Ref: 51/2012

The
Palestinian Centre for Human Rights (PCHR) unreservedly condemns the Israeli
Military Attorney General’s decision to close the case of the Samouni family
without initiating any prosecutions.

The
Samouni case involved numerous well-documented allegations of war crimes,
including the willful killing of 27 civilians, the direct targeting of
civilians and civilian objects resulting in the injury of 35 civilians, and the
denial of medical care for the wounded. This incident, which took place over a
number of days, was one of the most horrific single events in Israel’s 27
December 2008 – 18 January 2009 offensive on the Gaza Strip.

PCHR
has filed criminal and civil complaints on behalf of 62 victims in relation to
the Samouni incident, and has provided significant evidence to the Israeli
authorities regarding the incident, often without response.

The
Israeli military’s claim that allegations of war crimes committed in relation
to the Samouni case are ‘groundless’ simply defies belief.

PCHR
believes that this incident emphatically underlines the flaws inherent in
Israel’s investigative system, which have been documented in detail elsewhere,
and endorsed by the UN Committee
of Experts. Simply put, this system comprehensively fails to meet
international standards.

Given
the flaws
inherent in this system – which three and a half years later has
failed to result in a single effective war crimes indictment – PCHR believes
that Israel’s legal system is used as a smokescreen to provide an illusion of
investigative rigour, while in fact providing systemic cover for widespread
violations of international law.

The decision
to close the Samouni family case clearly indicates Israel’s genuine
unwillingness to uphold the rule of international law, and highlights the
urgent need for recourse to mechanisms of international criminal justice.

PCHR
notes that Israel has constructed numerous obstacles to victims’ pursuit of
justice with respect to both criminal and civil complaints. These include, but
are not limited to, denial of physical access to courts for victims, witnesses
and lawyers; denial of visitation between victims and their lawyers; and
prohibitive court guarantees. Nonetheless, victims and their representatives
placed their faith in the rule of international law, believing firmly that
justice must prevail.

This decision – demonstrative of Israel’s longstanding treatment of Palestinian
victims – illustrates the State’s systemic violation of its international legal
obligations and constitutes official endorsement of military operations which
include – apparently as a matter of course – the commission of war crimes.

PCHR
notes that this reality, which makes a mockery of international law, would be
impossible without the complete political and legal immunity extended to Israel
by the international community.

It
is clear that recourse must be had to mechanisms of international criminal
justice, including through the exercise of universal jurisdiction.

PCHR
calls upon the Palestinian authorities to immediately ratify the Rome Statute
of the International Criminal Court.