During
the 66th General Assembly, the world’s attention has been focused on
issues surrounding recognition of Palestinian Statehood. However, as human
rights organizations we believe that the true question is not only one of Statehood per se; rather it concerns recognition of
rights, and the fundamental importance of the rule of law.
This
General Assembly must act to uphold the enforcement of international law, and
to ensure that the accountability process triggered more than two years ago by
the Report of the UN Fact-Finding Mission on the Gaza Conflict reaches its full
legal implementation.
The Fact-Finding
Mission documented extensive evidence indicating the commission of crimes under
international law by all sides in the context of Israel’s 27 December 2008 – 18
January 2009 offensive on the Gaza Strip. In accordance with the requirements
of customary international law, a two-stage accountability process was
initiated. First, all sides were required to address all allegations domestically.
Second, in the event that these investigations failed to meet international
standards, recourse to international justice mechanisms – particularly the
International Criminal Court – was necessitated.
Two years later, as confirmed by national and international
human rights organizations and the UN
Committee of Independent Experts established by the Human Rights Council, it is
unambiguously clear that all parties have failed to conduct domestic
investigations that are prompt, effective, independent, and in conformity with
international law. Furthermore, all parties have failed to prosecute suspected
perpetrators of crimes under international law.
As a
result, recourse must now be had to mechanisms of international justice. Indeed,
the 16th session of the Human Rights Council
recommended that this 66th session of the General Assembly submit
the Report of the UN Fact-Finding Mission on the Gaza Conflict to the Security
Council, with the recommendation that the Security Council refer the situation
in Israel and the Occupied Palestinian Territory to the Prosecutor of the International
Criminal Court, pursuant to Article 13(b) of the Rome Statute.
The interests of justice demand that the General Assembly
make this request of the Security Council, and that the Security Council
continue the precedent established with respect to Sudan and Libya and act in
the interests of accountability and justice for all victims.
Responsibility
falls upon the Palestine Liberation Organization (PLO), as drafters of the
relevant resolutions, to initiate the procedures recommended by the 16th
Session of the Human Rights Council. All
efforts must be undertaken to ensure justice for all victims.
Should
the PLO choose not to pursue the accountability process initiated by the Report
of the UN Fact-Finding Mission – at the expense of the Statehood initiative –
this will amount to the prioritisation of political processes over victims’
fundamental rights; indicating acceptance of the pervasive impunity that
characterises the situation in Israel and the occupied Palestinian territory.
At
this time it is imperative that the international community sends a clear and
unambiguous message: human rights are universal, and all those suspected of
committing crimes under international law will be pursued, irrespective of any
political considerations.
