Ref: 54/2011 

On Friday, 16
September 2011, the Palestinian Centre for Human Rights (PCHR), the
International Federation for Human Rights (FIDH), the Euro-Mediterranean Human
Rights Network, Amnesty International, Al-Haq, and Al Mezan sent open letters
to the UN Secretary-General, the Secretary-General of the Arab League, and the
High Representative of the European Union for Foreign Affairs and Security
Policy, and the Secretary General of the Organization of Islamic Cooperation.
This effort has also been endorsed by the Arab Organization for Human Rights.

The letters
were drafted on the occasion of this year’s session of the UN General Assembly.
The letters relate to the pursuit of accountability for victims of
international crimes and the follow up to the Report of the UN Fact-Finding
Mission on the Gaza Conflict.

To date, the
victims of crimes under international law committed by all sides in the context
of Israel’s offensive on the Gaza Strip from 27 December 2009 to 18 January
2009 have not received justice, truth or reparations. It is unambiguously clear
that all sides have failed to conduct domestic investigations that are prompt,
effective, independent and in conformity with international law, and failed to
prosecute suspected perpetrators. This failure has been confirmed by national
and international human rights organizations, as well as the UN Committee of Independent
Experts established by the Human Rights Council.

Consequently,
the 16th session of the Human Rights Council recommended that the forthcoming
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
two-year process triggered by the Report of the Fact-Finding Mission on the
Gaza Conflict must be allowed to reach its full legal conclusion. The failure
to administer justice domestically means that victims’ rights can only be
upheld through international justice mechanisms, and most appropriately the
International Criminal Court.

The letters
note recognition of Palestine’s statehood is set to become a centre-point of
diplomatic discussion at the upcoming General Assembly. However, the pursuit of
accountability in no way conflicts with this discussion. Accountability for
crimes under international law applies at all times, and to all peoples,
regardless of any other criteria.

Indeed, at such
a time, it is imperative that the international community sends the clear and
unambiguous message that accountability for crimes under international law will
be pursued, irrespective of any political considerations.

A copy of the
letter to the UN Secretary-General can be found here.
A sample of the letters sent to the various other State bodies can be found here.