Ref:
71/2009
Date:
02 June 2009
Time:
10:00 GMT
Palestinian Human
Rights Organizations Deliver Open Letter to Mr. Ban Ki-Moon Condemning His
Failure to Uphold International Law and His Decision to Allow Political
Considerations Take Precedence over the Protection of Victims
At 12 o’clock today, Palestinian human rights organizations
delivered a joint open letter to United Nations (UN) Secretary-General Mr.
Ban Ki-Moon. The letter addresses key concerns arising consequent to Mr.
Ban’s comments and actions in relation to the recent report of the UN Board
of Inquiry into certain incidents in the Gaza Strip between December 27 2008
and 19 January 2009.
As detailed in the open letter, the Palestinian Center for
Human Rights (PCHR) and other Palestinian human rights organizations,
believe that Mr. Ban’s actions undermine the foundations on which the UN was
established, damage the Organization’s legitimacy, and demonstrate a
disregard for the victim’s and principles the UN is mandated to protect. The
victims of the Gaza Strip should not be made to suffer such an affront, as
the Secretariat which was created to serve and protect them stands aside and
becomes complicit in the crimes of an ongoing illegal occupation.
Attached to the Board’s report, the Secretary-General
submitted a cover letter for the attention of the Security Council. The
joint open letter submitted today highlights certain aspects of this letter,
and their implications.
For example, Mr. Ban expressly placed on the record his “appreciation for
the cooperation provided by the Government of Israel to the Board,
including its facilitation of the repeated entry of the Board to the
Gaza Strip (emphasis added)”. This comment has serious implications: it
serves to legitimize the illegal Israeli closure of the Gaza Strip – a
closure which constitutes a form of collective punishment in violation of,
inter alia, article 33 of the Fourth Geneva Convention – and which
has resulted in the emergence of a humanitarian crisis in the Gaza Strip. By
explicitly thanking the Occupying Power for making an exception to its
consistent violations of international law, the Secretary-General is
legitimizing the underlying illegality, and the suffering of Gaza’s 1.5
million inhabitants.
In relation to the Board of Inquiry’s 10th and 11th
recommendations, which called for investigation into incidents “involving
death or injury to UNRWA personnel … and/or physical damage to UNRWA
premises that were not included in the Board’s Terms of Reference” and for
an investigation into the wider allegations of international humanitarian
law violations throughout the course of Israel’s military offensive, Mr. Ban
unambiguously stated that “I do not plan any further inquiry.” This explicit
recommendation preempted a discussion by the Security Council, effectively
taking the decision out of their hands. This decision is in conflict with
the protection of victims, the interests of justice, and article 100(1) of
the UN Charter. It raises suspicions of political interference. The
Secretary-General’s failure to acknowledge the Human Rights Council mandated
investigation, and his decision to place on the record his exclusive
appreciation of the State of Israel’s efforts, are a disservice to the
office of the Secretary-General and the victims the Secretariat is supposed
to represent.
PCHR and the co-other signatories, note that some of the
incidents documented in the Board of Inquiry’s report amount to war crimes.
In the wider context of the offensive, human rights organizations have
documented numerous cases of war crimes, grave breaches of the Geneva
Conventions, and potential crimes against humanity. These crimes demand
effective judicial redress. The importance of accountability with respect to
combating impunity is well known. The Secretary-General’s decision to
prevent the possibility of pursuing accountability contributes to a climate
of impunity and the continuation of a cycle of violence and suffering. It is
innocent civilians who pay the price.
Mr. Ban’s actions raise serious suspicions that the
Secretary-General placed politics above the legitimate rights of victims and
the demands of international law, in violation of Article 100(1) of the UN
Charter.
The open letter was signed on behalf of The Palestinian
Centre for Human Rights, Gaza (PCHR), Addameer Prisoner Support and Human
Rights Association, Al Dameer Association for Human Rights, Gaza, Al-Mezan
Center for Human Rights, Gaza, and Defence for Children International –
Palestine Section (DCI-PAL).
Read The letter
