Head of UN mission:
Accountability for War crimes in Gaza
Kanaga Raja
“The lack of accountability for war crimes and possible crimes
against humanity has reached a crisis point,” the head of the United
Nations Fact-Finding Mission on the Gaza Conflict, Justice Richard
Goldstone of South Africa, told the United Nations Human Rights Council
on 29 September.
Culture of impunity
“Now is the time for action. A culture of impunity in the region has
existed for too long,” said Justice Goldstone, who headed a four-member
Mission to investigate all violations of international human rights and
humanitarian law that might have been committed in the context of the
Israeli military operation conducted in Gaza during the period from 27
December 2008 to 18 January 2009.
The lack of accountability for war crimes and possible crimes
against humanity has reached a crisis point. Courtesy Google
images |
The “ongoing lack of justice is undermining any hope for a successful
peace process and reinforcing an environment that fosters violence. Time
and again, experience has taught us that overlooking justice only leads
to increased conflict and violence,” he said.
Justice Goldstone’s remarks came during his presentation of the
report of the Fact-Finding Mission to the Human Rights Council.
The other members of the Fact-Finding Mission included Professor
Christine Chinkin of the London School of Economics and Political
Science, Hina Jilani, Advocate of the Supreme Court of Pakistan, and
Colonel Desmond Travers, former officer in Ireland’s Defence Forces.
The report of the Fact-Finding Mission found that there was evidence
indicating serious violations by Israel of international human rights
and humanitarian law during the Gaza conflict. Israel had committed
actions amounting to war crimes and possibly crimes against humanity, it
said.
The report, first released on 15 September, also found that there was
evidence that Palestinian armed groups committed war crimes, as well as
possibly crimes against humanity, in their repeated launching of rockets
and mortars into Southern Israel.
The 574-page report, which contained detailed analysis of 36 specific
incidents in Gaza as well as a number of others in the West Bank and
Israel, made a number of recommendations, chief among these being that
the Human Rights Council request the UN Secretary-General to bring the
report to the attention of the UN Security Council so that the Security
Council may consider action according to the relevant recommendations of
the Mission.
Investigations and prosecutions
It also recommended that the Security Council require Israel to
report to it, within six months, on investigations and prosecutions it
should carry out with regard to the violations identified in the report.
It further recommended that the Security Council set up a body of
independent experts to report to it on the progress of the Israeli
investigations and prosecutions. If the experts’ reports do not indicate
within six months that good faith, independent proceedings are taking
place, the Security Council should refer the situation in Gaza to the
Prosecutor of the International Criminal Court.
The report also recommended that the same independent expert body
report to the Security Council on proceedings undertaken by the relevant
Gaza authorities with regard to crimes committed by the Palestinian
side, and that if within six months there are no good faith independent
proceedings conforming to the international standards in place, the
Council should refer the situation to the ICC Prosecutor.
“The Government of Israel has a duty to protect its citizens,”
Justice Goldstone told the Human Rights Council. “That in no way
justifies a policy of collective punishment of a people under effective
occupation, destroying their means to live a dignified life and the
trauma caused by the kind of military intervention the Israeli
Government called Operation Cast Lead.”
“This contributes to a situation where young people grow up in a
culture of hatred and violence, with little hope for change in the
future,” he added.
He called on the Council and the international community as a whole
to take up the Mission’s recommendations.
Deeply flawed
In a statement at the Human Rights Council in response to the report
of the Fact-Finding Mission, US Assistant Secretary of State for
Democracy, Human Rights and Labour, Michael Posner, said that the
document was “deeply flawed”. He further said that the US disagreed
sharply with the document’s methodology and many of its recommendations,
including their extraordinarily broad scope.
In spite of the extensive damage...Palestinian children are
still determined to receive an education. I salute the children
of Gaza and their parents. |
Unbalanced
The “unbalanced recommendations taint many of the report’s
suggestions for international action,” he told the Human Rights Council.
Pakistan, on behalf of the Organization of the Islamic Conference,
welcomed the fact-finding mission and thanked the mission for presenting
an objective, impartial and most comprehensive account of violations of
international human rights law and international humanitarian law
throughout the Occupied Palestinian Territory including East Jerusalem.
Egypt, speaking on behalf of the Non-Aligned Movement, also welcomed
the report. It told the Human Rights Council that serious consideration
of the report was of the utmost importance to ensure the credibility of
the Council through taking concrete follow-up steps aimed at holding
accountable the perpetrators of such crimes, and bringing an end to the
persistent situation of impunity and defiance of the law.
Tunisia, on behalf of the Arab Group, supported and commended the
report. It was necessary for the Human Rights Council to work to protect
all human rights and for it to ensure follow-up to the recommendations
in the report, it said.
Nigeria, on behalf of the African Group, welcomed the report, saying
that it was comprehensive and balanced.
Human Rights Watch, in its press release, said that the failure of
the US and European Union governments to endorse the report of the Gaza
fact-finding mission sends a message that serious laws-of-war violations
will be treated with kid gloves when committed by an ally.
The US-based human rights group said that the report reflects a
sober, careful assessment of the violations committed by both sides in
the conflict.
According to Human Rights Watch, the statement by Sweden on behalf of
the European Union at the Human Rights Council recognized the
seriousness of the report but failed to endorse its conclusions or
recommendations. EU countries on the Council including the United
Kingdom, France and Germany remained silent about the report.
“The US effort to dismiss the Goldstone report was downright shameful
for an administration that claims to promote the rule of law and
accountability for war crimes,” said Juliette de Rivero, Geneva director
at Human Rights Watch.
“It is also deeply disappointing that key EU governments did not
seize this valuable opportunity to demand justice for victims on both
sides of the conflict. The report’s detailed findings and its careful
recommendations deserve support, not dismissal and silence,” she added.
Meanwhile, UN High Commissioner for Human Rights, Navanethem Pillay,
recommended that all allegations of breaches of international
humanitarian law and human rights violations during the Gaza military
operations and their aftermath - whether through attacks on civilians
and civilian objects in Gaza or indiscriminate rocket attacks into
Israel - be thoroughly investigated by credible, independent and
transparent accountability mechanisms, respectful of international
standards of due process.
Equally crucial is upholding the right of victims to reparation, she
said in her first periodic report to the Council on the grave violations
of human rights in the Occupied Palestinian Territories, particularly
due to the recent Israeli military attacks against the Occupied Gaza
Strip.
The recommendations of Justice Goldstone’s fact-finding mission
should be followed up by the Council in order to fulfill its
responsibility to promote universal respect for the protection of all
human rights and fundamental freedoms for all. The interest of all
victims and respect for international law must be the central focus of
the Council’s action, she said.
“This body’s impartiality and an even-handed approach on the part of
the international community as a whole, are indispensable to help
prevent future human rights violations and to establish solid bases for
peace and security,” the High Commissioner stressed. - Third World
Network Features
(The writer is the Editor of the South-North Development Monitor
(SUNS) |