4 June 2009

Press Statement

International society should support UN Mission on Gaza as the first step for accountability on human rights violation in Gaza

On June 1, 2009, a United Nations fact-finding mission, chaired by Richard Goldsmith, has started to investigate violation of international human rights and international humanitarian law related to the conflict in the Gaza Strip from December 27, 2008 through January 18, 2009. 1. Human Rights Now, a Tokyo based international human rights NGO welcomes the dispatch of this fact-finding mission. No investigation, justice or accountability regarding alleged violation of international human rights and international humanitarian during the recent Israeli attack against the Gaza Strip, has been realized until recently, in spite of more than 1,400 alleged deaths. It has been nearly five months since the United Nations Human Rights Council adopted its resolution to dispatch this fact-finding mission on 12th January and therefore the dispatch has been awaited. The United Nations Headquarters set up the "Board of Inquiry" to investigate damages done to United Nations premises during the recent attack in the Gaza Strip. In April, the Board submitted a report concluding that six incidents out of nine in the United Nations premises were intentional attacks by the Israel Defense Force.
This fact-finding mission deals not only with incidents at the United Nations premises but also with all other violations of international human rights and international humanitarian law during the conflict. Human Rights Now expects an fair and impartial investigation regarding attacks against civilians and civilian premises as well as the use of inhumane weapons, such as White Phosphorus, to be carried out intensively.
2. Human Rights Now calls on both parties concerned to fully cooperate with the mission. The Israel government has made the mission especially difficult by refusing entry not only into the Gaza Strip but also into Israel. This time, the mission entered the Gaza Strip through Rafah in cooperation with the Egyptian government. So far there is no hope of its investigation in the West Bank and Israel. Thus, Human Rights Now strongly calls upon the Israel government to cooperate with the mission.
3. Human Rights Now expects the mission to submit its report to the United Nations without delay. The United Nations must take appropriate steps to follow up on recommendations of the mission. In this respect, the actions which the United Nation Secretary-General took last month regarding the recent conflict in the Gaza Strip were very disappointing. Secretary General Ban Ki-Moon, after the submission of a report by the Board of Inquiry in April, has not taken any actions to follow up on its eleven recommendations except a submission of a summary of the report to the Security Council. He did not even release the full report of the Board to the public. More significantly, although the report calls upon the United Nations for further investigations regarding international human rights and international humanitarian laws, the Secretary General clearly stated that no investigation would be carried out by the United Nations in this matter. There is a strong possibility that intentional attacks to the United Nations premises amount to war crimes under the Geneva Conventions. Civilian death caused by these attacks may also be due to violations of the Geneva Conventions. In a situation where grave violations of these international laws have been questioned, it is unacceptable by any measure for the United Nations to turn against an investigation of the truth and the pursuit of justice. In cases where violations of international human rights and international humanitarian law are found by an impartial UN mission, the United Nations must act to ensure justice and accountability.
Human Rights Now expects the dispatch of the fact-finding mission, mandated by the United Nations Human Rights Council, to be the first step in realizing justice and accountability in the Gaza Strip. Human Rights Now calls upon the international community to take strong initiatives to ensure the accountability for the deaths of more than 1,400 civilians, prosecute and convict those responsible, and provide compensation for the victims.
In addition, Human Rights Now expects the dispatch of the mission to lead to the further cessation of human rights violations such as severe restriction of import of goods including reconstruction resources to the Gaza Strip.