We, the
undersigned organisations gathered in Kampala at the International Criminal
Court (ICC) Review Conference, are shocked by Israel’s killing and injury of
civilians carrying humanitarian supplies to Gaza. We wish to express our sorrow
regarding the loss of life and call on the international community to
immediately take all appropriate measures in response to this unacceptable
violence.

On 31 May 2010
Israeli forces opened fire against an international aid convoy seeking to bring
humanitarian supplies into the Gaza Strip; more than 700 unarmed activists from
over 40 countries were on board the 8-ship flotilla. The attack occurred in
international waters and resulted in the killing of at least 9 persons and the
injury of a further 60.

The entire
population of the Gaza Strip is subjected to an illegal closure imposed by
Israel as a form of collective punishment, resulting in a scandalous, wholly
preventable humanitarian crisis. As noted by the United Nations, Israel
currently allows only one-quarter of the necessary supplies into Gaza. The aid
convoy was carrying 10,000 tonnes of humanitarian goods, including medicines,
basic education and reconstruction materials.

This tragedy is
the result of the prolonged impunity granted to Israel by the international
community, despite Israel’s documented, persistent disregard for international
and humanitarian law in the Occupied Palestinian Territory (OPT) and its
violation of fundamental human rights, including the right to life. Many of
these violations also entail criminal responsibility; however, so far no
concrete action has been taken and impunity is a long standing feature of
Israel’s illegal occupation policy.

As noted by the
UN Fact Finding Mission on the Gaza Conflict, the “prolonged situation of
impunity has created a justice crisis in the Occupied Palestinian Territory
that warrants action.” It is a self evident truth that law becomes meaningless
if not enforced.

The conflict in
Israel-Palestine extends beyond its territorial boundaries and must be regarded
as a matter of concern to the entire international community. The consequences
of continued impunity, occurring under the glare of the world’s media, have
widespread global implications, undermining faith in international justice and
its ability to protect civilians. No State should be allowed to act above the
law.

While this
tragedy takes place, the first Review Conference of the International Criminal
Court (ICC) opens in Kampala, Uganda. On this historic occasion the entire
international community, at the presence of UN higher authorities, is
celebrating international justice’s most important achievement. The Court is
the result of over 50 years of struggle to enforce international law through
accountability; it was celebrated as the means to uphold the rule of law, to
move from war to law.

Through the ICC
the international community aims to put an end to impunity for the gravest
crimes. Speaking at the opening of the ICC Review Conference, UN
Secretary-General Ban Ki-Moon and ICC Prosecutor Louis-Moreno Ocampo, stated
that ‘no one is beyond reach’: perpetrators of international crimes must be
held to account, regardless of their rank or nationality. International crimes
must no go unpunished.

Speaking from
the venue of the Conference in Kampala the UN Secretary General strongly
condemned Israel’s attack on the humanitarian flottilla to Gaza. States
delegates declared themselves shocked and outraged by the killings. Everybody
urged for a strong reaction at the international level. The UN Security Council
immediately called an emergency session on the incident.

Our
international legal order has all the instruments at disposal to ensure that
these declarations do not remain – once again – dead words sadly condemned to
fade on paper.

For more than
one and a half year, following Israel’s military attack on Gaza of December
2008-January 2009, the ICC Prosecutor has been closely monitoring the events in
the OPT and examining the possibility of opening an investigation into the
situation. The UN Security Council can accelerate the process and refer the situation to the Court, triggering
its jurisdiction regardless of the territoriality and nationality links. The
ICC Review Conference is a unique opportunity for the international community
to take a concrete step towards upholding the rule of law.

We want Kampala
to be remembered as the place where justice triumphed over politics.

Therefore, the
undersigned organizations call for the illegal closure of the Gaza Strip to be
immediately lifted and urge:

– The ICC Prosecutor to make an urgent determination
regarding the opening of an investigation into the situation in the OPT.

– The UN Secretary General: to urgently address the UN
Security Council with respect to the ongoing impunity crisis in Israel and the
OPT in order to engage all appropriate international mechanisms.

– The UN Security Council: to refer the situation to
the ICC.

– All States Parties to the ICC: to take all
appropriate measure, at the diplomatic and legal levels, to uphold the rule of
law in the OPT

– The UN High Commissioner for Human Rights: to
urgently visit the Gaza Strip.

– Israel to comply with their international legal
obligation and  cooperate with
investigative authority.

Signatories:

Palestinian
Centre for Human Rights (PCHR)

International
Federation of Human Rights (FIDH)

Centre for
Constitutional Rights (CCR, USA)

Turkish
Coalition for the ICC

Track Impunity
Always (TRIAL)

Kenyan Section
of the International Commission of Jurists

Gender Justice
Initiative

Fondazione
Internazionale Lelio Basso (Italy)

Cairo Institute
for Human Rights

University
College Dublin, (Ireland)

Africa Freedom
of Information Centre

Uganda Joint
Christian Council

Human Rights
Network – Uganda

Uganda Women
and Children Organisation (UWCO)

Hope After Rape
(HAR, Uganda)

Disabled
Women’s Network & Resource Organisation in Uganda (DWMRO)

Cameroon
Coalition for Human Rights

Iranian Islamic
Human Rights Commission

Kituo Cha
Sheria (Kenya)

Coalition for
Justice and Accountability (Sierra Leone)

Colombian
Comission of Jurists

Network Movement
for Democracy Human Rights (NMDHR, Sierra Leone)

Mexican
Commission for the Defense and Promotion of Human Rights

Indonesian
Civil Society Coalition for the ICC (ICSLCC)

Ligue pour la
Paix et les Droits de l’Homme (LIPADHO, DRC)

Synergie des
ONG’s Congolaise pour les Victimes (SYCOVI, DRC)

Femme pour la
Paix, le Developpement et les Droit de l’Homme (DRC)

Sierra Leone
Coalition for the ICC

Association
Espanola De Derecho International De Derechos Humanos (AEDIDH)

Justice Without
Frontiers

Lebanese Centre
for International Law and Human Rights

La Coalition
Marocain Pour La Cour Penal Internationale

Institute for
Justice and Reconciliation