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UN leader has 'serious concerns' about international humanitarian law breach amid Israel-Hamas war

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There will be consequences if all actors in the Israel-Hamas war do not respect international human rights law, United Nations High Commissioner for Human Rights Volker Turk is warning, amid concerns about the dire humanitarian situation in Gaza.

In an interview with Â鶹ӰÊÓ' Chief News Anchor Omar Sachedina as news was breaking about an air attack reportedly killing hundreds at a hospital in Gaza City, Turk said the distinction between military and civilian targets must be "paramount."

"The message is, to all parties: respect international humanitarian law, because if you don't, it will have consequences," he said. “And it must have consequences, from an accountability perspective, to all parties to the conflict."

Asked directly if he thinks the principles of distinction, proportionality, and precaution are being respected—with regards to Israel's order for millions to evacuate northern Gaza and the blocking of essential supplies— Turk said he is "very worried that they're not."

"I mean, look at that what Hamas did, they abducted as we understand 199 people… There were even discussions about bargaining chips. People should never be bargaining chips," he said. The Oct. 7 Hamas attack in Israel killed more than 1,400 people.

"At the same time what we see on the on the Israeli side is the bombardment of civilian infrastructure, which has led to the killings of well, we don't know exactly the number but certainly almost 3,000 people already." On both sides, thousands more have been injured.

The principal human rights official of the United Nations said that when a temporary evacuation order is declared for a certain area, people need to have the ability to relocate to somewhere with access to food, shelter, and water, and amid the "so-called complete siege of Gaza, it's impossible to ensure that this is being done."

Noting that the UN has supplies waiting on the Egyptian border to come in to Gaza, Turk said the current situation "raises very serious concerns from an international humanitarian law perspective."

Asked how the UN determines if an actual breach has occurred, such as the forcible transfer of civilians, Turk said it is "always very complicated," depending on the circumstances.

"What we did today is issue a warning that if the principles are not respected, that it could lead to this evaluation, that it is a forced transfer. And for us it's important when we see certain signals appear, to be clear about what the international humanitarian law has to say," he said.

Turk said it is clear that Israel has legitimate security concerns stemming from the surprise attack by Hamas, which Canada has designated a terrorist organization, but that once military conduct is engaged, "war has rules."

'CAN'T FATHOM' HOW CIVILIANS FEEL

Asked what he thought about Israel reportedly considering a mechanism for allowing aid to enter if there are guarantees Hamas militants would release hostages and not seize any deliveries, Turk reiterated that people cannot be bargaining chips.

"International humanitarian law is clear. You need to make sure that food, fuel, water, medical supplies are provided to a civilian population, to a much beleaguered civilian population that is in distress… And it's obvious for what reason there is that obligation, because otherwise, people will die."

That more vulnerable people will die is what Turk said he fears as the worst-case scenario as this war wages on.

Whether it is children going malnourished, or adults dependent on dwindling medical supplies, Turk said he cannot imagine what it must feel like.

"I can't even fathom what it means for the mothers who are there not knowing where they are going to sleep the next night, or where to get the drinking water that they need for their babies. There are 50,000 pregnant women in the Gaza Strip. I don't even want to imagine how they feel, it's terrible," he said.

"These type of situations have a catastrophic impact on civilians, on people who are in the most vulnerable situation, and it is imperative that humanitarian assistance gets into Gaza so that people can be protected and assisted."

REFLECTING ON TURK'S FIRST YEAR

Marking Turk's one-year anniversary in the role — the eighth High Commissioner to lead the Office of the High Commissioner for Human Rights — Sachedina asked if there is a common thread he's noticed in having to deal with multiple flashpoints in the last 365 days.

He said that "inequalities drive grievances."

"We need to be aware of where these crises start, and they start with the neglect, with the violation and with the indifference when it comes to the human rights of each and every one of us," Turk said. "It's actually the indifference or the lack of care for the other, and the dehumanization of the other drives conflict and violence."

Turk said that 75 years ago when the Universal Declaration of Human Rights was signed, the world was also in dark times, but what came out of it was a "never again" sentiment.

"I can only ask everyone to go back to that origin and to see what it means in our lives today, including in relation to the present and future challenges," Turk said.

"And that's incredibly important that we are again inspired by the human rights that were so painstakingly developed in the wake of cataclysmic events. We are going through a very turbulent and uncertain time today, but we have the force, and we have the law that helps us be the best guide when crisis hits us."

Playing a role today in ways that couldn't be fathomed 75 years ago, is social media and the disinformation and incitement to violence that can stem from it. To address this new factor, Turk emphasised the need for independent media outlets and guardrails on social media platforms.

"We saw it during the COVID pandemic, there was so much misinformation going on that actually harmed people and we need to learn the lessons from it. We see it also in our democratic processes, where candidates are vilified with utter nonsense sometimes, and we don't even realize how much this erodes the foundations of our societies and the cohesion, the social condition that exists," Turk said.

"So we really need to work very hard on making sure that social media platforms have human rights due diligence responsibilities."

With files from Chief News Anchor and Senior Editor of CTV National News Omar Sachedina

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