October 16, 2009
First Step Towards Justice: Human Rights Council Adopts Resolution Endorsing Goldstone Report’s Findings and Recommendations
First Step Towards Justice: Human Rights Council Adopts Resolution Endorsing Goldstone Report’s Findings and Recommendations

Ref: 108/2009

 

Date: 16 October 2009

 

Time: 15:00 GMT

 

First Step Towards Justice: Human Rights Council Adopts Resolution Endorsing Goldstone Report’s Findings and Recommendations

 

On 16 October 2009, the twelfth Special Session of the United Nations Human Rights Council adopted a Resolution condemning Israel’s illegal actions as an Occupying Power – in particular its illegal annexation of East Jerusalem – and endorsing the findings and recommendations of the UN Fact Finding Mission lead by Justice Goldstone.

The Resolution is a victory for human rights and the rule of law. It is the first step towards justice and accountability, whereby victims’ rights may be upheld, those responsible for serious violations of international law held to account, and the rule of law enforced.

The recommendations of the Fact Finding Mission focused on the need for accountability, detailing extensive implementation mechanisms in the pursuit of justice. The Resolution is thus only a first step: these mechanisms must now be enacted. An independent committee of experts must be established to monitor whether credible domestic investigations are conducted into the allegations contained in the Report. If genuine investigations are not forthcoming, the Security Council must refer the situation in Gaza to the International Criminal Court. The Palestinian Centre for Human Rights (PCHR) will continue to monitor all parties’ investigations.

The Resolution was passed by an overwhelming majority, with 25 States voting for the Resolution versus 6 against. 11 States abstained from voting. It was the result of concerted efforts on the part of the Palestinian leadership, Palestinian and Israeli human rights and civil society organizations, and members of the international community. The Resolution reaffirms the universal nature of human rights, and opens the possibility that the laws’ protection will be extended to all regions of the world.

PCHR stresses, however, that certain members of the international community, lead by the United States and Israel, attempted to block the Resolution. These States placed political interests above individual’s human rights, and undertook efforts designed to shield individuals accused of violating international law from justice. Such actions must be roundly condemned.

PCHR emphasizes that international law, human rights and the rule of law are essential components in the pursuit of a just and sustainable peace: there can be no peace without justice. 

PCHR urges all States to back this Resolution, and to take all necessary measures in the pursuit of justice. The passing of the Resolution is only the first step. All parties must conduct effective investigations aimed at ensuring that those accused of violating international law are investigated, tried and prosecuted in accordance with international laws. Should they fail to do so, the Security Council must refer the situation to the International Criminal Court.