Logo Assembly Logo Hemicycle

The absolute and urgent need to end the humanitarian crisis for women, children and the hostages in Gaza

Doc. 16093: compendium of written amendments | Doc. 16093 | 28/01/2025 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly has condemned in the strongest possible terms, from the outset, the appalling terrorist attack by Hamas and other militias against Israel on 7 October 2023. It continues to do so. The murders, hostage-taking and all other crimes committed, not least sexual assaults, during this attack constitute a complete violation of human rights and human dignity, for which the perpetrators must be held accountable. The Assembly reiterates its call for the immediate release to their families and homes of all hostages still held in captivity, and calls on Hamas to grant the International Committee of the Red Cross access to those hostages without delay.

28 January 2025

Tabled by Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Ms Hanah LAHE, Mr Aleksei JEVGRAFOV, Mr Alfred HEER, Ms Olena KHOMENKO

Votes: 42 in favor 73 against 2 abstentions

In the draft resolution, paragraph 1, replace the last sentence with the following words:

"The Assembly welcomes the current cease fire agreement and scheduled hostage release plan agreed between Israel and Palestine and hopes that a lasting peace in the Middle East can be built from this process."

Explanatory note

The ceasefire needs to be mentioned in the resolution, otherwise it will be out of date.

In the draft resolution, at the end of paragraph 1, insert the following sentences:

"The Assembly welcomes the conclusion of a three-phase ceasefire agreement to suspend military operations in the Gaza Strip and facilitate the exchange of hostages and prisoners. It welcomes the implementation of its first phase, from 19 January 2025, as a crucial and positive step forward and calls on all parties to respect this commitment so that the three phases are fully implemented and lead to a long-lasting peace."

2More than a year on, the military campaign launched by Israel in Gaza in response to that attack continues, causing an unimaginable humanitarian crisis. The whole Gaza strip is under control by the State of Israel, and especially besieged northern Gaza. During Israel’s military campaign, more than 43 000 people have lost their lives and more than 100 000 civilians have been injured, including large numbers of women and children, who make up 70% of the victims. The hostages are exposed to the same humanitarian crisis as the civilians in Gaza, further compounded by their captivity. Many medical and humanitarian workers have died, including 243 people working for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). A conservative estimate is that 120 000 people have died from ailments and diseases which could not be properly treated or managed, due to the severe damage to the healthcare system in Gaza. Entire sections of the infrastructure of society in Gaza – homes, schools, hospitals and medical facilities – are now completely destroyed or unable to function. In recent months the conflict has escalated to other areas, such as Lebanon, Syria and the West Bank where the same pattern and effects of attacks on civilian areas and humanitarian aid structures can be observed.

In the draft resolution, paragraph 2, first sentence, replace the words "More than a year on, the military campaign launched by Israel in Gaza in response to that attack continues" with the following words:

"The military campaign launched by Israel in Gaza in response to the attack on 7 October continued for 15 months".

In the draft resolution, paragraph 2, third sentence, replace the figure "43 000" with the following figure:

"46 000".

In the draft resolution, paragraph 2, third sentence, replace the figure "100 000" with the following figure:

"109 000"

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Emanuelis ZINGERIS, Mr Alfred HEER

Votes: 35 in favor 74 against 5 abstentions

In the draft resolution, paragraph 2, after the third sentence, insert the following sentences:

"That being said, these numbers do not make a distinction between eliminated terrorists and civilian casualties who were used by Hamas as human shields while the terrorist organisation was operating intentionally from schools, hospitals, mosques and highly populated areas. These numbers also do not reflect who was killed by Hamas rockets that fell short and by Hamas booby traps".

Explanatory note

Making no distinction between combatant and civilian casualties distorts an accurate picture of the situation.

In the draft resolution, paragraph 2, fifth sentence, replace the figure "243" with the following figure:

"265"

28 January 2025

Tabled by Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Mr Alfred HEER, Mr Yuriy KAMELCHUK, Mr Oleksandr MEREZHKO

Votes: 35 in favor 76 against 5 abstentions

In the draft resolution, paragraph 2, after the fifth sentence, insert the following sentences:

"However, there is clear evidence of UNRWA workers actively participating in the October 7th attack on Israel, as well as of Hamas operations from within UNRWA schools and compounds, which put its workers under severe threat. Recently, there were additional attempts by Hamas to abuse the humanitarian infrastructure in the Gaza Strip. The Assembly continues to call on all international organisations operating in Gaza to submit their lists of employees for security screening to ensure that their important work is not infiltrated by terrorists".

