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This year, the majority of Americans eligible for Medicare coverage chose to enroll in private Medicare Advantage (MA) plans rather than Traditional Medicare. Insurance companies that run these MA plans spend significant sums of money to blanket seniors with marketing that highlights the supposed advantages of MA like low upfront costs, supplemental coverage, and other unique perks like subsidizing gym memberships. However, the ads leave seniors in the dark on the downsides of MA like heavily restricted networks that damage one’s choice of provider along with dangerous delays and denials of necessary care. At the same time, both the Biden Administration and many members of Congress from both parties have voiced support for the further privatization of Medicare through growing Medicare Advantage.
In this article, we will debunk several pervasive myths about MA that proponents and insurance giant owners push in their effort to continue privatizing Medicare at the expense of patients.
Myth #1: Medicare Advantage Is Medicare
The inclusion of the term Medicare in Medicare Advantage — otherwise known as Medicare Part C — is incredibly misleading, as the program is de facto government-subsidized private insurance.
Traditional Medicare is public insurance, where tax revenues are directly used to cover healthcare for seniors and some disabled people. It employs a fee-for-service (FFS) payment model, where the Centers for Medicare and Medicaid Services (CMS) directly pays for each covered service by a healthcare provider.
In contrast, MA consists of thousands of different plans mostly provided by health insurance giants like UnitedHealthcare and Humana. Seven large insurance companies accounted for 84% of MA plan enrollment in 2023. Rather than directly covering care as needed, the federal government pays lump sum Medicare dollars, known as capitated payments, to these private insurers for each patient. MA plans make money by spending as little as possible on patient care in order to keep as much of the leftover taxpayer money as possible.
In other words, MA is private insurance supported by government subsidies, and it is a form of managed care by health insurance companies. MA is not a government-managed public health insurance program like Traditional Medicare.
Myth #2: Medicare Advantage Saves Money
Medicare Advantage has never saved taxpayers money as a substitute for Traditional Medicare. In fact, according to the Medicare Payment Advisory Commission (MedPAC), taxpayers have spent more on financing MA than they would have if everyone was covered under Traditional Medicare.
In fact, Congress and CMS have been working to try to stop MA companies from gaming the system to steal taxpayer money. A 2023 study by the Physicians for a National Health Program (PNHP) estimates that CMS overpaid MA plans between $88-$140 billion in 2022 alone through various practices like pretending patients were sicker than they were along with targeting healthier, less costly seniors to enroll in their plans. Overpayments have also caused all Medicare beneficiaries to pay billions in higher Medicare Part B premiums.
Through taking taxpayer subsidies, MA has been significantly more profitable for insurance companies than the private plans offered to the rest of Americans. In 2021, MA companies had a gross profit margin of $1,730 per enrollee, which is more than double their profit margin on the individual market ($745). In 2023, Humana ended its entire commercial insurance business in order to entirely focus on government-funded programs like MA.
Some who claim MA saves money point to how MA spending is growing at a slower rate than Traditional Medicare. However, their point assumes that people enrolled in MA and Traditional Medicare share the same characteristics, which is false. MA targets and enrolls people who are healthier, less likely to use medical services, and, thus, less expensive to cover than those in Traditional Medicare.
Myth #3: Medicare Advantage Is Necessary To Save Beneficiaries Out-of-Pocket Spending
One of the primary appeals of Medicare Advantage is the idea that it saves beneficiaries money. However, this is highly dependent on how much care someone needs. The extent to which MA does save money for patients is not a natural result of its supposed superiority; it is due to intentional political sabotage and decision making.
Patients in both MA and Traditional Medicare have to pay a monthly premium for Medicare Part B ($174.40 in 2024). Then, Traditional Medicare covers 80% of costs for outpatient services. Beneficiaries are responsible for paying the remaining 20%, with no limit on out-of-pocket (OOP) payments. However, Traditional Medicare fully covers inpatient services such as hospitalization after a patient meets a deductible ($1,632 in 2024). For prescription drug coverage, Traditional Medicare beneficiaries pay a monthly premium for a Medicare Part D plan run by a private insurer ($40 average in 2023).
