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

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.