THE STATEMENT （ＧＡＺＡ）
Two and a half years have
passed since the conflict in
To date, although various investigations have been conducted and many resolutions have been adopted by the United Nations (UN), justice for victims of gross violations of international humanitarian law and human rights law is yet to be made. Those who are responsible have not been prosecuted.
Considering the serious limitations of investigations by domestic institutions, Human Rights Now (HRN), a Tokyo-based international human rights NGO deems it very crucial for all parties concerned, including the UN, to take concrete and effective measures in a timely manner to realize justice, ensure reparations for victims and stop impunity.
Under such a condition, the International Criminal Court (ICC) must inevitably play its role to realize the victims' legitimate rights.
In 2009, the Report of the United Nations Fact Finding
Mission on the Gaza Conflict (the Goldstone Report) was published. Based upon
this report, the General Assembly adopted the Resolution
calling upon Israel and the Palestinian side "within a period of three months,
to undertake investigations that are independent, credible and in conformity
with international standards into the serious violations of international
humanitarian and international human rights law reported by the Fact-Finding
Mission". Notwithstanding the extension of the deadline, neither
As the HRN suggested in the
previous statement, there remain great concerns as to the public access to the
The Goldstone Report
concluded that the operations by Israel was deliberately disproportionate
attacks against the civilian and that the
primary responsibility for those military actions lies in those who designed, planned, ordered and controlled
the operations. However, no legal investigations against such persons have been
As the Report of the shows, it is abundantly clear that neither Israel nor the Palestinian side has capacity or willingness for such an investigation..
The HRN calls upon the General Assembly to take a decisive role as requested by the Human Rights Council. It also calls upon the Security Council to refer the situation to the prosecutor of the International Criminal Court pursuant to Article 13(b) of the Rome Statute.
The persisting impunity of the grave violations of international humanitarian and human rights law makes a peaceful and perpetual settlement of the conflict more difficult. One of the most important things to promote peace is to restore and respect human rights of the people living in the areas and to promote peace in a fair manner in accordance with rules under international law.