Traditional Medicare beneficiaries can purchase a supplemental Medigap insurance plan to cover most OOP spending (average monthly premium of $139 in 2023), which a plurality (41%) did in 2021. Eighty-nine percent of people in Traditional Medicare had some form of supplemental coverage in 2023, such as through Medicaid (19%) or their employer/union (31%).
In MA, premiums, coinsurance rates, and deductibles vary across the thousands of different plans. However, the average monthly premium is very low ($18.50 estimate for 2024), and many plans have $0 premiums. Additionally, CMS mandates that MA plans have an OOP spending limit. The average limit for in-network services was $4,835 in 2023; when accounting for both in- and out-of-network services, the average limit was $8,659. Ninety-seven percent of MA beneficiaries are in plans that incorporate drug coverage, and the average premium is $10 per month (73% of enrollees had no premiums for drug coverage).
For healthy individuals without need of expensive healthcare services and products, MA saves money due to its low premiums. However, while Traditional Medicare users with a Medigap plan spend more money upfront due to higher premiums, they can save thousands of dollars for expensive care that would reach their OOP limit if they were enrolled in MA.
However, many seniors simply cannot afford purchasing a Medigap plan, so they have little choice but to enroll in MA. In 2023, 52% of MA beneficiaries earned annual incomes around $25,000. Income limitations disproportionately lead Blacks (65%) and Latinos (69%) to choose MA compared to Whites (48%), as 78% and 81% of Black and Latino MA beneficiaries earn less than 200% of the federal poverty level, respectively.
Traditional Medicare beneficiaries without any form of supplemental coverage (11% of Traditional Medicare users in 2021) most certainly have to pay more for healthcare due to Part A deductible and the lack of any OOP cap. However, the lack of an OOP cap in Traditional Medicare is entirely a result of politics and can be changed. While CMS requires MA plans to have an OOP cap, policymakers have elected not to create one for Traditional Medicare. Congress could legislate a $5,000 OOP cap for Traditional Medicare; this would cost just $39 billion annually or just 28-44% of the overpayments made to MA plans in 2022.
Considering the fact that MA has never saved taxpayer money, the history of billions of dollars in overpayments to MA plans, and the fact that Congress could cost-efficiently lower costs for those in Traditional Medicare, it is a myth that MA is necessary to save patients money.
Myth #4: Medicare Advantage Improves Health Outcomes
Through incentivizing the use of preventative care, Medicare Advantage’s capitated payment model should supposedly increase the health of its beneficiaries. However, there is not sufficient evidence to prove this. Additionally, the sickest patients opt for Traditional Medicare and low reimbursement rates decrease the willingness of healthcares providers to accept MA patients.
The Kaiser Family Foundation (KFF) reviewed existing studies and found that there is not strong evidence of widespread significant differences in health outcomes between Americans enrolled in MA versus Traditional Medicare. MA plans push patients to more preventative care visits, and they also incentivize beneficiaries to take on healthy habits like getting and using a gym membership. In contrast, Traditional Medicare is more likely to send its beneficiaries to higher-rated cancer facilities, nursing facilities, and home health agencies. Issues with data quality and differences in the populations who choose MA versus Traditional Medicare also render direct comparisons between the two programs quite weak.
Incentivized to spend as little as possible, MA plans pay healthcare providers less than Traditional Medicare. As a result, an increasing number of doctors and providers are declining to accept MA patients, further restricting MA networks and access to care. Additionally, lower payments can prevent doctors from providing the best quality care. In comparison, around 99% of non-pediatric physicians accept Traditional Medicare.
Medicare Advantage is a great option for relatively healthy beneficiaries who do not expect to need intensive care for serious illnesses and injuries. Capitated payments do incentivize MA insurance companies to save money by investing in healthy, preventative care and programs. At the same time, the model also incentivizes MA plans to avoid covering the highest quality care for the people most in need.
