Ref: 107/2009

Date: 16 October 2009

Time: 09:00 GMT

PCHR Welcomes Hamas Decision to Investigate Allegations of War Crimes, Comply With Goldstone Report

The Palestinian Centre for Human Rights (PCHR) welcomes Hamas’ decision to endorse the Report of the United Nations Fact Finding Mission (the Goldstone Report), and their commitment to conduct effective investigations into all alleged violations of international law committed in the context of the Israeli offensive on the Gaza Strip (Operation Cast Lead, 27 December 2008 – 18 January 2009).

The UN Fact Finding Mission conducted extensive impartial investigations into the situation surrounding Operation Cast Lead. It found that all sides were responsible for serious violations of international law, including war crimes and grave breaches of the Geneva Conventions. The Mission found that there was sufficient evidence to indicate that crimes against humanity may have been committed, and are, indeed, ongoing.

The Report of the Fact Finding Mission included extensive recommendations, which focused on the urgent need for accountability and the rule of law. Amongst other issues, the Mission recommended that all parties conduct effective, independent, investigations, to be monitored by an independent committee of experts over a six month period. In the absence of good faith investigations that are independent and in conformity with international standards the Security Council should refer the situation in Gaza to the Prosecutor of the International Criminal Court pursuant to Article 13(b) of the Statute of the International Criminal Court. PCHR fully support the findings and recommendations of the Fact Finding Mission.

Hamas’ decision to conduct investigations is welcome. It is a first step towards upholding victims’ rights and enforcing the rule of the law.

PCHR stress that Israel is also under an obligation to conduct investigations, however, to date it has not cooperated with the Fact Finding Mission. On 12 October 2009, Prime Minister Netanyahu vowed that Israeli soldiers and leaders will not stand trial for war crimes committed during Operation Cast Lead, perpetuating a cycle of impunity which has been a consistent feature of Israel’s occupation of Palestinian land.

If effective investigations are not forthcoming resort must be had to international judicial mechanisms, including the International Criminal Court. Victims’ right to an effective judicial remedy must be upheld, those responsible for violating international law must be held to account.