Explanatory note

Security concerns regarding UNRWA need to be addressed and dealt with in order to restore UNRWA's credibility.

3The Assembly cannot remain silent concerning the fact that women and children are without any shadow of doubt the main innocent victims of the conflict. In May 2024, the Gaza Ministry of Health put the number of children killed in this period at 14 100 and on 16 September published a list containing the names of 11 000 dead children who were able to be identified. These figures do not include the many more children who are missing, detained, buried under rubble, separated from their families or without any family, or those who have lost their lives indirectly as a result of the conflict. According to United Nations special rapporteurs, more than 183 women a day are giving birth without pain relief, while hundreds of babies have died because of the lack of electricity to power incubators.

In the draft resolution, paragraph 3, at the end of the first sentence, insert the following words:

", as was also apparent in the horrific October 7th attack on Israel"

Explanatory note

Innocent victims on both sides of the conflict need to be remembered.

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Yuriy KAMELCHUK, Mr Oleksandr MEREZHKO, Ms Hanah LAHE, Mr Emanuelis ZINGERIS, Ms Kadri TALI

Votes: 39 in favor 71 against 6 abstentions

In the draft resolution, paragraph 3, second sentence, after the words "the Gaza Ministry of Health" insert the following words:

", run by Hamas,".

Explanatory note

The Gaza Ministry of Health is not a neutral source of information.

In the draft resolution, paragraph 3, after the third sentence, insert the following words:

“At the same time, the entire population of Israel, including children, has been subject to continuous, indiscriminate rocket attacks targeting the civilian population”.

In the draft resolution, after paragraph 3, insert the following paragraph:

"The Assembly points to the responsibilities of Hamas, not only for the massacre of 7 October 2023 but also for its protracted refusal to free the hostages unconditionally, as called for by the United Nations, and to give the Red Cross the access it needed to them. Hamas built up its military infrastructure using schools, hospitals, mosques and international offices, thus transforming Gaza into a giant human shield."

28 January 2025

Tabled by the Committee on Social Affairs, Health and Sustainable Development

Votes: 86 in favor 27 against 5 abstentions

In amendment 32, delete the second sentence:

"Hamas built up its military infrastructure using schools, hospitals, mosques and international offices, thus transforming Gaza into a giant human shield."

4The Assembly refers to its Resolution 2524 (2024) adopted on 23 January 2024 “Recent developments in the Middle East: Hamas’ terrorist attack on Israel and Israel’s response” in which it pointed to the loss of thousands of lives, massive displacement and widespread destruction of civilian objects and infrastructure in Gaza and voiced its sorrow and dismay at the staggering number of innocent casualties in the Gaza Strip. It also notes that many parliamentarians spoke in favour of an immediate ceasefire in the current affairs debates on the “War in Gaza: ensuring the release of the hostages, the implementation of an immediate ceasefire and the provision of humanitarian aid” and on the “Situation in the Middle-East: escalation of violence and mounting humanitarian crisis, particularly in Gaza”, held respectively on 27 June and 1 October 2024.
5Today, the Assembly expresses its deep concern that the humanitarian situation in Gaza – which was already under stress before October 2023 and clearly dire at the time of Resolution 2524 (2024) – has deteriorated further as a result of the ongoing military operations in Gaza. The Assembly cannot accept that this humanitarian crisis could be portrayed or seen as inevitable or be allowed to become the “new normal”. The incessant bombing and ground operations of Israel are only adding to the death toll of innocent civilians. The coming winter will exacerbate the already inhuman and degrading living conditions of the people of Gaza, who are subjected to an infernal cycle of suffering. The Assembly cannot remain silent while thousands of children continue to die and suffer life-altering injuries on a daily basis, especially in a situation where they have no means of escape and no access to even the most basic humanitarian services or assistance. This represents a blatant violation of children’s rights under the UN Convention on the rights of the child, 1949 Geneva Conventions and 1977 additional protocols.

In the draft resolution, paragraph 5, first sentence, replace the words "has deteriorated further as a result of the ongoing military operations in Gaza" with the following words:

"has deteriorated further as a result of the 15 months of military operations in Gaza".

In the draft resolution, paragraph 5, fourth sentence, after the word "Gaza" insert the following words:

"and the hostages held by Hamas".

Explanatory note

Not mentioning the hostages in this description would be one-sided.