To restrict care that beneficiaries would otherwise receive in Traditional Medicare, MA companies delay and deny care through prior authorizations (PAs) and payment denials. In 2021, patients and their providers had to file 35 million PA requests in order to receive medical care. MA companies denied 2 million of these requests. People only bothered to appeal 11% of the time; however, those that did had a 82% success rate. In 2022, 94% of physicians surveyed by the American Medical Association reported experiencing PAs which caused delays to necessary care; 56% reported this occurring always or often. Eighty percent reported that PAs caused the abandonment of recommended treatment, and 33% reported that they caused a serious adverse event for their patients.
There are many reasons for poor health outcomes in the United State: lack of healthcare access, high costs, low income, poor diet, and lack of exercise to name a few. The strategy of giving lump sums of money — mostly to insurance giants — and incentivizing them to spend as little as possible is not supported with evidence of improved health outcomes and does not directly tackle these greater issues.
Myth #5: Medicare Advantage Offers Benefits That Traditional Medicare Simply Cannot Match
A primary selling point of MA plans is that they offer supplemental benefits — mainly coverage for dental, vision, and hearing care — that Traditional Medicare does not provide. While this is true, it is misleading because it does not reveal the quality of this coverage.
While the vast majority of MA plans offer supplemental benefit coverage, there isn’t evidence that their beneficiaries actually utilize dental, hearing, and vision services much more than people enrolled in Traditional Medicare. In fact, there is some evidence to the contrary regarding dental care. This is because MA supplemental “coverage” does not protect patients from having to spend significant sums of money out of their own pockets.
Most MA plans have high coinsurance rates along with low annual caps on how much insurance will cover. So, MA coverage predominantly doesn’t help patients with expensive dental, hearing, or vision treatments. This prevents many seniors from being able to afford care even though they technically have coverage. Ultimately, MA plans constantly advertise that they offer supplemental coverage, but they leave Americans in the dark on how little financial help they will actually receive.
Additionally, taxpayers and Traditional Medicare beneficiaries are effectively subsidizing these additional benefits. Not only has MA never saved taxpayer money, it is further depleting the Medicare Trust Fund and raising Part B premiums for all Medicare beneficiaries. These higher premiums and taxpayer overpayments allow MA companies to market supplemental benefits along with the aforementioned low premiums which attract healthier and lower-income seniors.
Instead of enriching MA companies, Traditional Medicare could provide dental, hearing, and vision benefits for less than $42 billion in 2025, which is 30-48% of the overpayments taxpayers made to MA in 2022. Unlike in MA, this coverage would not be limited to restricted provider networks.
Myth #6: Medicare Advantage Is Necessary To Lower Healthcare Spending
Healthcare spending overall and Medicare spending specifically increase every year more than inflation. The United States spends more money per capita than any other country on healthcare. The average cost of healthcare per person in other wealthy nations is roughly half as much as the United States.
To lower Medicare spending, proponents of Medicare Advantage tout the benefits of “value-based” care compared to Traditional Medicare’s FFS model. Critics claim that FFS incentivizes wasteful spending and opportunities for doctors to become rich by billing Medicare for services unnecessary to patient health.
In contrast, “value-based” care involves CMS giving lump sums of money (capitated payments) to MA companies for each patient, supposedly incentivising efficient healthcare spending on preventative care. Through spending less and, ideally, keeping patients healthier, MA companies get to keep more money.
While there are case studies of mission-driven organizations succeeding with capitated payments, this does not hold true for the large, for-profit insurance giants that dominate MA. Rather, the major MA companies’ primary goal is to maximize profit. Therefore, they typically take as much taxpayer money as feasible by gaming the system while restricting care in order to spend less and keep as much as possible.
However, the entire premise that reducing healthcare usage with a more restrictive insurance policy is the best means to lower healthcare spending is baseless. The United States does not use healthcare services more than the other countries who spend far less, and the same is true for Medicare compared to similar foreign populations.
Then why is healthcare so expensive in the United States? Prices. Healthcare prices in the United States are significantly higher than other countries. This reality is a result of factors like market consolidation (lack of competition), patents, administrative waste, and more.
