[Immediate Release]
Human Rights Now Calls on world leaders
to endorse and implement all recommendations of the Goldstone Mission on the
Gaza Conflict
On the 15th of September 2009, the UN
Fact-Finding Mission led by Justice Richard Goldstone released its 574- page
report on the Gaza conflict, in which it concluded there is evidence indicating
serious violations of international human rights and humanitarian law committed
by Israel during the Gaza conflict which amount to war crimes, and possibly
crimes against humanity. The Report also concludes there is also evidence that
Palestinian armed groups committed war crimes.
The Mission was established pursuant to
the Human Rights Council Resolution adopted in January 2009, constituted by
distinguished international lawyers and experts, headed by Justice Richard
Goldstone, a former prosecutor of the ICTY and the ICTR.
In the Report, the Mission recommended
that the UN Security Council require Israel to report to it, within six months,
on investigations and prosecutions which Israel should carry out with regard to
the violations identified in the Report. The Mission further recommends 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 expert
body’s reports indicate within six months that no good faith, independent
proceedings have been taking place, the Council should refer the situation in
Gaza to the ICC Prosecutor.
The Mission also recommended that the
Human Rights Council endorse the all recommendations contained in the Report,
take appropriate action to implement them and continue to review their
implementation in future sessions.
The Mission further recommended that
the Human Rights Council request the UN Secretary-General to bring the Report
to the attention of the United Nations Security Council, as well as submit the
Report to the General Assembly and the Prosecutor of the International Criminal
Court.
The Mission recommended that the
General Assembly request the Security Council to report to it on measures taken
with regard to ensuring accountability for serious violations of international
humanitarian law and human rights law related to the military operations in
Gaza. The Mission further suggested that the General Assembly may consider
whether additional action within its powers is required in the interests of
justice, including under resolution 377 (V) Uniting for Peace.
Human Rights Now(HRN), a Tokyo based international
human rights NGO constituted by over 600 lawyers and academics, welcomes this
long awaited report and firmly endorses all the recommendations in the Report.
HRN requests the UN Security Council, the General Assembly and the Human Rights
Council to sincerely implement all recommendations made by the Mission in order
to reestablish justice, accountability and human rights.
Although reportedly over 1400 people
have been killed during the conflict, there is no good faith on the internal
investigations and prosecutions on the violations of international human rights
and humanitarian law. International community must not allow impunity on the
conflict.
The Mission conducted two field visits
to Gaza between May and July 2009, detailed analysis of 36 specific incidents
in Gaza, as well as a number of others in the West Bank and Israel. The Mission
heard 38 testimonies during two separate public hearings held in Gaza and
Geneva, conducted 188 individual interviews, reviewed more 10,000 pages of
documentation, and viewed some 1,200 photographs, as well as 30 videos.
The specific incidents concluded as war
crimes by the Mission include direct attack against a mosque at prayer time,
shooting of civilians while they were trying to leave their homes to walk to a
safer place, waving white flags, direct and intentional attack on a hospital
and an ambulance depot by using white phosphorous weapons. The findings of the
Mission are supported by various testimonies and facts.
Based upon the findings of the war crimes
and the grave breach of the Fourth Geneva Convention by Israel and Palestinian
armed group by the highly qualified mission, the international society must act
for justice and accountability by implementing the recommendations made by the
Mission.
The UN Human Rights Council convenes
its special session on Gaza on the 29th of September 2009. HRN requests that
all member states of the Human Rights Council adopt a resolution to endorse the
Report and all recommendations as a first step toward the implementation of the
recommendations.
In
particular, HRN requests that Canada, which opposed the Council resolution in
January 2009, as well as the member states of the European Uinon and Japan,
which abstained to the resolution, change their positions and vote for the
resolution endorsing the Mission’s Report and recommendations.
HRN also requests that the United
States, a new member of the Human Rights Council, support the resolution. This
will be a good opportunity for the new administration of the United States to
clearly show the world its change in foreign policies from the Bush
administration.
There was criticism that the resolution
in January was “one sided” and “politicized”, however, it is not a legitimate
allegation any more since the independent and impartial investigation has been
done on both sides by the Mission.
Despite repeated requests by the
Mission, the State of Israel rejected to cooperate with the Mission, and has
started attacking the Report. However, the quality of the Report is widely
approved by experts and international NGOs. HRN calls on all governments not to
discredit the credibility of the Report and undermine the work of the
Mission.
This Report entrusts the UN Security Council and the State of
Israel to conduct investigations and prosecutions of the violations of
international human rights and humanitarian law during the recent conflict in
Gaza. HRN calls on world leaders, in particular the leaders of all countries
which officially embrace and defend “human rights and rule of law”, to make all
necessary effort to implement Goldstone’s recommendations to achieve justice
and accountability.