6The Assembly underlines that humanitarian organisations working in Gaza – whose ability to work on the ground is severely hampered, if not almost totally disrupted – sounded the alarm at two hearings held by the Committee on Social Affairs, Health and Sustainable Development on 13 and 30 September 2024. They reported that the majority of people in the Gaza Strip have little or no access to basic foodstuffs and hygiene products, drinking water, electricity or heating. 90% of the population has been displaced at least once and some even up to 15 times. Every displacement results in loss of necessary goods, contacts with family and relations, and in worse living conditions. People are living in makeshift shelters made from plastic tarpaulin which will be unusable in winter, having already been partly destroyed by the recent rains. They are concentrated in small, overcrowded areas, where rubbish is piling up because it cannot be disposed of or treated. As a result, preventable diseases and infections have spread among the already vulnerable population.

In the draft resolution, at the end of paragraph 6, insert the following sentence:

"At the same time, the Assembly must point out that over 120 000 Israelis have been evacuated from their homes near the borders with Gaza and Lebanon during the war, and that over half of these have still not been able to return home safely".

7The healthcare system is on the brink of collapse due to the widespread destruction of medical infrastructure and the lack of supplies of essential goods resulting from administrative and physical restrictions imposed by the parties to the conflict, particularly the State of Israel. As a result, the population and hostages in Gaza have often no access to essential medicine such as insulin or blood pressure medication. In a situation where potentially fatal injuries are common, surgical dressings and essential medicines are hard to come by and there are no longer enough blood supplies to meet even half of the needs. Surgery, when it can be performed, is mainly carried out in field hospitals set up in tents.

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Yuriy KAMELCHUK, Mr Oleksandr MEREZHKO, Ms Hanah LAHE, Mr Emanuelis ZINGERIS, Ms Kadri TALI

Votes: 46 in favor 74 against 4 abstentions

In the draft resolution, paragraph 7, first sentence, delete the following words:

", particularly the State of Israel".

Explanatory note

It is likely that Hamas has restricted supplies at least as much or more than Israel.

28 January 2025

Tabled by Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Mr Alfred HEER, Mr Yuriy KAMELCHUK, Mr Oleksandr MEREZHKO

Votes: 37 in favor 80 against 7 abstentions

In the draft resolution, at the end of paragraph 7, insert the following sentences:

"Israel and the international community have established at least 13 field hospitals across Gaza. In addition, Israel has facilitated over 1.281 million tonnes of humanitarian aid to Gaza. This aid was transferred by more than 65 000 trucks and 10 000 air pallets filled with medicine, food and goods. Unfortunately, aid is being looted by Hamas terrorists for their own purposes and at the expense of the civilian population in the Gaza Strip. Other trucks with humanitarian aid are still waiting to be picked up on the Palestinian side of the Kerem Shalom crossing."

Explanatory note

Without listing Israeli efforts the description is one-sided and biased.

8The Assembly refers to the United Nations General Assembly Resolution of 12 December 2023 demanding a ceasefire and humanitarian access to Gaza. In Resolution 2024/2508(RSP) adopted on 18 January 2024 on “the humanitarian situation in Gaza, the need to reach a ceasefire and the risks of regional escalation”, the European Parliament also called for a permanent ceasefire and for full, rapid, safe and unhindered humanitarian access to the Gaza Strip. On 26 January 2024, the International Court of Justice (ICJ) issued an order stating that “Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention” and “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip”. To this day this order has not been acted upon or implemented. On 21 November 2024, the International Criminal Court issued two warrants of arrest for Mr Benjamin Netanyahu and for Mr Yoav Gallant for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024.

28 January 2025

Tabled by Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Mr Alfred HEER, Mr Yuriy KAMELCHUK, Mr Oleksandr MEREZHKO

Votes: 32 in favor 83 against 4 abstentions

In the draft resolution, paragraph 8, replace the fourth sentence with the following sentences:

"Israel has been abiding by international law in its fight to protect its citizens against murderous terrorist organisations on multiple fronts. The Assembly notes that European countries would have acted the same way against threats to the security of their citizens and sovereignty."

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Emanuelis ZINGERIS, Mr Alfred HEER

Votes: 44 in favor 62 against 10 abstentions

In the draft resolution, at the end of the paragraph 8, insert the following sentence:

"Israel has appealed against these warrants, rejecting the International Criminal Court's jurisdiction and the politicisation of international law."

Explanatory note

In an unresolved legal dispute one should always present the positions of both sides.

9Echoing and reinforcing these calls, and in the light of the further dramatic deterioration in the humanitarian situation in Gaza, the Assembly urges all parties to the hostilities, in particular Israel to:

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Emanuelis ZINGERIS, Ms Olena KHOMENKO, Mr Alfred HEER

Votes: 41 in favor 77 against 2 abstentions

In the draft resolution, paragraph 9, first sentence, replace the words "and in the light of the further dramatic deterioration in the humanitarian situation in Gaza, the Assembly urges all parties to the hostilities, in particular Israel to" with the following words:

"the Assembly urges all parties to the hostilities to"

Explanatory note

All parties in a conflict should have the same and equal responsibility to honour international law and norms.