Rather than combat the large hospitals, pharmaceutical companies, private equity companies, insurance giants, and other powerful private interests who control armies of lobbyists and excesses of campaign cash, MA proponents provide a simple solution: make people get less care. This is a convenient solution which happens to also further enrich and get the blessing of dominant insurers like UnitedHealth Group.
All in All, Medicare Advantage Is a Scam
Congress created Medicare Advantage with the 2003 Medicare Prescription Drug Improvement and Modernization Act (MMA). After signing the bill into law, President George W. Bush boasted how MA would lower costs, expand benefits, afford seniors more choices, and improve quality of care. However, this supposed modernization of Medicare was really a scheme to privatize, gifting billions of dollars to insurance companies while seeking to end Traditional Medicare.
In reality, MA has never saved taxpayer money. Through gaming the system of capitated payments, MA insurance companies have reaped billions in overpayments — which have also increased the amount all Medicare beneficiaries pay in Part B premiums.
Through restricting care and taxpayer subsidies, MA plans do offer a lower cost alternative to Traditional Medicare, especially for beneficiaries who cannot afford a supplemental Medigap plan. Additionally, it can offer supplemental benefit coverage unavailable under Traditional Medicare, even if the quality of such coverage is poor and provides limited financial support. However, this reality is not because of its inherent design; it is a result of the political sabotage of Traditional Medicare. Congress can cap OOP expenses and provide supplemental coverage for Traditional Medicare with the same money it overpays to MA insurance giants lining their profit margins.
The only choices MA afforded seniors has been which private plan they want to choose. The program destroys beneficiaries’ choice of doctor due to restricted networks. Additionally, there is not sufficient evidence that MA significantly improves health outcomes while health providers are increasingly dropping MA plans due to low reimbursements, further limiting the number of providers MA patients can see. At the same time, current comparisons between MA and Traditional Medicare are unfair as long as policy makers refuse to fix the cost gaps in the latter.
Within both the Medicare and entire American populations, healthcare costs are rising at the same time as health outcomes are worsening, especially in comparison to peer nations. While MA is a convenient solution for insurance companies, it neither addresses the causes of high prices nor poor health outcomes.
MA proponents consistently point to the increasing share of beneficiaries who choose MA over Traditional Medicare as evidence of success. Along with millions of dollars spent on deceptive advertising by insurance companies, this is the consequence of policymaker’s failure to update Traditional Medicare.
It’s past time Medicare beneficiaries are given a real choice. Instead of overpaying insurance giants to the tune of hundreds of billions of dollars, Congress can cap OOP expenses at $5,000 annually and provide supplemental benefits in Traditional Medicare.
The Center for Economic and Policy Research (CEPR) was established in 1999 to promote democratic debate on the most important economic and social issues that affect people's lives. In order for citizens to effectively exercise their voices in a democracy, they should be informed about the problems and choices that they face. CEPR is committed to presenting issues in an accurate and understandable manner, so that the public is better prepared to choose among the various policy options.
(202) 293-5380"This election is too important for our union not to do its duty," said the former labor leader of his successor.
The former longtime president of the International Brother of Teamsters, James P. Hoffa, called out his successor Sean O'Brien late Thursday over the powerful union's announcement earlier in the week that it would effectively sit on the sidelines of this year's presidential election by refusing to endorse either Kamala Harris or Donald Trump.
"This is a critical error and frankly, a failure of leadership by Sean O'Brien," Hoffa said in a statement. "This election is too important for our union not to do its duty. We must take a stand for working Americans. There is only one candidate in this race that has supported working families and unions throughout their career, and that is Vice President Kamala Harris."
Before retiring as leader of the Teamsters in 2022, Hoffa—whose father was the high-profile union leader Jimmy Hoffa who went mysteriously missing in 1975—served as president for over two decades. O'Brien, known for his brash style and was roundly criticized for speaking at this year's Republican National Convention, took over as Teamsters president the same year Hoffa left.
"In the Teamsters' messy handling of a presidential endorsement, O’Brien has appeared weak, short-sighted, and feckless."
On Wednesday, as Common Dreams reported, the Teamsters announced they would withhold an endorsement after polling of its members showed that neither Harris nor Trump had overwhelming support.
