The African Commission on Human and Peoples' Rights (the Commission), meeting at its 84ᵉ Ordinary Session, held virtually from 21 to 30 July 2025
Recalling its mandate to promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights (the Charter) ;
Recalling also the preamble to the African Charter on Human and Peoples' Rights (the Charter), which imposes on States the obligation to eliminate colonialism, neo-colonialism, apartheid, Zionism and all forms of discrimination and foreign domination, in continuity with the struggle of the African peoples for liberation and dignity;
Further recalling Article 60 of the Charter, which enables the Commission to draw inspiration from international law relating to human and peoples' rights, particularly the instruments adopted by the United Nations and the African Union;
Recalling that the State of Palestine enjoys observer status with the African Union and Affirming the African Union’s consistent position in favour of the inalienable rights of the Palestinian people to self-determination, freedom and dignity, as reaffirmed in the decisions and declarations of the Assembly of the African Union, including Assembly/AU/Decl.4(XXXV) adopted in 2022 and 2024, and at the Assembly (Assembly/AU18/XXXVIII) adopted in February 2025, which called for a ceasefire and unconditional humanitarian aid;
Affirming further its Resolution on the situation in Palestine and the Occupied Territories adopted, adopted at its 81stOrdinary Session (ACHPR/Res.611 (LXXXI) 2024), as well as its two previous press releases of 30 October 2023 and 3 June 2024, which condemned the repression, illegal occupation and the blockade of Gaza and humanitarian aid;
Alarmed by reports and statements from senior UN officials on the deliberate and systematic targeting of civilians, including women, children and the elderly, as well as the destruction of hospitals, schools, places of worship and vital civilian infrastructure in Gaza by the Israeli army, in addition to the forced displacement of persons in flagrant violation of international human rights law and international humanitarian law;
Deeply concerned by the documented use of starvation and denial of humanitarian access as a method of warfare in Gaza, in violation of the Geneva Conventions and customary international humanitarian law;
Noting the report of the UN Special Rapporteur on the Right to Food, presented to the Human Rights Council in March 2024, which concludes that Israel is intentionally starving the population of Gaza, in violation of international humanitarian law; as well as the report of the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, which documented and denounced serious violations committed by Israel, including apartheid, collective punishment and acts that may constitute genocide under international law;
Gravely concerned by the continued blockage of humanitarian corridors, including obstructions to the delivery of aid, resulting in appalling starvation and extreme deprivation in Gaza.
Recalling the findings of the International Court of Justice (ICJ) in its provisional measures of January 2024 and subsequent orders in the case of South Africa v. Israel, which noted that the persistent inadequacy of humanitarian aid and the obstruction of its delivery may constitute a violation of obligations under the Convention on the Prevention and Punishment of the Crime of Genocide and a plausible risk of genocide;
The Commission:
- Condemns in the strongest terms the ongoing massacre of civilians, the use of starvation and siege as weapons of war, the massive destruction of civilian infrastructure, and the ongoing illegal occupation and apartheid policies of the State of Israel in Gaza and the Occupied Palestinian Territories;
- Affirms that the use of starvation as a method of warfare constitutes a war crime under international humanitarian law;
- Encourages States Parties to the African Charter to exercise vigilance with regard to their commitments under international law and to avoid any form of support or cooperation that could be interpreted as implicit approval of serious violations of international humanitarian law and human rights in the Occupied Palestinian Territories;
- Calls for an immediate and unconditional ceasefire, as well as full and unrestricted access of humanitarian aid to Gaza, by all available land, air and sea routes, including via the Arab Republic of Egypt, State party to the Charter;
- Supports the consensus on the two-State solution currently being prepared within the UN with a view to improving the enjoyment of human rights by Palestinians and members of the 6th Region of Africa living in Gaza and the occupied territories in order to avoid all the negative consequences of this conflict on Africa, particularly Egypt;
- Expresses its solidarity with the Palestinian people in their struggle for self-determination, freedom and justice, and reaffirms the right of the Palestinian people to resist occupation, in accordance with international law.
Adopted in Banjul, Republic of the Gambia, on 30 July 2025.