9.1reach an immediate, permanent and unconditional ceasefire;

In the draft resolution, paragraph 9.1, delete the following word:

"immediate".

9.2pending such a ceasefire, ensure that attacks do not destroy more civilian lives and civilian infrastructure, in particular hospitals, refugee zones and schools. The Assembly stresses that these are important protections under international humanitarian law;

In the draft resolution, after paragraph 9.2, insert the following paragraph:

"refrain from using civilian infrastructure and humans as a shield;"

9.3ensure that attacks do not harm humanitarian personnel and structures and guarantee that humanitarian missions and their staff can carry out their work in safety and under appropriate conditions;

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Emanuelis ZINGERIS, Mr Alfred HEER

Votes: 47 in favor 72 against 2 abstentions

In the draft resolution, replace paragraph 9.3 with the following paragraph:

"ensure that humanitarian personnel and structures will not be used for terror purposes by Hamas, and guarantee that humanitarian missions and their staff can carry out their work in safety and under appropriate conditions"

Explanatory note

Both sides in the conflict have the same responsibility.

9.4immediately and unconditionally repeal the ban on UNRWA imposed by Israel;

28 January 2025

Tabled by Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Mr Alfred HEER, Mr Yuriy KAMELCHUK, Mr Oleksandr MEREZHKO

Votes: 30 in favor 85 against 7 abstentions

In the draft resolution, replace paragraph 9.4 with the following paragraph:

"immediately and unconditionally explore alternatives to UNRWA, which is part of the problem and not the solution for the population of Gaza".

9.5ensure strict and immediate compliance with international humanitarian law and standards, including with the principles of humanity, distinction and proportionality, at all times, in particular to
9.5.1immediately grant full, rapid, safe and unhindered access by humanitarian aid organisations to the Gaza Strip and to ensure that the adequate supply of essential goods in the Gaza Strip, such as food, water, medical equipment and medicines, fuel and shelter, is guaranteed for all Palestinians, in particular women and children, and for the hostages in Gaza;
9.5.2respect the “deconfliction” zones and ensure safe working conditions for humanitarian aid workers;

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Emanuelis ZINGERIS, Mr Alfred HEER

Votes: 36 in favor 81 against 1 abstention

In the draft resolution, at the end of paragraph 9.5.2, insert the following words:

"who are constantly threatened by Hamas, which also fires rockets from such zones;"

Explanatory note

The reality of the deconfliction zones environment needs to be described honestly.

9.5.3protect civilians, in particular women, children and other vulnerable groups, especially wounded children with no surviving family;
9.5.4ensure that neonatal care facilities are established and protected at all times;

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Ms Yevheniia KRAVCHUK, Mr Emanuelis ZINGERIS, Mr Alfred HEER

Votes: 38 in favor 78 against 2 abstentions

In the draft resolution, replace paragraph 9.5.4 with the following paragraph:

"ensure that neonatal care facilities are established, protected at all times and are not being used as weapons depots or bases for terrorist activity;"

Explanatory note

It is not only about protection but also about the abuse of neonatal facilities by Hamas.

9.5.5enable the stabilisation of the condition of the most seriously wounded;
9.5.6immediately and unconditionally facilitate medical evacuations, in particular of children and their families and of pregnant women and their families;

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS, Mr Alfred HEER, Mr Yuriy KAMELCHUK

Votes: 35 in favor 81 against 2 abstentions

In the draft resolution, replace paragraph 9.5.6 with the following paragraph:

"continue to facilitate medical evacuations, in particular of children and their families and of pregnant women and their families".

Explanatory note

Unconditionality of such evacuations would encourage abuse of women.

9.5.7provide adequate, permanent areas where families can stay and children can play in safety.
10The Assembly reiterates the importance of free press in a democratic society and the responsibilities of the parties to the conflict in guaranteeing safety for journalists, especially when working in zones of military conflict. Journalists are entitled to protection as civilians under international humanitarian law. The Assembly calls on Israel to immediately allow access to the Gaza Strip by local and foreign journalists and by international organisations responsible for providing information or carrying out investigations, and to facilitate their safe work.