Due to Trump's pronounced and consistent hostility to organized labor and fealty to the corporate class, however, most major unions have treated his potential return to the White House as an existential threat to working people and their families.
As veteran labor reporter Steven Greenhouse wrote this week for Slate:
Trump is an unarguably anti-union candidate. He once said he'd sign a national right-to-work law, he's denounced prominent labor leaders like UAW president Shawn Fain, and he's embraced extremely anti-union business leaders including Elon Musk. Trump recently launched a missile at organized labor's heart by praising the idea of firing striking workers (even though that is illegal under federal law). Three days after O'Brien—in an unusual step for a union leader—spoke at the Republican National Convention to urge the GOP to be nicer to labor, Trump kicked unions in the teeth in his acceptance speech by mocking the United Auto Workers.
Following the announcement by the Teamsters' national leadership, a slew of Teamster locals across the nation, including in key battleground states, rushed their endorsements of Harris out the door.
"Teamsters regional councils—representing hundreds of thousands of members and retirees—in Michigan, Wisconsin, Nevada and western Pennsylvania—endorsed Harris" just hours after O'Brien's announcement, reported the Washington Post's labor correspondent Lauren Kaori Gurley.
"Separately," Gurley added, "powerful local Teamsters unions in Philadelphia; New York City; Long Beach, Calif.; and Miami—as well as the union's National Black Caucus and a group of retirees—have endorsed Harris and urged members to vote for her."
In his statement endorsing the Democratic ticket, William Hamilton, president of the Pennsylvania Conference of Teamsters, said: "In the 45 years the PA Conference of Teamsters has been in existence, it is extremely rare to have a pro-labor candidate for president and a pro-labor candidate for vice president running together. Kamala Harris and Tim Walz are exactly that team."
What stood out to Greenhouse about the nature of the Teamsters' internal polling, which did show broad support for Trump, comes back around to what Hoffa termed a "failure of leadership" when it comes to O'Brien. He wrote:
That internal survey showing so many Teamsters backing Trump highlighted something else: The union’s leadership must have done a dreadful job informing and educating rank-and-file members about how hugely anti-union Trump is and how aggressively anti-union and anti-worker Trump's first administration was (and appointees were). Also, Teamster leaders evidently also failed to explain to rank-and-file members that Harris has fought for policy after policy strongly backed by the Teamsters and other unions, including the Protecting the Right to Organize Act, which is the labor movement’s No. 1 legislative priority and would make it considerably easier for the Teamsters and other unions to organize. Trump opposes the PRO Act. Harris also supported the Bipartisan Infrastructure Act, the CHIPS Act, and the Inflation Reduction Act, which together will create hundreds of thousands of good-paying union jobs for Teamsters and other union members. Harris, unlike Trump, also supports increasing the pathetically low $7.25-an-hour federal minimum wage to at least $15.
"When Sean O’Brien ran to be president of the mighty Teamsters union, he promised to be a strong leader," concluded Greenhouse. "But in the Teamsters' messy handling of a presidential endorsement, O'Brien has appeared weak, short-sighted, and feckless."
Crucially, he added, O'Brien "failed to provide strong leadership on one of his most important tests: to get his union’s rank-and-file and board to reject anti-union Trump" and embrace the Harris, the clear pro-worker candidate in the race.
If Trump ultimately wins, Greenhouse said, the snub of Harris may be something O'Brien and the Teamsters "end up regretting because a second Trump administration will probably be even more of a danger to unions (and democracy) than the first one."
The witness—who claims he falsely identified Owens as the killer because he feared for his life—said that barring a stay, the condemned man "will die for a crime that he did not commit."
Barring an unlikely 11th-hour reprieve from South Carolina's governor or U.S. Supreme Court, correctional officials are set to carry out the state's first execution in 13 years after its attorney general brushed off a key prosecution witness' bombshell claim that the convicted man did not commit the murder for which he is condemned to die.
Freddie Owens—who legally changed his name to Khalil Divine Black Sun Allah while imprisoned—was convicted and sentenced to die by lethal injection for the shooting death of convenience store cashier Irene Graves, a 41-year-old mother of three, during a 1997 robbery.
