into alleged war crimes and crimes against humanity.
- Ensure legal frameworks enable effective investigation and prosecution of international crimes, with no statute of limitations or immunity.
- Provide full and effective reparations to victims.
- Apartheid, Occupation, Blockade:
- End the system of apartheid against Palestinians.
- End the unlawful occupation of the OPT (West Bank, East Jerusalem, Gaza) in line with the ICJ advisory opinion of July 2024.
- Lift the unlawful blockade of Gaza and remove all associated arbitrary restrictions.
- End arbitrary movement restrictions.
- Allow Palestinians access to natural resources in Gaza.
- Ensure Palestinians in Gaza have access to their social and economic rights.
- Recognize the right of Palestinian refugees to return and receive restitution/compensation.
- Acts of Genocide:
- 8.2.2 Hamas and Other Palestinian Armed Groups (pp. 288-289):
- Immediately and unconditionally release civilian hostages.
- Ensure all captives are treated humanely and visited by the ICRC.
- Respect and implement all applicable IHL rules, particularly those protecting civilians, and avoid locating military targets in or around densely populated areas.
- Agree to and uphold an immediate, sustained ceasefire.
- Protect and facilitate humanitarian access.
- 8.2.3 Authorities of State of Palestine (p. 289):
- Expedite impartial, independent, and effective investigations into alleged crimes under international law by Palestinian armed groups, bringing suspects to trial in proceedings meeting international standards (without recourse to the death penalty).
- Ensure domestic legal frameworks enable such investigation and prosecution, with no statutes of limitations or immunity.
- 8.2.4 Third States (pp. 289-291):
(Especially those with influence over Israel like USA, UK, Germany, EU members)
- Take urgent steps to end Israeli actions in Gaza amounting to genocide, ensuring Israel implements ICJ provisional measures.
- Do not render aid or assistance in maintaining the unlawful occupation and apartheid system.
- Oppose any attempts by Israel to establish a permanent military presence in Gaza, alter its borders, or shrink its territory. Egypt should work towards reopening Rafah crossing.
- Immediately suspend all direct/indirect arms transfers to Israel.
- Adopt policies to ensure private entities cease providing military services/supplies used by Israel in Gaza.
- Urgently act to ensure justice and accountability for alleged international crimes in Gaza (e.g., through universal jurisdiction, supporting ICC investigations, pressuring Israel to allow access for investigative bodies).
- Cooperate with other states and international justice mechanisms.
- Ensure domestic legal frameworks enable investigation and prosecution of international crimes.
- Pressure Israel to allow entry to international investigative mechanisms.
- Use all diplomatic and economic tools to ensure Israel implements the report’s recommendations. (For states with influence over Hamas and other Palestinian armed groups):
- Immediately suspend arms transfers to these groups.
- Urgently act to ensure justice and accountability for their alleged international crimes.
- 8.2.5 Office of Prosecutor of ICC (p. 292):
- Urgently consider the commission of genocide by Israeli officials in the ongoing investigation.
- Expedite investigations and apply for arrest warrants where appropriate, including for genocide.
- Promptly investigate and prosecute apartheid as a crime against humanity.
- Where offences against the administration of justice occur, consider charges.
- Request adequate resources from the Assembly of States Parties.
- Publicly support Palestinian NGOs and condemn attacks on them.
- Ensure protection for victims and witnesses.
- Undertake effective outreach to affected communities.
- Consider cooperating with national authorities under complementarity principles.
- 8.2.6 UN Bodies (pp. 293-294):
- Security Council:
- Adopt a resolution for an immediate and enduring ceasefire with compliance measures.
- Impose a comprehensive arms embargo on Israel, Hamas, and other Palestinian armed groups.
- Impose targeted sanctions on Israeli and Hamas officials most implicated in international crimes.
- Take steps to advance Israel’s withdrawal from the OPT.
- General Assembly:
- Maintain engagement and meet again if Israel fails to comply with the GA resolution on the ICJ advisory opinion.
- Ensure full funding for UN entities and mandates covering these issues.
- Adopt a resolution to re-establish the Special Committee against Apartheid.
- Human Rights Council:
- Provide the UN Independent International Commission of Inquiry on the OPT and Israel with significant additional resources.
- Fully support the UN database of business activities in Israeli settlements and call for its expansion.
- Security Council:
In essence, Chapter 8 concludes that Israel is committing genocide in Gaza and provides a comprehensive roadmap of actions for Israel, Palestinian entities, third states, and international bodies to stop the genocide, ensure accountability, alleviate the humanitarian catastrophe, and address the root causes of the conflict, including the occupation and apartheid.