Ref: 48/2009

Date: 18 October 2009

Ensuring the Implementation of Human Rights Council Resolution on the Goldstone Report: PCHR Director Addresses EMHRN Meeting in Madrid

On 17 October 2009, Mr. Raji Sourani, Director of the Palestinian Centre for Human Rights (PCHR), addressed the Euro-Mediterranean Human Rights Network (EMHRN) working group meeting on Israel-Palestine, which took place in Madrid. The address formed part of PCHR’s continuing efforts to ensure the implementation of the Goldstone report’s recommendations, particularly in light of the 16 October Human Rights Council Resolution endorsing the report and its recommendations.

Mr. Sourani began by detailing PCHR’s experiences with respect to pursuing cases before the Israeli courts. He explained that the Israeli system is fundamentally biased against Palestinians, and that justice is unattainable. It is for this reason that PCHR began to work on universal jurisdiction, in accordance with States’ legal obligations under Articles 1 and 146 of the Fourth Geneva Convention. To date cases have been pursued throughout the world, most notably in the United Kingdom, the United States, and Spain.

Mr. Sourani emphasized that the pursuit of universal jurisdiction is premised on the rule of law and human rights. When certain States chose to make it a political issue, they do so acting in their own self-interest and in an attempt to shield alleged war criminals from justice. This self-interest is exemplified by the British and Spanish governments public statements vowing to change the laws relating to universal jurisdiction, following the presentation of cases against high-ranking officials. PCHR have consistently stated that such statements are a clear attempt to impose political will on the judiciary, in clear violation of the principle of separation of powers; they are illustrative of a lack of respect for these countries judicial systems.

The Goldstone Report was discussed as a landmark in the pursuit of human rights and the rule of law in the occupied Palestinian territory. The most significant aspect of the Report were the detailed implementation mechanism included in its recommendations, in particular the six-month time frame for the establishment of effective domestic investigations. Mr. Sourani stated that the position of the United States, backed up by members of the European Union, was outrageous and evidence of a disrespect for the rule of law. He stressed that EUROMED was founded to fight for the rule of law in the region, and that human rights must be its guiding principle. EUROMED must thus distinguish itself from the position of the EU States.

Mr. Sourani finished by noting that the implementation of the Goldstone Report’s recommendations is not a political matter. It is a matter of human rights, and the rule of law. There can be no compromise when it comes to these principles. As human rights organizations it is now our job to make the implementation mechanisms of the Goldstone Report workable; universal jurisdiction and the International Criminal Court are core components in the fight for human rights and justice.