Although there was no forensic evidence linking the then-19-year-old man to the murder, state prosecutors relied upon the testimony of co-defendant Steven Golden, who pleaded guilty and agreed to testify against Owens as part of a plea deal to spare his own life.
On Wednesday Golden filed an affidavit in the South Carolina Supreme Court in which he declared that he lied about the identity of Graves' killer.
"If this court does not grant a stay, Freddie will die for a crime he did not commit," he wrote.
However, on Thursday the state's highest court rejected Owens' bid.
"Freddie Owens is not the person who shot Irene Graves at the Speedway on November 1, 1997," Golden's filing stated. "Freddie was not present when I robbed the Speedway that day."
"The detectives told me they knew Freddie was with me when I robbed the Speedway," wrote Golden, who was 18 years old at the time of the crime. "They told me I might as well make a statement against Freddie because he already told his side to everyone and they were just trying to get my side of the story."
"I was scared that I would get the death penalty if I didn't make a statement," he continued. "I signed a waiver of rights form and then signed a statement on November 11, 1997."
"In that statement, I substituted Freddie for the person who was really with me in the Speedway that night," Golden claimed. "I did that because I knew that's what the police wanted me to say, and also because I thought the real shooter or his associates might kill me if I named him to the police. I am still afraid of that. But Freddie was actually not there."
Golden—who said he did not name the person who he says killed Graves for fear of his life—added: "I'm coming forward now because I know Freddie's execution date is September 20 and I don't want Freddie to be executed for something he didn't do. This has weighed heavily on my mind and I want to have a clear conscience."
The office of Republican South Carolina Attorney General Alan Wilson responded to Golden's affidavit on Thursday, calling his claim "inherently suspect" and stating that he "has now made a sworn statement that is contrary to his multiple other sworn statements over 20 years."
The attorney general's statement came after a federal judge on Wednesday declined to halt Owens' execution over his legal team's concerns about the provenance of South Carolina's supply of pentobarbital, which is used in lethal injections.
South Carolina unofficially paused executions in 2011 as lethal injection drugs became increasingly difficult to obtain because pharmaceutical companies enacted bans on their use for capital punishment. The state subsequently passed a law protecting the identity of drug suppliers, resulting in renewed stocks.
Additionally, the state Supreme Court ruled in July that executions by firing squad and electrocution do not violate the U.S. Constitution's ban on cruel and unusual punishment, validating a law signed in 2021 by Republican Gov. Henry McMaster that forces condemned inmates to choose between the two methods of execution at a time when lethal injection drugs were still scarce.
Anti-death penalty campaigners on Wednesday submitted a petition with more than 10,000 signatures asking McMaster to grant Owen clemency.
Although the number of U.S. executions has been steadily decreasing from 85 in 2000 to 24 last year, a flurry of impending state killings has raised alarm among human rights activists. Amnesty International says that in addition to Owens, seven men are scheduled to be put to death in the coming month.
"No government should give itself the power to execute people," Amnesty said Thursday on social media. "It is past time for the U.S. to align with other countries that no longer carry out this cruel and inhuman punishment."
A 2014 study determined that at least 4% of people on U.S. death rows were likely innocent.
"I don't think we have seen before, a violation that is so massive, as we are seeing in Gaza now," said one committee leader.
A United Nations committee on Thursday called out Israel for "serious violations" of the Convention on the Rights of the Child in the occupied Palestinian territories, particularly with its nearly yearlong assault on the Gaza Strip.
"The outrageous death of children is almost historically unique. This is an extremely dark place in history," said Bragi Guðbrandsson, vice chair of the U.N. Child Rights Committee, which also released its findings on five other parties to the global treaty—Argentina, Armenia, Bahrain, Mexico, and Turkmenistan.
Since the Hamas-led October 7 attack on Israel, Israeli forces have killed at least 41,272 Palestinians in Gaza and injured another 95,551, according to local officials. Many more remain missing and are believed to be dead and buried in the rubble of bombed civilian infrastructure. The vast majority of the enclave's 2.3 million residents have been displaced, often numerous times.
