Pakistan joins call by UN for ‘credible investigation’ into mass graves discovery in Gaza

People carry away a body after identifying it among corpses unearthed from a mass grave found in the Nasser Medical Complex in the southern Gaza Strip on April 25, 2024, amid the ongoing conflict between Israel and Hamas. (AFP)

• Palestinian authorities say mass graves at Nasser and Al Shifa hospitals contain hundreds of bodies
• Pakistan says “independent and impartial investigation” must fix responsibility and punish perpetrators 

ISLAMABAD: Pakistan said on Friday it joined the United Nations in calling for a “transparent and credible” investigation into the discovery of mass graves at two major hospitals in Gaza where over 34,000 Palestinians have been killed by Israeli attacks since October. 
The discovery of the mass graves, said by Palestinian authorities to contain hundreds of bodies, have triggered calls by the UN rights chief and others for an international investigation. While not defined under international law, a mass grave is a burial site containing multiple bodies, the existence of which could be important in detecting possible war crimes.
Palestinian authorities said a grave site discovered at the Nasser hospital, the main medical facility in central Gaza, contained nearly 400 bodies. It was uncovered after Israeli troops pulled out of the city of Khan Younis.
Another grave site was also found by Palestinian authorities at the Al Shifa hospital in northern Gaza, which had been targeted by an Israeli special forces operation. 
“Pakistan joins the call by the United Nations for a clear, transparent and credible investigation of mass graves and the massacre of men, women and children by the Israeli occupation forces,” the foreign office spokesperson said at a weekly briefing in Islamabad.
“An independent and impartial investigation must be held to ascertain the facts, fix responsibility and punish the perpetrators of war crimes and crimes against humanity in Gaza.
“We urge the international community, especially the backers of Israel to take urgent measures to bring an end to the war on the people of Gaza, lift the siege, protect civilians, facilitate humanitarian assistance and to hold to account the perpetrator of Gaza genocide.”
Currently, the International Criminal Court in The Hague has an active investigation into the attacks on Israel on Oct. 7 by Hamas and the response by the Israeli military.
The office of the prosecutor has jurisdiction in the Palestinian territories, but has not made any public comments about the discovery of mass graves.
Under the 1949 Geneva Conventions, to which Israel is a signatory, parties to a conflict must take all possible measures to prevent the dead from “being despoiled.” Customary international humanitarian law (IHL) calls for the dead to be respected, including a duty to prevent despoiling of graves and ensuring the identification and proper burial of human remains.
IHL also prohibits mutilation, desecration and other forms of disrespect toward the dead, while parties should take measures to protect grave sites, including those containing multiple human remains.
In 2002, in a case related to killings of Palestinians in the Jenin refugee camp in the West Bank, Israel’s Supreme Court ruled that the Israeli Defense Ministry was responsible under international law “for the location, identification, evacuation, and burial of the bodies” of Palestinians killed in fighting. The judges said bodies should not be buried in mass graves but handed over to the Palestinian authorities.
The International Criminal Court’s founding Rome Statute defines the desecration or mutilation of dead bodies as a war crime and this is banned as an outrage upon personal dignity.
Allegations by Palestinian authorities that the Israeli Defense Forces (IDF) had buried the bodies were “baseless and unfounded,” the IDF said in a statement. The graves were dug by Palestinians, it said, releasing footage showing the graves pre-dated IDF operations.
IDF forces searching for Israeli hostages had examined bodies buried near Nasser hospital and then returned them, the IDF said. 
“The examination was carried out respectfully while maintaining the dignity of the deceased,” it said.
With inputs from Reuters