The UN’s newly released Commission of Inquiry accusing Israel of genocide is deeply flawed and has provided a dangerous weapon in the hands of those who are intent on demonising the Jewish state. The UN has long demonstrated bias against Israel, however this report reaches a new low and must be outright rejected.
Israel is not committing genocide. The report is factually in error, politically biased, and is unable to prove specific intent required legally for genocide. The report ignores Hamas’s role and tactics in the conflict, underplays the October 7th massacre, and relies heavily on quotes from anyone opposed to Israel. It is more of a political advocacy document than a credible legal finding.
In this article, we break down why the report by the Pillay Commission appointed by the UN Human Rights Council Commission of Inquiry is seriously flawed.
1. The commission is not a court and it has no legal authority
The commission is a fact-finding body and its conclusions do not apply judicial standards. In other words, for the genocide claims to be proven it must meet a legal threshold and be adjudicated in a recognised court. The UN Commission’s findings have no legal weight, even if it sadly carries political weight.
2. Genocide requires very specific intent
Under the 1948 Genocide Convention, the prosecution must prove specific intent to destroy, in whole or in part, the protected group. Genocidal intent is established only when there is no other reasonable explanation for the acts. The commission’s findings rest mostly on inflammatory rhetoric and the effects of normal wartime consequences. For example, Israel’s military strategy, the targeting of Hamas, and even ‘mistakes’ could all account for civilian deaths, but do not demonstrate genocidal conduct. Evidence of widespread civilian casualties, extensive destruction, or inflammatory rhetoric is insufficient in claims of genocide. What is required is proof that deaths and suffering were the result of a deliberate policy to exterminate a people.
3. The methodology was flawed
The commission relied heavily on Hamas-supplied data, despite the terrorist group having a long record of exaggerating civilian deaths. It also depended on testimony from voices in Gaza without equal access to Israeli witnesses or documents. It cherry-picked statements by Israeli figures taken out of context. It relied on biased media reports (such as by Al-Jazeera) while ignoring all IDF data. It also didn’t properly consider Hamas’s tactics such as placing its terror sites in civilian areas, such as weapons in schools, tunnels under hospitals, and command posts inside mosques, thus creating human shields; and embedding itself among civilians, such as disguising themselves as civilians in order to complicate targeting. In fact, it completely omits the documented war crimes and evil ideology of Hamas, which the IDF is fighting against. The report does not recognise Israel’s operational efforts to avoid civilian casualties; rather, the report gives the impression that IDF is deployed against women and children, and not an estimated 30,000-strong Hamas force in Gaza. The report also downplayed the atrocities of October 7, 2023, which is what caused Israel to take military action, and makes no mention whatsoever of the Israeli hostages. Nor does it explain Hamas’s 17-year military buildup and terrorism investment in Gaza.
4. The individuals behind the commission breach UN impartiality
The slander against Israel began within the UN much earlier than October 7, 2023. In fact, in May 2021 Pakistan and the PLO convened an urgent session that resulted in the creation of the Commission of Inquiry targeting Israel, tasked with investigating “root causes” of the conflict and “systematic discrimination.”
HonestReporting has revealed who is behind the commission.
Navi Pillay, the chair of the commission, has lobbied governments to “Sanction Apartheid Israel!”
Commissioner Miloon Kothari sparked global outrage when, in an interview, he ranted about “the Jewish lobby” and questioned Israel’s right to be a member of the United Nations. Kothari was called out for antisemitism by 20 governments, and even by the UN Secretary General.
Chris Sidoti, the third commissioner, is affiliated with a group that calls for boycotting Israel. In July 2022, he told the council that some Jews were “throwing around accusations of antisemitism like rice at a wedding.”
It is clear why all three commissioners were appointed to undertake the report. All three commissioners resigned their posts in July 2025, but this commission was their final parting report, says Honest Reporting.
5. It ignores the obvious
The commission also ignores the fact that Hamas has the power to stop the suffering of Gazans if it released all hostages and surrendered control of Gaza. This factor alone is virtually unprecedented in the history of genocide. By creating a false narrative that all suffering in Gaza is Israel’s responsibility, it excuses Hamas’s terrorism and risks emboldening Hamas’s aims.
CLICK HERE FOR A FULL LEGAL REBUTTAL by UN Watch, an NGO that exposes bias at the United Nations.