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS, Mr Alfred HEER, Mr Yuriy KAMELCHUK

Votes: 31 in favor 83 against 5 abstentions

In the draft resolution, paragraph 10, after the second sentence, insert the following words:

"The Assembly expresses its dismay that some Palestinian journalists took part in the atrocities of 7 October and some have even been holding Israeli hostages in their homes in Gaza."

Explanatory note

The protection of journalists does not cover terrorist activities.

11The Assembly calls on Council of Europe member States to comply with their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide and to use their influence in every way possible to remind the parties to the conflict of obligations under this convention and of the need to respect minimum humanitarian standards including those set out in the Geneva Conventions. In particular, the following basic principles should be respected: civilians must be spared from military strikes; the wounded and sick must be collected and cared for; impartial humanitarian organisations must be able at all times to offer their services to alleviate suffering without this being considered as interference; and certain acts against protected persons, including women and children, are prohibited at all times and in all places.

28 January 2025

Tabled by Mr Eerik-Niiles KROSS, Mr Oleksii GONCHARENKO, Mr Emanuelis ZINGERIS, Mr Alfred HEER, Mr Yuriy KAMELCHUK

Votes: 42 in favor 77 against 1 abstention

In the draft resolution, at the end of paragraph 11, insert the following words:

"The Assembly should also note that the terrorist organisations that Israel is fighting do not uphold the same standards or respect international law, and often take advantage of this fact when in conflict with democracies which are defending themselves.".

Explanatory note

It should be recalled that while Hamas and other terror organisations are not states, they have the same obligations.

12In this context, the Assembly calls on Council of Europe member and observer States, as well as States whose parliament enjoys observer or partner for democracy status with the Assembly, to play an active role in addressing the current humanitarian emergency in Gaza and its future consequences, in particular as regards:
12.1the support to and provision of emergency humanitarian aid without delay, including the allocation of sufficient funding for NGOs and international structures delivering humanitarian aid;

In the draft resolution, at the end of paragraph 12.1, insert the following words:

"enabling them to strengthen their workforce".

12.2the restoration of vital infrastructure, in particular hospitals, to immediate working order;

In the draft resolution, at the end of paragraph 12.2, insert the following words:

"and those needed to deliver humanitarian aid".

12.3 the provision of emergency food aid;
12.4the provision of appropriate physical and mental healthcare for the children, women, healthcare providers and medical and humanitarian staff who are suffering and will continue to suffer from the trauma caused by armed conflict;
12.5the construction of safe emergency shelters and decent housing for families and children;
12.6 the provision of education and activities in safe physical settings for children and the reconstruction of schools as soon as possible;

In the draft resolution, paragraph 12.6, after the word "education" insert the following words:

"without incitement for hatred".

Explanatory note

Removing Hamas from controlling the education curriculum is critically important.

12.7the removal of rubbish and the restoration of sewage and sanitation systems;
12.8the reception of persons requiring medical evacuation and the provision of specialised medical care within their countries to those persons.
13The Assembly considers that the observer and partner for democracy status with the Assembly brings with it the duty and responsibility to uphold the values of the Council of Europe. The humanitarian crisis existing today in Gaza is in great disregard to these duties and responsibilities. The Assembly therefore urges Israel and Palestine whose parliaments enjoy respectively observer status and partner for democracy status with the Assembly, to do everything in their power to end without any further delay this conflict and put a stop to the suffering of the people in Gaza, including that of the hostages, thereby demonstrating with this resolute action their full commitment to the values of the Council of Europe in the field of human rights, democracy and the rule of law.

28 January 2025

Tabled by Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Mr Alfred HEER, Mr Yuriy KAMELCHUK, Mr Oleksandr MEREZHKO

Votes: 44 in favor 76 against 2 abstentions

In the draft resolution, before paragraph 13, insert the following paragraph:

"The Assembly notes that such actions will be made possible once Hamas is no longer in power and using its terror tactics against its own population in Gaza."

Explanatory note

Without removing Hamas, the actions recommended are unrealistic.

14The Assembly will closely monitor the follow-up given to its above-mentioned requests to all parties to the hostilities, including for an immediate, permanent and unconditional ceasefire, the immediate release of all hostages and concrete and immediate measures to end the humanitarian crisis in Gaza. It refers to the possibility of returning to this question at a forthcoming part-session, with a view to assessing whether further steps are necessary in the light of the commitment shown to the values of the Council of Europe by States whose parliament enjoys observer status with the Assembly.

In the draft resolution, replace the title with the following title: "Addressing the Humanitarian Situation in Gaza and Israel with a Focus on the Protection of Innocent Civilians, Women, Children and Hostages".

Explanatory note

Replaces the title of the resolution with a neutral one.