Unclear justice and accountability provisions could derail Gaza peace plan, UN expert warns

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. (AP/File)
Short Url
Updated 15 October 2025
Follow

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

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.


US presses missile issue as new Iran talks to open in Geneva

Updated 11 sec ago
Follow

US presses missile issue as new Iran talks to open in Geneva

  • New round of negotiations in Geneva comes after the US carried out a massive military build-up in the region
  • The dispute between the countries mostly revolves around Iran’s nuclear program
GENEVA: The United States and Iran are set to hold indirect talks in Switzerland on Thursday aiming to strike a deal to avert fresh conflict and bring an end to weeks of threats.
The new round of negotiations in Geneva comes after the US carried out a massive military build-up in the region and President Donald Trump repeatedly threatened to strike Iran if a deal is not reached.
In his State of the Union address on Tuesday, Trump accused Iran of “pursuing sinister nuclear ambitions.”
He also claimed Tehran had “already developed missiles that can threaten Europe and our bases overseas, and they’re working to build missiles that will soon reach the United States of America.”
The Iranian foreign ministry called these claims “big lies.”
The maximum range of Iran’s missiles is 2,000 kilometers (1,200 miles) according to what Tehran has publicly disclosed. However the US Congressional Research Service estimates they top out at about 3,000 kilometers — less than a third of the distance to the continental United States.
The dispute between the countries mostly revolves around Iran’s nuclear program, which the West believes is aimed at building an atomic bomb but Tehran insists is peaceful.
However the US has also been pushing to discuss Iran’s ballistic missile program, as well as Tehran’s support for armed groups hostile toward Israel.
Secretary of State Marco Rubio warned that Iran must also negotiate on its missile program, calling Tehran’s refusal to discuss ballistic weapons “a big, big problem” on the eve of the talks.
He followed up by saying “the president wants diplomatic solutions.”
Iran has taken anything beyond the nuclear issue off the negotiating table and has demanded that the US sanctions crippling its economy be part of any agreement.
‘Neither war nor peace’
Iranian President Masoud Pezeshkian said on Wednesday he had a “favorable outlook for the negotiations” that could finally “move beyond this ‘neither war nor peace’ situation.”
Foreign Minister Abbas Araghchi, who is leading the Iranian delegation at the talks, has called them “a historic opportunity,” adding that a deal was “within reach.”
In a foreign ministry statement that followed a meeting with his Oman counterpart, Araghchi said the success of the US negotiations depend “on the seriousness of the other side and its avoidance of contradictory behavior and positions.”
The US will be represented by envoy Steve Witkoff and Jared Kushner, who is married to Trump’s daughter Ivanka.
The two countries held talks earlier this month in Oman, which is mediating the negotiations, then gathered for a second round in Geneva last week.
A previous attempt at negotiations collapsed when Israel launched surprise strikes on Iran last June, beginning a 12-day war that Washington briefly joined to bomb Iranian nuclear sites.
In January, fresh tensions between the US and Iran emerged after Tehran engaged in a bloody crackdown on widespread protests that have posed one of the greatest challenges to the Islamic republic since its inception.
Trump has threatened several times to intervene to “help” the Iranian people.
Emile Hokayem, senior fellow for Middle East security at the International Institute for Strategic Studies, said that “the region seems to expect a war at this point.”
In January, there was “a big push by a number of Middle Eastern states to convince the US not to” strike Iran.
“But there’s a lot of apprehension at this point, because the expectation is that this time” a war would be “bigger” than the one in June.
Tehran residents who spoke to AFP were divided as to whether there would be renewed conflict.
Homemaker Tayebeh noted that Trump had “said that war would be very bad for Iran.”
“There would be famine and people would suffer a lot. People are suffering now, but at least with war, our fate might be clear,” the 60-year-old said.