Earlier this week, the Gaza Health Ministry publicly identified 34,344 Palestinians who have been killed in the Hamas-governed enclave as of August 31. The document spans 649 pages, the first 14 of which are filled with the names of babies. In total, there are 11,355 children.
The U.N. report states that "the committee is gravely concerned about... the outrageously high number of children in Gaza who continue to be killed, maimed, injured, missing, displaced, orphaned, and subjected to famine, malnutrition, and disease, as well as the multiple displacements of the Gazan population, as a result of the state party's indiscriminate and disproportionate attacks on Gaza using explosive weapons with wide-area effects in densely populated areas and its denial of humanitarian access, with at least 1 million children displaced, 21,000 children reported missing, 20,000 children who have lost one or both parents, 17,000 children unaccompanied or separated from their families in Gaza, dozens of child deaths due to malnutrition, and 3,500 children at risk of death due to malnutrition and lack of food."
The panel also expressed alarm over "attacks on and destruction of hospitals, schools, residential buildings, refugee camps, and essential infrastructure, including power facilities and water tanks, by the armed forces, restricting access to health services, education, and housing for the nearly 1 million children living in Gaza."
Guðbrandsson said that "I don't think we can identify any measure that was taken to save children's lives in this military operation in Gaza."
"I don't think we have seen before, a violation that is so massive, as we are seeing in Gaza now," he noted. "These are extremely grave violations that we do not often see."
As Reutersreported:
Israel, which ratified the treaty in 1991, accused the committee of having a "politically-driven agenda," in a statement sent by its diplomatic mission in Geneva.
It sent a large delegation to a series of U.N. hearings in Geneva in early September where they argued that the treaty did not apply in Gaza or the West Bank and said that it was committed to respecting international humanitarian law.
It says its military campaign in Gaza is aimed at eliminating the Palestinian enclave's Hamas rulers and that it does not target civilians but that the militants hide among them, which Hamas denies.
Anne Skelton, chair of the U.N. committee, pushed back against Israel's position on Thursday, telling journalists, "They were not, in our view, facing up to the reality that 17,000 children are dead and that there have been repeated attacks on schools and hospitals."
The report also addresses Israel's claims, saying that "the committee deeply regrets the state party's repeated denial of its legal obligations under the convention in the occupied Palestinian territory (OPT) based on its position that the convention 'does not apply... to areas beyond a state's national territory' and 'was not designed to apply in situations of armed conflict,' and that international humanitarian law is the relevant and specific applicable body of law in the Gaza Strip and the West Bank."
"The committee also regrets the limited information it received on the situation of children living in the OPT due to such a position," the 22-page "concluding observations" document continued. "The committee is of the view that the state party's denial of the application of the convention cannot be used to justify its grave and persistent violations of international human rights and humanitarian law."
The panel cited the International Court of Justice advisory opinion from July that found "international human rights instruments are applicable." The ICJ—which has taken up a genocide case against Israel—also said at the time that the decadeslong Israeli occupation of Gaza and the West Bank, including East Jerusalem, is illegal and must end "as rapidly as possible."
The new report says that the Child Rights Committee, "aligning its position with the position of the ICJ, reiterates that the convention applies to all children at all times and is directly applicable in all territories over which the state party exercises effective control, and reminds the state party of its legal obligations both under the convention and international humanitarian law concerning children in the OPT."
Skelton also argued that "the only real way to serve children's rights in this situation is a cease-fire."
However, Israel has shown no signs of ending its assault on the Palestinian enclave—in fact, fears of a wider regional conflict are heightened this week due to bombings of pagers, walkie-talkies, and other devices across Lebanon, attacks supposedly targeting Hezbollah members that Israeli and U.S. officials attributed to Israel's military and intelligence operatives.
The Child Rights Committee's report follows U.N. Secretary-General António Guterres adding Israel to the so-called "List of Shame" of nations that kill and wound children during armed conflicts, a June decision that outraged Israeli officials but was praised by human rights advocates as long overdue.